[Congressional Record Volume 151, Number 88 (Tuesday, June 28, 2005)]
[Senate]
[Pages S7523-S7538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORNYN:
  S. 1318. A bill to protect States and Federal judges by clarifying 
that Federal judicial immunity covers all acts undertaken by judges 
pursuant to legal authority; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, I rise today to introduce important 
legislation to protect State and Federal judges against civil lawsuits, 
by clarifying that Federal judicial immunity covers all acts undertaken 
by judges pursuant to legal authority.
  To put it mildly, these are not easy days for members of the State 
and Federal judiciary. I am unaware of any member of this body who has 
not, at one time or another, criticized a member of the State or 
Federal judiciary for issuing one ruling or another--including the 
numerous controversial rulings that have captured the Nation's 
attention in recent years. Indeed, in each of the two previous 
Congresses, the Senate unanimously approved strongly worded resolutions 
``strongly disapprov[ing]'' the infamous decision of the U.S. Court of 
Appeals for the Ninth Circuit striking down the voluntary recitation of 
the Pledge of Allegiance in public schools. See S. Res. 71 (108th 
Cong.) and S. Res. 292 (107th Cong.).
  To be sure, judges are supposed to follow and apply the law--not 
legislate from the bench. On numerous occasions, I have spoken out 
against instances of judicial activism. But there are appropriate and 
inappropriate ways to register one's disapproval and disagreement.
  The First Amendment guarantees every American the right to express 
disagreement with government officials--including State and Federal 
judges. There is certainly nothing inappropriate about criticizing 
judicial rulings with which one sharply disagrees. But it is entirely 
inappropriate to threaten the impeachment and removal of judges simply 
for issuing rulings with which one disagrees. It is inappropriate to 
file lawsuits against judges in the hope of pestering or bankrupting 
them in retaliation for judicial actions one does not like. And it is 
absolutely deplorable for any person to undertake violence, threats of 
violence, or other illegal acts against judges.
  As a former State trial judge and State supreme court justice of 13 
years, who has a number of close personal friends who still serve on 
the bench today, I am outraged by recent acts of courthouse violence. I 
personally know judges and their families who have been victims of 
violence. I have grieved with those families. And during the Easter 
recess earlier this year, I met with an old friend, a Federal judge in 
Texas, to make sure that we are doing everything that we can to protect 
our judges and courthouse personnel against further acts of violence. 
So I look forward to legislation that will soon be introduced to 
strengthen courthouse security and to otherwise bolster protections 
against violence for judges, their staff, and their families.
  Today I would like to introduce legislation to protect State and 
Federal judges against a different kind of threat--a lesser threat than 
violence to be sure, but an important one nonetheless: the threat of 
civil litigation in retaliation for unpopular judicial actions. For 
centuries, our common law

[[Page S7524]]

has protected judges against civil litigation by conferring upon them 
courtroom immunity. It has long been understood that judicial immunity 
is an essential element of protecting judicial independence and 
ensuring that judges have the ability and freedom to do their jobs. As 
the Senate Judiciary Committee noted less than a decade ago: ``Even 
when cases are routinely dismissed, the very process of defending 
against those actions is vexatious and subjects judges to undue 
expense. More importantly, the risk to judges of burdensome litigation 
creates a chilling effect that threatens judicial independence and may 
impair the day-to-day decisions of the judiciary in close or 
controversial cases.'' Federal Courts Improvement Act of 1996--S. 1887, 
S. Rep. No. 104-366 at 37 (1996).

  Throughout its legal existence, judicial immunity has been for the 
most part a creature of the common law. But there have been times when 
Congress has seen fit to step in and to strengthen judicial immunity--
particularly when the courts have undertaken an unduly narrow view. In 
1996, for example, Congress enacted the Federal Courts Improvement 
Act--important legislation that included a provision reversing a U.S. 
Supreme Court decision in order to expand the protections of judicial 
immunity.
  It is appropriate for Congress once again to consider legislation to 
strengthen judicial immunity. This time, I hope Congress will respond 
to a recent decision by a Federal district court in Fort Worth, TX. 
That decision applied recent Supreme Court precedents in good faith, 
but in a manner that leaves judges potentially exposed to vexatious 
civil litigation. In Alexander v. Tarrant County, the Federal district 
court held that traditional judicial immunity does not protect State 
judges acting in their administrative capacities. Specifically, the 
court held that State judges authorized under State law to supervise 
local correctional facilities could not claim judicial immunity against 
suit. As a recent news report and editorial by the San Antonio Express-
News make clear, that decision has left judges throughout the State of 
Texas in a state of uncertainty and anxiety about their exposure to 
lawsuits and liability. As the editorial rightly argues, the Alexander 
ruling, and I quote, ``has sent shock waves through the judiciary. . . 
. Judges have a tough job. They should not be burdened with defending 
themselves for the administrative duties they perform.'' I ask 
unanimous consent that a copy of those articles be printed in the 
Record at the close of my remarks.
  The legislation I introduce today is simple and straightforward. It 
protects State and Federal judges against civil lawsuits, by clarifying 
that Federal judicial immunity covers all acts undertaken by judges 
pursuant to legal authority. Specifically, it provides that State and 
Federal judges shall be immune against any Federal civil cause of 
action respecting the discharge of any legislatively or 
constitutionally authorized duty, except for actions involving malice. 
The legislation would not preempt any judicial immunity that already 
exists under current law.
  This legislation was drafted with the support of two Texas State 
judges--the Honorable Dean Rucker, who presides over the 318th District 
Court in MidIand, and who chairs the Judicial Section of the State Bar 
of Texas, and the former chairman, the Honorable Mark Atkinson of the 
Harris County Criminal Court. I want to thank them both for their 
service to Texas and for their help with this legislation, and I ask 
unanimous consent that their letter of support be printed in the Record 
at the close of my remarks. I am also grateful for the technical 
assistance provided by the Administrative Office of the U.S. Courts, as 
well as by the office of Texas Attorney General Greg Abbott, which has 
been intimately involved in the defense State judges against vexatious 
litigation. Finally, I am especially grateful for the support of the 
Chief Justice of the Texas Supreme Court, Wallace Jefferson, and I ask 
unanimous consent that his letter of support likewise be printed in the 
Record at the close of my remarks.
  I hope that legislation to protect judges against deplorable acts and 
threats of violence will soon be introduced and quickly be enacted, and 
I hope that the legislation I introduce today to protect judges against 
vexatious litigation will likewise be considered favorably by my 
colleagues.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    Judges Skittish Without Immunity

                          (By Zeke MacCormack)

       Kerrville.--Becky Harris didn't get far with her most 
     recent status report to the Kerr County Juvenile Board on the 
     detention center she manages.
       After just two words, she was stopped by state District 
     Judge Steve Ables, who said such a briefing could leave him 
     and other board members ``buck naked'' and personally liable 
     in the event of a lawsuit.
       The concern stemmed from a recent federal judge's ruling 
     that ``judicial immunity'' enjoyed by judges for courtroom 
     duties doesn't necessarily extend to administrative duties 
     they perform.
       Judges still have qualified immunity as elected officials, 
     but a ruling last fall by U.S. District Judge Terry Means in 
     a lawsuit against 19 criminal court judges in Tarrant County 
     has sent a chill across the Texas bench.
       ``It's got judges spooked all over the state,'' Kerr County 
     Judge Pat Tinley, one of three judges on the juvenile board, 
     said last week. ``Until the Legislature reduces their 
     (judges') exposure, they're all going to be as jumpy as the 
     dickens.''
       Legislation now pending in Austin offers only a partial 
     fix. It would bolster protections for judges acting in regard 
     to adult probation departments, but not on juvenile matters, 
     such as the aborted April 13 briefing in Kerr County.
       ``If we know what Becky's doing, and it turns out that 
     something goes south, and there's a huge incident, the fact 
     that we knew about it puts us maybe in a role of getting 
     sued,'' Ables said, according to a transcript of the meeting.
       Until legislation can solidify immunity for judges, he 
     said, ``we're telling everybody who's dealing with any type 
     of administrative duty, `Stay as far away from it as you can. 
     Don't make any decisions.' ''
       State District Judge Karl Prohl, another member of the 
     juvenile board, suggested Harris instead brief county 
     commissioners, who assumed oversight of the center Feb. 14 
     when the county closed on the $1.9 million purchase of it.
       But, he told her, ``we can visit on an individual basis as 
     friends.''
       Dean Rucker, a district judge in Midland who is chairman of 
     the State Bar of Texas judicial section board, said he's 
     ``always had some concern about how far our judicial immunity 
     went,'' adding the federal ruling ``seems to indicate it has 
     some limits.''
       The Tarrant County case stems from the 2001 pneumonia death 
     of Bryan Alexander, 18, of Arlington, a detainee at a 350-bed 
     detention center in Mansfield run by Correctional Services 
     Corp.
       Serving a six-month sentence on a misdemeanor, Alexander 
     died after days of coughing up blood and seeking medical 
     help. A nurse at the center was convicted in 2002 of 
     negligent homicide for failing to give adequate care, got 
     four years of probation and was ordered to pay $11,000 in 
     restitution.
       In 2003, Alexander's family won $38 million in a negligence 
     lawsuit in state court against the nurse and Correctional 
     Services. That's on appeal.
       The family then filed a federal civil rights lawsuit 
     against all Tarrant County judges with criminal court 
     jurisdiction, in their individual capacity.
       Last fall, Means let the lawsuit continue after denying a 
     motion to dismiss that was based on a claim of judicial 
     immunity. Means said the lawsuit's allegations are that 
     judges performed administrative acts that fell outside their 
     statutorily required duties regarding the center.
       The local government code in Texas law says district judges 
     trying criminal cases shall create community supervision and 
     corrections departments and are entitled to help manage them. 
     ``What Judge Means is saying is, `If you're going to assume 
     those administrative duties, act responsibly,' '' said Mark 
     Haney, attorney for Alexander's family.
       He said the Tarrant County judges approved an inadequate 
     budget for the center, hired an operator for it who had 
     problems elsewhere, and approved a policy that said ill 
     detainees could not seek outside medical help until they'd 
     taken over-the-counter drugs for three days. ``You can't just 
     give out a budget and then turn a blind eye to 
     consequences,'' Haney said.
       Assistant Attorney General David Harris, who is helping 
     defend the judges, said ``most judges were under the 
     impression, I believe, that as long they were performing 
     tasks assigned to them by the Legislature and making their 
     best efforts, they would be protected by judicial immunity.''
       The judges had no direct management role in the center, he 
     said, and relied on the operator and staff to act 
     responsibly.
       Harris has spoken to judges at conferences on how the case 
     might affect them. ``They need to be aware of the fact that 
     they are not always acting in a judicial capacity, even if 
     they think they are,'' he said.
       He wouldn't comment on the deliberations of the Kerr County 
     Juvenile Board. ``I'm not advocating that any of them shirk 
     their responsibility as a judge. I want them to approach 
     their duties informatively, and to act discreetly and with an 
     eye toward liability,'' he said.

[[Page S7525]]

       Harris is slated to testify Tuesday before the Senate 
     criminal justice committee on a bill sponsored by Sen. John 
     Whitmire, D-Houston.
       A Whitmire aide said the bill, which passed the House last 
     month, clarifies that judges have judicial immunity when 
     forming an adult probation department, passing its budget, 
     naming its director and approving a community justice plan.
       But it doesn't address juvenile boards that judges also 
     serve on, because those duties are covered by a different 
     statute, the aide said.
       Haney said insulating judges from liability could backfire. 
     ``If there is no accountability, then I think it invites 
     irresponsible behavior,'' said Haney, who expressed amazement 
     at the Kerr Juvenile Board discussion. ``That is just as 
     irresponsible as acting with deliberate indifference,'' he 
     said.
       Some Kerr County commissioners also expressed concern about 
     it, with Commissioner Jonathan Letz describing the juvenile 
     board's posture as ``head in the sand.''
       Commissioner Buster Baldwin said limited oversight by the 
     judges might have fostered the financial woes that left the 
     county with the choice of buying the insolvent juvenile 
     center or losing it.
       Reacting later, Ables, the district judge, said the 
     juvenile board was more closely involved in supervising the 
     facility before it was sold.
       ``Everybody (on the board) felt we could be involved 
     because we had judicial immunity,'' until word of the Tarrant 
     County ruling circulated early this year, he said.
                                  ____


                  [From The San Antonio Express-News]

                       Extend Immunity for Judges

       State lawmakers should protect judges from litigation 
     spawned by the administrative duties they perform off the 
     bench.
       A federal court recently ruled that the immunity judges 
     have for the duties they perform in the courtroom does not 
     extend to their administrative actions, a decision that could 
     have a big impact across the state.
       In many counties, district court judges who try criminal 
     cases are charged by state law with establishing community 
     supervision and corrections departments.
       However, the law does not provide the judges with 
     protection from litigation for the decisions they make in 
     that capacity.
       As Express-News staff writer Zeke MacCormack reported, a 
     federal court judge's ruling in a Tarrant County case has 
     sent shock waves through the judiciary.
       In that case, U.S. District Judge Terry Means denied a 
     motion to dismiss a lawsuit filed against the 19 Tarrant 
     County criminal court judges by the family of a man who died 
     in custody.
       The judges claimed judicial immunity. Means ruled they did 
     not possess it for administrative acts.
       Legislation pending in Austin would give judges judicial 
     immunity when administering an adult probation department and 
     providing a community justice plan.
       However, it doesn't address their actions as members of the 
     juvenile boards that oversee juvenile detention centers and 
     juvenile probation departments across the state.
       Judges have a tough job. They should not be burdened with 
     defending themselves for the administrative duties they 
     perform.
                                  ____

                                                 Judicial Section,


                                           State Bar of Texas,

                                San Antonio, Texas, June 27, 2005.
     Senator John Cornyn,
     U.S. Senate, Hart Office Building, Washington, DC.
       Dear Senator Cornyn: On behalf of the judges of the State 
     of Texas, we would like to thank you for your proposed 
     legislation addressing the important issue of immunity for 
     judges in the performance of their duties.
       The issue of judicial immunity for the performance of 
     certain administrative duties was one of the Texas 
     judiciary's highest legislative priorities during the recent 
     regular session of the legislature. Governor Perry has now 
     signed legislation that provides judicial immunity to Texas 
     judges in the oversight of their local community supervision 
     and corrections departments.
       Your efforts to address the issue of judicial immunity at 
     the federal level are of the utmost importance to Texas 
     judges. If adopted, the legislation you have crafted will 
     provide comprehensive immunity for judges in the performance 
     of their statutorily and constitutionally authorized duties.
       We extend our heartfelt appreciation for your efforts and 
     for your steadfast support of the judiciary.
           Yours very truly,
     Dean Rucker,
       Chair, Judicial Section, State Bar of Texas.
     Mark Atkinson,
       Chair, Criminal Justice Legislative Committee Judicial 
     Section, State Bar of Texas.
                                  ____



                                   The Supreme Court of Texas,

                                        Austin, TX, June 27, 2005.
     Senator John Cornyn,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Cornyn: The Supreme Court of Texas is aware 
     that Texas judges are concerned about a recent federal 
     judge's ruling that the immunity judges have traditionally 
     been accorded, does not necessarily extend to administrative 
     duties they perform. So worried are Texas judges, in fact, 
     that the Judicial Section of the State Bar of Texas made 
     judicial immunity for administrative duties one of the its 
     highest legislative priorities during the recent regular 
     session of the Texas Legislature.
       As Chief Justice of The Supreme Court of Texas, 
     constitutionally charged with the responsibility of 
     overseeing the administration of justice in the State, I 
     share these concerns. The practical impact of limiting a 
     doctrine that has offered protection for well over a century 
     in this country--and centuries before in England--may be a 
     reluctance by Texas judges to discharge their administrative 
     duties, many of which are critical to a healthy, functioning 
     judicial branch.
       Texas citizens will be the unwilling victims of this 
     reluctance. Contrary to suggestions in the media, judicial 
     immunity was not fashioned for the protection or benefit of 
     judges. Rather, the doctrine was intended to benefit the 
     public, who has a keen interest in a judiciary that functions 
     with independence and without fear of the personal 
     consequences of discharging their duties.
       I commend the leaders within the Texas judiciary who worked 
     hard this session to press for legislation that protects the 
     independence of the judiciary, through these reform efforts 
     and others. I likewise applaud the Governor and our 
     distinguished legislators who, through the stroke of a pen 
     and the casting of a vote, tell Texas judges that they 
     support judicial independence, not only with impressive 
     rhetoric, but through recordable actions.
       Despite these successes on the state level, more 
     comprehensive reform may be in order. I support your efforts 
     to do so at the federal level and extend my sincere 
     appreciation for your continued support of the judiciary.
           Sincerely,
                                             Wallace B. Jefferson,
                                                    Chief Justice.
                                 ______
                                 
      By Mr. DeWINE (for himself, Mr. Biden, Mr. Santorum, Mr. 
        Feingold, Mr. Lugar, and Mr. Obama):
  S. 1320. A bill to provide multilateral debt cancellation for Heavily 
Indebted Poor Countries, and for other purposes; to the Committee on 
Foreign Relations.
  Mr. BIDEN. Mr. President, in our search for ways to eliminate the 
crushing poverty that afflicts billions of people around the world, 
experience has taught us to be humble. There is no single policy or 
program that can deal with the underlying causes and symptoms of 
poverty.
  But as the Hippocratic Oath reminds us, in the search for cures, 
``First, do no harm.''
  Right now, the burden of debt owed by the poorest nations of the 
world to the richest does harm not only to them, but to us.
  In our new global environment, countries whose peoples live in abject 
poverty are not just a moral challenge to those of us who are blessed 
with affluence.
  They can threaten the entire edifice of political and economic 
stability.
  New technologies that have brought so much good to the world have 
shrunk the gaps in time and distance that once allowed us the luxury of 
inattention.
  Now the very symbols of the technological superiority of our age, 
from the cell phone to the internet to jet airliners, have been 
transformed into weapons in the hands of those who are the declared 
enemies of our way of life.
  They allow stateless actors to reach out from the shadows, from weak 
and failed states, to attack us here at home.
  Poverty-stricken states are fertile ground for drug production and 
trafficking, feeding our own drug problems here.
  With the scourge of AIDS and other diseases loose in the world, we 
cannot afford the existence of more states that cannot feed, house, 
educate, or innoculate their citizens.
  For all of these reasons, we ignore the poverty that plagues other 
nations at our own peril.
  That is why we need the legislation I am introducing today, with 
Senators DeWine, Feingold, Lugar, and Obama, the Multilateral Debt 
Relief Act of 2005.
  This legislation takes a first step in addressing that poverty it 
relieves the poorest nations of the world, specifically those who 
qualify for the Heavily Indebted Poor Country initiative of over a 
billion dollars a year in debt service payments that they are obliged 
to send the World Bank, the IMF, and the African Development Bank.
  Since I worked with the President Clinton on the Enhanced HIPC 
initiative in 1999, we have searched for a

[[Page S7526]]

workable definition of ``sustainable debt'' an amount that would not 
cripple a country's ability to take care of its own citizens and 
achieve economic growth.
  In the end, it became clear that definition would continue to elude 
us. Whatever the best use of the limited resources of the poorest 
nation may be, sending checks to the multilateral banks established by 
the richest nations of the world is nowhere near the top of the list.
  With the strong leadership of Prime Minister Blair, who will preside 
over the upcoming G8 Summit in July, we have cut the Gordian Knot of 
debt owed by the poorest nations of the world.
  The announcement of the G8 Finance Ministers earlier this month on 
100 percent debt relief cuts through years of debate and opens the way 
for a fresh start.
  One hundred percent debt relief for those countries who meet the HIPC 
qualifications gets that debt out of the way of the many tasks before 
those countries in their search for economic growth.
  None of our own foreign assistance programs will work to their best 
advantage if we send that assistance into nations who will turn around 
and send some of their money right back here to Washington, to the 
World Bank, to the IMF.
  We must remember that this is indeed only the first step on a long 
path. With the funds this legislation will authorize, a burden of debt 
will be lifted, but we will still need to promote health, education, 
and other pillars of economic development.
  We will need a more creative approach to trade with the poorest 
nations, who represent no economic threat, except for the threat that 
comes from their poverty itself. We have nothing to fear from a world 
in which fewer people wake up hungry, sick, and uneducated.
  But with as much as $40 billion in outstanding debt stock owed by 18 
countries to be removed from the books right away, our efforts in those 
areas have a greater chance to succeed. Up to $56 billion will be 
forgiven under this plan, once all 38 eligible countries are fully 
qualified.
  I am pleased to note that this is a bipartisan initiative, one I 
share with Senators DeWine, Feingold, Lugar, and Obama, an effort that 
began with the Clinton Administration and has progressed to this 
historic agreement under President Bush.
  This legislation authorizes the funds needed for our share of the 
debt relief. It provides for further relief for other countries as they 
become eligible.
  It lifts not only a debt burden from poor countries, but a moral 
obligation from our shoulders.
  The poverty reduction it will promote will help millions around the 
globe and contribute materially to a more stable and secure world.
  I urge my colleagues to join us in supporting it.
                                 ______
                                 
      By Mr. SANTORUM (for himself, Mr. Crapo, Mr. Smith, and Mr. 
        Hagel):
  S. 1321. A bill to amend the Internal Revenue Code of 1986 to repeal 
the excise tax on telephone and other communications; to the Committee 
on Finance.
  Mr. SANTORUM. Mr. President, I rise to introduce the Telephone Excise 
Tax Repeal Act of 2005, a bill that would abolish a tax that is 
severely outdated.
  The telephone excise tax originated on long distance service under 
the Spanish American War Act of 1898. At that time, only the wealthy 
had telephones, the U.S. had no income tax, and the country relied on 
excise taxes to fund the war. However, you would not know the intent of 
this tax by looking at your phone bill. The charge on your phone bill 
doesn't say ``luxury tax'' or ``war tax.'' So why does this tax still 
exist?
  Although created to cover war expenses in 1898, the revenue from the 
telephone excise tax goes into the general receipts of the U.S. 
Treasury and is not earmarked for any particular government function or 
service. From its inception, the federal telephone excise tax was 
repeatedly imposed on a temporary basis. However since 1932, the tax 
has continuously been imposed. This tax has been scheduled to expire--
partially or completely--at least 17 different times. In 1990, and just 
before the tax was set to expire, Congress made the tax permanent at 3 
percent of local and long distance services.
  The Joint Committee on Taxation stated in its January 2005 report 
``there is no compelling policy argument for imposing taxes on 
communications services.'' The Congressional Budget Office took this a 
step further by stating in February 2005 that the tax ``has harmful 
effects on economic policy.''
  Repeal of this tax provides consumers with two main benefits--removal 
of a regressive tax and elimination of an ``invisible tax.'' First, the 
tax is considered a regressive tax because lower-income individuals 
spend a higher percentage of their income on the taxed item than those 
with higher-incomes. A 1987 study by the CBO concluded that excise 
taxes on telephone service had a greater impact on low-income families 
than did excise taxes on alcoholic beverages and tobacco products. 
Studies have shown that individuals and families with income less than 
$10,000 spend almost 10 percent of their income on telephone bills. 
Individuals and families earning $50,000 spend two percent of their 
income for telephone service.
  Second, repeal eliminates this ``invisible'' tax that consumers pay 
through their telephone companies. Because phone companies collect the 
tax from their customers, the government is spared the expense. 
However, this convenience for the government makes the tax 
``invisible'' to consumers by tying it to the payment of their phone 
bills. Additionally, any administrative costs associated with the 
collection of this tax are most likely passed forward to the consumers, 
artificially raising the cost of telecommunications with no benefit 
from the additional taxes.
  Telephone service providers lose as well under the current tax, and 
its repeal would further reduce the cost of telecommunications for 
consumers. Providers carry the administrative costs of being the 
government's tax collector. Additionally, while providers do not bear 
this tax directly, the tax raises the cost of services for consumers 
and in turn reduces both the number of subscribers and the amount of 
services requested.
  Common sense dictates that repeal of the telephone excise tax is long 
overdue. Communication is not a luxury. Rather, communications have 
become part of the basic fabric of our social and economic life. The 
growth of the technologies on which communications rides and the 
widespread use of communications in general should be encouraged and 
not taxed. The telephone tax is a regressive, inequitable, inefficient 
and unnecessary tax that Congressional policy makers have found to 
serve no rational policy purpose. I strongly urge my Senate colleagues 
to join me in supporting the repeal of the telephone excise tax.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Leahy, Mr. Kennedy, and Mr. 
        Feingold):
  S. 1322. A bill to allow for the prosecution of members of criminal 
street gangs, and for other purposes; to the Committee on the 
Judiciary.
  Mr. DURBIN. Mr. President, today, I am joined by Senators Leahy, 
Kennedy, and Feingold in introducing the American Neighborhoods Taking 
the Initiative Guarding Against Neighborhood Gangs (ANTI-GANG) Act, 
which is a comprehensive bill that will help State and local 
prosecutors prevent, investigate, and prosecute gang crimes.
  Gang violence is a serious, nationwide program. The National Youth 
Gang Survey estimated that in 2002 there were 21,500 gangs comprised of 
731,500 members in the United States. The FBI has noted that ``[s]treet 
gangs and other loosely knit groups are responsible for a substantial 
portion of the increase in violent crime in the United States.'' The 
problem is clearly felt in Chicago, IL, where over 40 percent of the 
homicides last year were gang-related. The Chicago Police Department is 
currently tracking 68 identified gangs, with an estimated 68,000 
members.
  I would like to commend the State and local prosecutors and law 
enforcement agencies for their work in fighting this problem. The ANTI-
GANG Act would authorize $862.5 million in grants over the next five 
years to provide them with the tools they need and have

[[Page S7527]]

specifically requested of Congress to combat violent gangs.
  For example, the National District Attorneys Association (NDAA) wrote 
the following: ``We must find new methods of protecting those 
individuals brave enough to come forward as witnesses. Our biggest 
problem is getting the financial help to establish, and run, meaningful 
witness protection programs.'' The National Alliance of Gang 
Investigators (NAGI) also has identified a trend in witness 
intimidation that is ``dramatically affecting the prosecution of 
violent gang offenders.'' The ANTI-GANG Act responds by authorizing 
$300 million over five years for the protection of witnesses and 
victims of gang crimes. This bill also would allow the Attorney General 
to provide for the relocation and protection of witnesses in state 
gang, drug, and homicide cases, and it would allow States to obtain the 
temporary protection of witnesses in State gang cases through the 
Federal witness relocation and protection program, without any 
requirement of reimbursement for those temporary services.
  The ANTI-GANG Act also authorizes $250 million over five years for 
grants to develop gang prevention, research, and intervention services. 
However, these grants should not be limited to those areas already 
identified as ``high intensity'' interstate gang activity areas. The 
NAGI also has identified a trend of gangs migrating from larger cities 
to smaller communities, which is fueled in large part by an increase in 
gang involvement in drug trafficking. This may be related to the spread 
of methamphetamine, which is the fastest-growing drug in the United 
States and, according to Illinois Attorney General Lisa Madigan, the 
``single-greatest threat to rural America today.'' In response to these 
trends, the ANTI-GANG Act would allow rural communities and other 
jurisdictions to apply for these grants, to prevent gang violence from 
occurring in the first place. The ANTI-GANG Act also authorizes $262.5 
million over five years for the cooperative prevention, investigation, 
and prosecution of gang crimes. Most of this funding would be for 
criminal street gang enforcement teams made up of local, State, and 
Federal law enforcement authorities that would investigate and 
prosecute criminal street gangs in high intensity interstate gang 
activity areas (HIIGAAs). Importantly, this bill would allow HIIGAAs to 
be integrated with High Intensity Interstate Drug Trafficking Areas 
(HIIDTAs), to avoid conflicts in those areas where the two entities 
would coexist.

  The ANTI-GANG Act also authorizes $50 million over five years for 
technology, equipment, and training to identify gang members and 
violent offenders and to maintain databases to facilitate coordination 
among law enforcement and prosecutors;
  In addition to these new resources, the ANTI-GANG Act will 
effectively strengthen the ability of prosecutors to prosecute violent 
street gangs, by creating a stronger Federal criminal gang prosecution 
offense. This new offense criminalizes participation in criminal street 
gangs, recruitment and retention of gang members, and witness 
intimidation. At the same time, it responds to concerns raised by the 
NDAA regarding potential conflicts with local investigation and 
prosecution efforts, by requiring certification by the Department of 
Justice before any prosecution under this bill could be undertaken in 
Federal court.
  The ANTI-GANG Act also promotes the recruitment and retention of 
highly-qualified prosecutors and public defenders by establishing a 
student loan forgiveness program modeled after the current program for 
Federal employees. Almost a third of prosecutors' offices across the 
country have problems with recruiting or retaining staff attorneys, and 
low salaries were cited as the primary reason for recruitment and 
retention problems. This proposed loan forgiveness program is supported 
by the American Bar Association, the NDAA, the National Association of 
Prosecutor Coordinators, the National Legal Aid and Defender 
Association, and the American Council of Chief Defenders.
  The ANTI-GANG Act will effectively strengthen the ability of 
prosecutors at the local, State, and Federal level to prosecute violent 
street gangs, and it will give State and local governments the 
resources they need to protect witnesses and prevent youth from joining 
gangs in the first place. This bill achieves these important goals 
without increasing any mandatory minimum sentences, which conservative 
jurists such as Justice Anthony Kennedy have criticized as ``unfair, 
unjust, unwise.'' It also does not unnecessarily expand the Federal 
death penalty--a measure which has been included in other Federal gang 
legislation but is opposed by the Leadership Conference on Civil 
Rights, NAACP, ACLU, and National Association of Criminal Defense 
Lawyers.
  Finally, the Juvenile Justice and Delinquency Prevention Coalition 
has raised the following concerns regarding Federal gang legislation 
that would allow more juveniles to be prosecuted as adults in the 
Federal system: ``[T]he fact remains that transfer of youth to the 
adult system, simply put, is a failed public policy. Comprehensive 
national research on the practice of prosecuting youth in the adult 
system has shown conclusively that transferring youth to the adult 
criminal justice system does nothing to reduce crime and actually has 
the opposite effect. In fact, study after study has shown that youth 
transferred to the adult criminal justice system are more likely to re-
offend and to commit more serious crimes upon release than youth who 
were charged with similar offenses and had similar offense histories 
but remained in the juvenile justice system. Moreover, national data 
show that young people incarcerated with adults are five times as 
likely to report being a victim of rape, twice as likely to be beaten 
by staff and 50 percent more likely to be assaulted with a weapon than 
youth held in juvenile facilities. A Justice Department report also 
found that youth confined in adult facilities are nearly eight times 
more likely to commit suicide than youth in juvenile facilities.''
  In light of these concerns, the ANTI-GANG Act provides Congress with 
the necessary data to decide whether to expand the Federal role in 
prosecuting juvenile offenders, by requiring a comprehensive report on 
the current treatment of juveniles by the States and the capability of 
the Federal criminal justice system to take on these additional cases 
and house additional prisoners. The American Bar Association has 
written that this study is ``the more prudent course of action at this 
time.''
  The ANTI-GANG Act is a comprehensive, common-sense approach to fight 
gang violence. I urge my colleagues to join me in support of this 
important legislation.
  I ask unanimous consent that a summary of the bill be printed in the 
Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

  The American Neighborhoods Taking the Initiative--Guarding Against 
                   Neighborhood Gangs (Anti-Gang) Act


                                Overview

       The American Neighborhoods Taking the Initiative--Guarding 
     Against Neighborhood Gangs (ANTI-GANG) Act of 2005 is a 
     comprehensive, tailored bill that will help State and local 
     prosecutors prevent, investigate, and prosecute gang crimes 
     in their neighborhoods. This bill contains four major 
     provisions:
       (1) It gives State and local prosecutors the tools they 
     need and have specifically requested of Congress to combat 
     violent gangs by authorizing $52.5 million for the 
     cooperative prevention, investigation, and prosecution of 
     gang crimes; $10 million for technology, equipment, and 
     training to identify gang members and violent offenders and 
     to maintain databases to facilitate coordination among law 
     enforcement and prosecutors; $60 million for the protection 
     of witnesses and victims of gang crimes; and $50 million for 
     grants to develop gang prevention, research, and intervention 
     services.
       2. It replaces the current provision on criminal street 
     gangs in Federal law, a seldom-used penalty enhancement, with 
     a stronger measure that criminalizes participation in 
     criminal street gangs, recruitment and retention of gang 
     members, and witness intimidation. The ANTI-GANG Act targets 
     gang violence and gang crimes in a logical, straightforward 
     manner.
       3. It will provide Congress with the necessary data to 
     decide whether to expand the federal role in prosecuting 
     juvenile offenders by requiring a comprehensive report on the 
     current treatment of juveniles by the States and the 
     capability of the Federal criminal justice system to take on 
     these additional cases and house additional prisoners.
       4. It promotes the recruitment and retention of highly-
     qualified prosecutors and public defenders by establishing a 
     student loan

[[Page S7528]]

     forgiveness program modeled after the current program for 
     Federal employees.
       The ANTI-GANG Act will effectively strengthen the ability 
     of prosecutors at the local, State, and Federal level to 
     prosecute violent street gangs, and it will give State and 
     local governments the resources they need to protect 
     witnesses and prevent kids from joining gangs in the first 
     place. This bill achieves these important goals without 
     increasing any mandatory minimum sentences, which 
     conservative jurists such as Justice Anthony Kennedy have 
     criticized as ``unfair, unjust, unwise''. It also respects 
     the traditional principles of federalism, by requiring 
     certification by the Department of Justice before any 
     prosecution under this bill may be undertaken in Federal 
     court and by not unnecessarily expanding the Federal death 
     penalty.


            SECTION-BY-SECTION SUMMARY OF THE ANTI-GANG ACT

     Title I--Criminal Street Gangs
       Sec. 101. Criminal Street Gamgs--Definitions. Defines a 
     criminal gang as a preexisting and ongoing entity, e.g. 
     having already committed crimes; targets violent criminal 
     street gangs by requiring that at least one predicate gang 
     crime be a violent gang crime; establishes evidentiary 
     relevance of gang symbolism in prosecutions; and allows 
     Federal prosecution of neighborhood gang activity when those 
     activities substantially affect interstate commerce.
       Sec. 102. Criminal Street Gangs--Prohibited Acts, 
     Penalties, and Forfeiture. Creates three new Federal crimes 
     to prosecute cases involving violent criminal street gangs. 
     1. It prohibits the recruitment and forced retention of gang 
     members, including harsher penalties if an adult recruits a 
     minor or prevents a minor from leaving a criminal street 
     gang. 2. It prohibits participation in a criminal street gang 
     if done with the intent to further criminal activities of the 
     gang or through the commission of a single predicate gang 
     crime. 3. It prohibits witness intimidation and tampering in 
     cases and investigations related to gang activity. Before the 
     Federal government may undertake a prosecution of these 
     offenses, the Department of Justice must certify that it has 
     consulted with State and local prosecutors before seeking an 
     indictment and that federal prosecution is ``in the public 
     interest and necessary to secure substantial justice.''
       Sec. 103. Clerical Amendments.
       Sec. 104. Conforming Amendments.
       Sec. 105. Designation of and Assistance for ``High 
     Intensity'' Interstate Gang Activity Areas. Requires the 
     Attorney General, after consultation with the governors of 
     appropriate States, to designate certain locations as ``high 
     intensity'' interstate gang activity areas (HIIGAAs) and 
     provide assistance in the form of criminal street gang 
     enforcement teams made up of local, State, and Federal law 
     enforcement authorities to investigate and prosecute criminal 
     street gangs in each designated area. The ANTI-GANG bill also 
     allows for HIIGAAs to be integrated with High Intensity 
     Interstate Drug Trafficking Areas (HIIDTAs), to avoid 
     conflicts and bureaucratic morasses in those areas where the 
     two entities would coexist. Subsection (c) authorizes funding 
     of $40 million for each fiscal year 2006 through 2010.
       Sec. 106. Gang Prevention Grants. Requires the Office of 
     Justice Programs of the Department of Justice to make grants 
     to States, units of local government, tribal governments, and 
     qualified private entities to develop community-based 
     programs that provide crime prevention, research, and 
     intervention services designed for gang members and at-risk 
     youth. Subsection (f) authorizes $50 million for each fiscal 
     year 2006 through 2010. No grant may exceed $1 million nor 
     last for any period longer than 2 years.
       Sec. 107. Gang Prevention Information Grants. Requires the 
     Office of Justice Programs of the Department of Justice to 
     make grants to States, units of local government, tribal 
     governments to fund technology, equipment, and training for 
     state and local sheriffs, police agencies, and prosecutor 
     offices to increase accurate identification of gang members 
     and violent offenders and to maintain databases with such 
     information to facilitate coordination among law enforcement 
     and prosecutors. Subsection (f) authorizes $10 million for 
     each fiscal year 2006 through 2010. No grant may exceed $1 
     million nor last for any period longer than 2 years.
       Sec. 108. Enhancement of Project Safe Neighborhoods 
     Initiative to Improve Enforcement of Criminal Laws Against 
     Violent Gangs. Expands the Project Safe Neighborhood program 
     to require United States Attorneys to identify and prosecute 
     significant gangs within their district; to coordinate such 
     prosecutions among all local, State, and Federal law 
     enforcement agencies; and to coordinate criminal street gang 
     enforcement teams in designated ``high intensity'' interstate 
     gang activity areas. Subsection (b) authorizes the hiring of 
     94 additional Assistant United States Attorneys and funding 
     of $7.5 million for each fiscal year 2006 through 2010 to 
     carry out the provisions of this section.
       Sec. 109. Additional Resources Needed by the Federal Bureau 
     of Investigation to Investigate and Prosecute Violent 
     Criminal Street Gangs. Requires the Federal Bureau of 
     Investigation to increase funding for the Safe Streets 
     Program and to support the criminal street gang enforcement 
     teams in designated high intensity interstate gang activity 
     areas. Subsection (b) authorizes $5 million for each fiscal 
     year 2006 through 2010 to expand the FBI's Safe Streets 
     Program.
       Sec. 110. Expansion of Federal Witness Relocation and 
     Protection Program. Amends 18 U.S.C. 3521(a)(1), which 
     governs the Federal witness relocation and protection 
     program, to make clear that the Attorney General can provide 
     for the relocation and protection of witnesses in State gang, 
     drug, and homicide cases. Current law authorizes Federal 
     relocation and protection for witnesses in State cases 
     involving ``an organized criminal activity or other serious 
     offense.''
       Sec. 111. Grants to States and Local Prosecutors to Protect 
     Witnesses and Victims of Crime. Authorizes the Attorney 
     General to make grants available to State and local 
     prosecutors and the U.S. Attorney for the District of 
     Columbia for the purpose of providing short-term protection 
     to witnesses in cases involving an organized criminal 
     activity, criminal street gang, serious drug offense, 
     homicide, or other serious offense. State and local 
     prosecutors will have the option of either providing the 
     witness protection themselves or contracting with the United 
     States Marshals Service for use of the Federal witness 
     protection and relocation program. Subsection (d) authorizes 
     $60 million for each fiscal year 2006 through 2010 to fund 
     the program. By providing significantly increased resources 
     and flexibility for State and local prosecutors, this 
     provision responds in a meaningful way to the need for 
     effective witness protection emphasized by prosecutors during 
     the September 17, 2003, hearing in the Judiciary Committee.
       Sec. 112. Witness Protection Services. Amends 18 U.S.C. 
     3526 to allow States to obtain the temporary protection of 
     witnesses in State gang cases through the Federal witness 
     relocation and protection program, without any requirement of 
     reimbursement for those temporary services. Currently, 
     complex reimbursement procedures deter State and local 
     prosecutors from obtaining witness protection services from 
     the Federal government in emergency circumstances.
     Title II--Related Matters Involving Violent Crime Prosecution
       Sec. 201. Study on Expanding Federal Authority for Juvenile 
     Offenders. This section requires the General Accounting 
     Office to do a comprehensive report on the advantages and 
     disadvantages of increasing Federal authority for the 
     prosecution of 16- and 17-year-old offenders. Some have 
     proposed indicting and prosecuting more juveniles in Federal 
     courts as a step in combating gang violence. Although there 
     is insufficient data to support this proposition, it is 
     appropriate for the GAO to review the current treatment of 
     such offenders by the States and the capability of the 
     Federal criminal justice system to take on these additional 
     cases and house additional prisoners. With this review, 
     Congress can knowledgeably consider whether to expand the 
     Federal role in prosecuting juveniles.
       Sec. 202. Prosecutors and Defenders Incentive Act. This 
     section establishes a student loan repayment program for 
     prosecutors and public defenders that is modeled after the 
     program currently available to federal employees. This would 
     increase the ability of Federal, State, and local prosecutors 
     and public defenders to recruit and retain highly-qualified 
     attorneys. Attorneys in this program must agree to serve for 
     a minimum of three years. Participants can receive up to 
     $10,000 per year and a total of up to $60,000; these amounts 
     are identical to the limitations in the program for federal 
     employees. Subsection (h) authorizes $25 million for fiscal 
     year 2006 and such sums as may be necessary for each 
     succeeding fiscal year.
  Mr. LEAHY. Mr. President, I am pleased to co-sponsor the introduction 
of the ANTI-Gang Act with my good friends on the Judiciary Committee, 
Senators Durbin, Kennedy and Feingold.
  The American Neighborhoods Taking the Initiative-Guarding Against 
Neighborhood Gangs Act of 2005 is a bill carefully crafted to target 
violent criminal street gangs whose activities extend beyond the 
neighborhood and have a substantial impact on Federal interests.
  As a former county prosecutor, I have long expressed concern about 
making Federal crimes out of every offense that comes to the attention 
of Congress. I know that States have competent and able police 
departments, county sheriffs' offices, prosecutors and judges. Gangs 
are, more often than not, locally-based, geographically-oriented 
criminal associations, and our local communities are on the front lines 
of the fight against gang violence. We should be supplementing the work 
of our State and local law enforcement officers, not usurping them. 
This is why this bill specifically targets only those gangs where there 
is a provable Federal interest. This is why this bill requires 
consultation with our State and local counterparts before embarking on 
a Federal prosecution of historically State crimes. And this is why 
major provisions of the bill are directed toward helping State and 
local law enforcement officers prevent, investigate, and prosecute gang 
crimes in their own neighborhoods.

[[Page S7529]]

  There are four major sections of the bill: first, the bill gives 
State and local prosecutors financial resources to guard against 
neighborhood gangs by authorizing $62.5 million for the cooperative 
prevention, investigation, and prosecution of gang crimes; $50 million 
for grants to develop gang prevention, research, and intervention 
services; and $60 million for the protection of witnesses and victims 
of gang crimes. Federal funds are provided for hiring new Assistant 
U.S. Attorneys and to fund technology, equipment and training grants to 
increase accurate identification of gang members and violent offenders 
and to maintain databases with such information to facilitate state and 
federal coordination.
  The first defense in protecting our youth against gang influence is a 
good offense. I have long thought that programs aimed at combating gang 
activity must incorporate gang prevention and education--programs that 
would examine why our youth choose to associate in gangs and prey on 
others--to be effective. When Senator Hatch appropriately targeted gang 
violence as a subject for a full Judiciary Committee hearing in 2003, 
all agreed that we should be doing more to deter our youth from joining 
gangs in the first place. This bill heeds that call.
  Another unifying theme of the expert witnesses at the Committee's 
hearing was the serious need for Federal assistance in protecting 
witnesses who will provide information about and testify against gangs 
from intimidation. Our bill not only provides funding to help protect 
witnesses, it also makes it a Federal crime to intimidate witnesses in 
certain State prosecutions involving gang activity.
  Second, the bill defines a Federal criminal street gang by using 
well-established legal principles and providing recognizable limits. 
Rather than create yet another cumbersome and broad-reaching Federal 
crime that overlaps with numerous existing Federal statutes, this bill 
actually targets the problem that needs to be addressed: violent 
criminal street gangs. It recognizes that gangs are ongoing entities 
whose members commit crimes more easily simply because of their 
association with one another. Gangs prove the old adage: there is 
safety in numbers. Gang members can be sheep-like in their loyalty and 
allegiance to the gang. In this regard, the bill also explicitly and 
evenhandedly addresses the evidentiary significance of gang symbolism 
in gang prosecutions
  In addition to witness intimidation, other important crimes 
established by this bill include: 1. participation in criminal street 
gangs by any act that is intended to effect the criminal activities of 
the gang; 2. participation by committing a crime in furtherance of or 
for the benefit of the gang, and 3. recruitment and retention of gang 
members. There are increased penalties for those who target minors for 
recruitment in a criminal street gang.
  Third, the bill requires a comprehensive report on the current 
treatment of juveniles by the States, and the capability of the Federal 
criminal justice system to take on these additional cases and house 
additional prisoners, so that Congress can make an informed decision 
about whether or not to expand the Federal role in prosecuting juvenile 
offenders.
  Some have suggested that the Federal Government has been unable to 
proceed effectively against gang crime because of Federal law's 
protections for juvenile offenders. I have not seen sufficient evidence 
to support this claim, but I think that Congressional consideration of 
this issue would benefit greatly from a comprehensive General 
Accounting Office study on this topic. We need to know both whether 
justice would be served by increasing the Federal role, and whether the 
Federal system--including both our prosecutors and the Bureau of 
Prisons--is prepared for such a step.
  Fourth, the bill promotes the recruitment and retention of highly-
qualified State and local prosecutors and public defenders by 
establishing a student loan forgiveness program modeled after the 
current program for Federal employees.
  We have worked very hard in crafting this legislation not to further 
blur the lines between Federal and State law enforcement 
responsibilities or to add more burdens to the FBI as the primary 
Federal investigative agency. Federal law enforcement has been faced 
with a unique challenge since the September 11 attacks. The FBI is no 
longer just an enforcement agency, but also has a critical terrorism 
prevention mission. This mission is a daunting one, and our Federal law 
enforcement resources are not limitless. I, for one, do not want the 
FBI or U.S. Attorneys to focus these limited resources on cases that 
are best handled at the local level.
  Combating gang violence should not be a partisan battle. The tragedy 
of gang violence affects too many. No community can afford to lose a 
single youth to the arms of a waiting gang. No gang should be allowed 
to flourish without consequence in our communities. I urge the Senate's 
support for this important bill.
  Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues 
Senator Durbin, Senator Leahy, and Senator Feingold in introducing this 
important legislation, the ANTI-GANG Act.
  Gang violence is a serious problem in many communities across the 
Nation, and it deserves a serious response by Congress. The keys to 
success include aggressive steps to take guns out of the hands of 
criminal gang members and other violent juvenile offenders, and 
effective prevention programs that discourage gang membership and 
provide realistic alternatives for at-risk youth.
  As one example of what works, I urge my colleagues to consider the 
innovative, cooperative crime-fighting strategy developed in Boston. It 
engaged the entire community, including police and probation officers, 
clergy and community leaders, and even gang members in a united effort 
to reduce gang violence, strengthen after-school prevention programs, 
and take guns out of the hands of juvenile offenders.
  The project also established new and effective channels of 
communication between the police and neighborhood leaders. This 
strategy was very successful--juvenile homicides dropped 80 percent 
from 1990 to 1995. It succeeded without prosecuting more juveniles as 
adults, without housing nonviolent juvenile offenders in adult 
facilities, and without spending large sums of money on new juvenile 
facilities.
  The Massachusetts Legislature's Joint Committee on Public Safety 
issued a report last January which concluded unequivocally that 
successful anti-gang programs depend on a ``wide variety of 
solutions.'' Relying on recommendations by the Office of Juvenile 
Justice and Delinquency Prevention, the report noted that ``preventing 
youth from joining gangs is the most cost-effective long-term 
strategy.'' Reflecting the input from an investigative hearing and a 
working group of ten mayors in metropolitan Boston, the report 
recognized that there is ``no silver bullet for combating gang 
violence.''
  It would be a mistake for Congress to ignore these successful efforts 
to stop gang violence. Since different communities may find different 
ways to combat these difficult issues, the bill does not adopt a one-
size-fits-all approach that will only make the current problem of gang 
violence worse. Instead of ignoring the primary role of State and local 
governments in fighting violent gang crimes in their communities, our 
ANTI-GANG Act strengthens that role, by giving local law enforcement 
and prosecutors the resources they need by authorizing $862 million in 
grants over the next 5 years.
  The provisions in the bill for witness relocation and protection are 
particularly important. Our bill meets this need by authorizing $60 
million in assistance. The urgency of preventing witness intimidation 
in gang-related cases can not be overstated. Effective prosecution of 
such violence depends upon it.
  In addition, our bill amends the current law on Federal witness 
relocation and protection to make clear that the Attorney General can 
use these provisions to protect witnesses in State gang, drug, and 
homicide cases. We also permit States to obtain the temporary 
protection of witnesses in gang cases, without any requirement of 
reimbursement. The current complex reimbursement procedures deter State 
and local prosecutors from obtaining assistance for witness protection 
from the Federal government, even in emergencies.
  The ANTI-GANG Act respects the primary role of State and local 
governments in fighting street crime, but it

[[Page S7530]]

also recognizes that violent gangs can have a substantial impact on 
Federal interests. According to the most recent National Drug Threat 
Assessment, criminal street gangs are responsible for the distribution 
of much of the cocaine, methamphetamine, heroin, and other illegal 
drugs being distributed in communities throughout the United States. 
Such gang activity interferes with lawful commerce and undermines the 
freedom and security of entire communities.
  The Act strengthens the ability of prosecutors at all levels--
Federal, State and local--to prosecute violent street gangs, and it 
does so without increasing mandatory minimum sentences or unnecessarily 
expanding the Federal death penalty to include State murder offenses.
  Finally, the Act encourages the recruitment and retention of highly-
qualified prosecutors and public defenders by establishing a student 
loan forgiveness program modeled on the current program for Federal 
employees. According to the National District Attorneys Association, 
this provision ``would allow prosecutors to relieve the crushing burden 
of student loans that now cause so many young attorneys to abandon 
public service.'' The provision is also strongly supported by the 
National Legal Aid and Defender Association and the American Council of 
Chief Defenders.
  I commend my colleagues for their leadership in developing this 
important legislation to protect American communities from gang 
violence without undermining fundamental principles of fairness and 
Federal-State relations. I urge the Senate to adopt this approach, and 
resist any suggestion that we need to federalize the State and local 
juvenile justice systems in our country.
  Mr. FEINGOLD. Mr. President, I am pleased to support the ANTI-GANG 
Act, introduced today by the Senator from Illinois, Senator Durbin. 
This critical legislation will provide State and Federal law 
enforcement with the tools and resources needed to successfully fight 
the expanding presence of violent gangs that bring drugs like 
methamphetamine into our communities.
  Time and time again, we in Congress have heard the call of 
prosecutors and law enforcement for more resources to combat the 
problem of gang violence. The ANTI-GANG Act gives local prosecutors and 
law enforcement what they have asked Congress for most--targeted 
financial assistance. The bill will help combat the growth and 
proliferation of violent gangs by authorizing funds for the cooperative 
prevention, investigation, and prosecution of gang crimes. In addition, 
grant money will be made available for the protection of witnesses and 
victims of gang violence. These funds will not be tied to restrictive 
formulas that would keep the majority of the assistance from reaching 
suburban and rural communities. This money will be able to go to the 
communities in Wisconsin and the rest of the country where rural and 
smaller law enforcement agencies are financially limited in their 
ability to deal with the exploding increase in gang violence associated 
with methamphetamines and other narcotics.
  The ANTI-GANG Act also promotes hiring and long-term service of 
highly qualified prosecutors and public defenders by establishing a 
student loan forgiveness program. Prosecuting gangs is some of the most 
demanding and challenging work a prosecutor will tackle. Loan 
forgiveness will allow the recruitment of the very best Assistant 
District Attorneys and Assistant Attorneys General and allow them to 
remain in public service longer so they can use their wealth of 
experience to combat gang violence.
  The ANTI-GANG Act also replaces the current Federal RICO statute, 
which was never intended to be used against violent street gangs, with 
a tough statute that not only criminalizes participation in criminal 
street gangs, but also addresses the serious problem of the recruitment 
and retention of gang members. The ANTI-GANG Act targets gang violence 
and gang crimes in a logical, straightforward manner. The bill also 
recognizes that the vast majority of gang investigations and 
prosecutions have been and will continue to be done at the State and 
local level. The bill requires that Federal prosecutors consult with 
State and local law enforcement and certify that a Federal prosecution 
is in the public interest
  Finally, the ANTI-GANG Act will provide Congress with the data 
necessary to decide whether to expand the Federal role in prosecuting 
juvenile offenders by requiring a comprehensive report on the current 
treatment of juveniles by the States and the capability of the Federal 
criminal justice system to take on more juvenile cases and to house 
additional young prisoners. Some have proposed indicting and 
prosecuting more juveniles in Federal courts as a way of combating gang 
violence. It is very hard to know whether this will work, and what 
effect if might have on the criminal justice system. With the review 
required by the ANTI-GANG Act, Congress can intelligently consider 
whether to expand to Federal role in prosecuting juveniles.
  We all know that the gang problem is a serious one, and that it is 
only getting worse. Other members of Congress have proposed different 
approaches to combating the gang problem, and the House of 
Representatives has passed its own gang bill. But the ANTI-GANG Act is 
the approach most responsive to the needs of State and local 
prosecutors who are on the ground fighting this problem, day in and 
day. Other approaches go down the wrong path.
  State and Federal prosecutors have not demanded unchecked and 
increased Federal jurisdiction over State crimes that diminishes the 
States' historic and primary role in fighting violent street gangs. 
They did not come to us seeking new and expanded Federal death penalty 
crimes, but rather effective laws that focus on the recruitment and 
retention of gang members. They never mentioned needing a massive and 
unwarranted reworking of the Federal rules used to prosecute juveniles 
as adults, regardless of whether the juvenile is in a gang or not. And, 
to my knowledge, no prosecutors have put increased mandatory minimums 
targeted at first offenders on their wish list. All of these approaches 
sound tough, but they aren't what prosecutors and law enforcement have 
asked for and they won't solve the gang problem.
  Our citizens should be able to send their children to school, use 
their parks, and walk their streets without fearing that gang violence 
will grow unfettered in their community. The ANTI-GANG Act is an 
important step towards making all of our neighborhoods safe. I am proud 
to cosponsor it and I urge my colleagues to support it.
                                 ______
                                 
      By Mr. STEVENS (for himself and Ms. Murkowski):
  S. 1323. A bill to designate the facility of the United States Postal 
Service located on Lindbald Avenue, Girdwood, Alaska, as the ``Dorothy 
and Connie Hibbs Post Office Building''; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. STEVENS. Mr. President, Dorothy Hibbs came to Girdwood in 1952 
and was its Postmaster from 1954-1976. During this time, the Post 
Office was housed in a two-story hotel called The Little Dipper. Mail 
came into Girdwood via train. The train would slow down and throw the 
sack of mail to Dorothy who would be waiting by the tracks. 
Unfortunately, this building burned down during the 1964 earthquake. 
After the Post Office burned, the operation moved to Dorothy's home 
until another building could be acquired.
  Connie Hibbs began her love for the post office at a young age when 
her mother, Dorothy, was Postmaster of Girdwood. Because of her hard 
work and efforts, Connie became the Girdwood Postmaster in 1979 and 
held that position until 2005.
  Connie came with her mother to Girdwood in 1952 and remained for 52 
years. While her mother was Postmaster, Connie helped in the Post 
Office and at the age of thirteen began making money orders and sorting 
mail. Girdwood and the Post Office have always been a part of Connie's 
life. Connie says she loves Girdwood. It is her town. She spent the 
most wonderful years of her life there as the Postmaster and a ``Post 
Office Kid.''
  Connie and Dorothy believe in the importance of the Postal Service 
and the need to enhance the service in Girdwood. It is only appropriate 
that we honor them by dedicating the Girdwood Post Office after them.
                                 ______
                                 
      By Mr. FRIST (for himself and Mr. Wyden):

[[Page S7531]]

  S. 1324. A bill to reduce and prevent childhood obesity by 
encouraging schools and school districts to develop and implement 
local, school-based programs designed to reduce and prevent childhood 
obesity, promote increased physical activity, and improve nutritional 
choices; to the Committee on Health, Education, Labor, and Pensions.
                                 ______
                                 
      By Mr. FRIST (for himself, Mr. Bingaman, Mr. Dodd, Mrs. Clinton, 
        Ms. Collins, Mr. Alexander, Mr. Lugar, Ms. Murkowski, and Mr. 
        Stevens):
  S. 1325. A bill to establish grants to provide health services for 
improved nutrition, increased physical activity, obesity and eating 
disorder prevention, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. FRIST. Mr. President, obesity ranks among the most serious health 
problems facing America today.
  Since 1970, the percentage of overweight children between 6 and 19 
has quadrupled. Today, nearly one out of three children is overweight 
and about one in six is obese.
  Obese children develop type II diabetes at an alarming rate and they 
can begin puberty as early as age seven. Over 70 percent of obese 
children become overweight or obese adults. And, obesity in adults can 
have catastrophic effects--including heart disease, cancer, and stroke 
at very high rates. The medical profession knows this.
  In the last several weeks, the American Medical Association has 
issued new guidelines for fighting obesity. And earlier this week, a 
group of economists reported that nearly 12 percent of all health care 
spending stems from obesity.
  Obesity threatens our health, it threatens our future. And 
successfully addressing it requires action.
  Dealing with it requires national leadership and community level 
commitment.
  Through continued public education campaigns, we have reduced youth 
smoking. And I'm convinced we can do the same with obesity. That's why 
I'm reintroducing two bills to confront the challenge.
  The first is called the Childhood Obesity Reduction Act: it will give 
the obesity crisis the attention it deserves. I am grateful to my 
colleague Senator Wyden for his work in cosponsoring it.
  The bill has two major components: first, it will establish a bi-
partisan Congressional Council on Childhood Obesity which will evaluate 
plans to fight this health problem and give awards to ``Congressional 
Challenge Winners.''
  Second, it will establish a private, non-profit foundation to fight 
obesity around the country.
  The second bill, the Improved Nutrition and Physical Activity Act of 
2005, or IMPACT, will provide the resources we need to fight obesity 
everywhere in the country.
  This bill, which Senators Bingaman, Dodd, and Clinton have joined me 
in sponsoring, commits us to three policies: first, we'll train more 
health professionals in the problems associated with being overweight 
and ways that they can help Americans fight obesity.
  Second, we will mobilize America's community organizations to fight 
this problem. Through education, outreach, and intervention, schools, 
non-profits, and churches will get the resource they need to fight 
obesity. We will also give States more flexibility to use existing 
grant programs to fight obesity.
  Finally, we will redouble our efforts to collect information about 
obesity's extent, consequences, costs, and the ways we can deal with 
them.
  Obesity stems from a combination of behavior, environment, and 
genetics. We cannot and should not expect any single Federal effort to 
end it. Much of the work in fighting obesity will depend on families 
and communities.
  And both the Childhood Obesity Reduction Act and IMPACT 2005 bill 
will give this crisis the attention . . . and the resources . . . it 
deserves.
  I ask unanimous consent that the text of the bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1324

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Childhood Obesity Reduction 
     Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to the Centers for Disease Control and 
     Prevention, obesity may soon overtake tobacco as the leading 
     preventable cause of death.
       (2) In 1999, 13 percent of children aged 6 to 11 years and 
     14 percent of adolescents aged 12 to 19 years in the United 
     States were overweight. This prevalence has nearly tripled 
     for adolescents in the past 2 decades.
       (3) Risk factors for heart disease, such as high 
     cholesterol and high blood pressure, occur with increased 
     frequency in overweight children and adolescents compared to 
     children with a healthy weight.
       (4) Type 2 diabetes, previously considered an adult 
     disease, has increased dramatically in children and 
     adolescents. Overweight and obesity are closely linked to 
     type 2 diabetes.
       (5) Obesity in children and adolescents is generally caused 
     by a lack of physical activity, unhealthy eating patterns, or 
     a combination of the 2, with genetics and lifestyle both 
     playing important roles in determining a child's weight.
       (6) Overweight adolescents have a 70 percent chance of 
     becoming overweight or obese adults.
       (7) The 2001 report ``The Surgeon General's Call to Action 
     to Prevent and Decrease Overweight and Obesity'' suggested 
     that obesity and its complications were already costing the 
     United States $117,000,000,000 annually.
       (8) Substantial evidence shows that public health risks can 
     be reduced through increased public awareness and community 
     involvement.
       (9) Congress needs to challenge students, teachers, school 
     administrators, and local communities to voluntarily 
     participate in the development and implementation of 
     activities to successfully reduce and prevent childhood 
     obesity.

          TITLE I--CONGRESSIONAL COUNCIL ON CHILDHOOD OBESITY

     SEC. 101. CONGRESSIONAL COUNCIL ON CHILDHOOD OBESITY.

       (a) Establishment of Council.--There is established a 
     ``Congressional Council on Childhood Obesity'' (referred to 
     in this title as the ``Council'').
       (b) Purposes.--The purposes of the Council shall be--
       (1) to encourage every elementary school and middle school 
     in the United States, whether public or private, to develop 
     and implement a plan to reduce and prevent obesity, promote 
     improved nutritional choices, and promote increased physical 
     activity among students; and
       (2) to provide information as necessary to secondary 
     schools.

     SEC. 102. MEMBERSHIP OF THE COUNCIL.

       (a) Composition of the Council.--The Council shall be 
     composed of 8 members as follows:
       (1) The majority leader of the Senate or the designee of 
     the majority leader of the Senate.
       (2) The minority leader of the Senate or the designee of 
     the minority leader of the Senate.
       (3) The Speaker of the House of Representatives or the 
     designee of the Speaker of the House of Representatives.
       (4) The minority leader of the House of Representatives or 
     the designee of the minority leader of the House of 
     Representatives.
       (5) 4 citizen members to be appointed in accordance with 
     subsection (b).
       (b) Appointment of Citizen Council Members.--
       (1) Method of appointment.--For the purpose of subsection 
     (a)(5), each of the 4 members described in paragraphs (1) 
     through (4) of subsection (a) shall appoint to the Council a 
     citizen who is an expert on children's health, nutrition, or 
     physical activity.
       (2) Date of appointment.--The appointments made under 
     paragraph (1) shall be made not later than 120 days after the 
     date of enactment of this Act.
       (c) Vacancies.--Any vacancy in the Council shall not affect 
     its powers, but shall be filled in the manner in which the 
     original appointment was made under subsection (a).
       (d) Chairperson.--The members of the Council shall elect, 
     from among the members of the Council, a Chairperson.
       (e) Initial Meeting.--The Council shall hold its first 
     meeting not later than 120 days after the date of enactment 
     of this Act.

     SEC. 103. RESPONSIBILITIES OF THE COUNCIL.

       (a) In General.--The Council shall engage in the following 
     activities:
       (1) Work with outside experts to develop the Congressional 
     Challenge to Reduce and prevent Childhood Obesity, which 
     shall include the development of model plans to reduce and 
     prevent childhood obesity that can be adopted or adapted by 
     elementary schools or middle schools that participate.
       (2) Develop and maintain a website that is updated not less 
     than once a month on best practices in the United States for 
     reducing and preventing childhood obesity.
       (3) Assist in helping elementary schools and middle schools 
     in establishing goals for the healthy reduction and 
     prevention of childhood obesity.
       (4) Consult and coordinate with the President's Council on 
     Physical Fitness and other Federal Government initiatives 
     conducting activities to reduce and prevent childhood 
     obesity.

[[Page S7532]]

       (5) Reward elementary schools, middle schools, and local 
     educational agencies promoting innovative, successful 
     strategies in reducing and preventing childhood obesity.
       (6) Provide information to secondary schools.
       (b) Congressional Challenge Winners.--
       (1) In general.--The Council shall--
       (A) evaluate plans submitted by elementary schools, middle 
     schools, and local educational agencies under paragraph (2);
       (B) designate the plans submitted under paragraph (2) that 
     meet the criteria under paragraph (3) as Congressional 
     Challenge winners; and
       (C) post the plans of the Congressional Challenge winners 
     designated under subparagraph (B) on the website of the 
     Council as model plans for reducing and preventing childhood 
     obesity.
       (2) Submission of plans.--Each elementary school, middle 
     school, or local educational agency that desires to have the 
     plan to reduce and prevent childhood obesity of such entity 
     designated as a Congressional Challenge winner shall submit 
     to the Council such plan at such time, in such manner, and 
     accompanied by such information as the Council may reasonably 
     require.
       (3) Selection criteria.--
       (A) In general.--The Council shall evaluate plans submitted 
     by elementary schools, middle schools, and local educational 
     agencies under paragraph (2) and shall designate as 
     Congressional Challenge winners the plans that--
       (i) show promise in successfully increasing physical 
     activity, improving nutrition, and reducing and preventing 
     obesity; or
       (ii) have maintained efforts in assisting children in 
     increasing physical activity, improving nutrition, and 
     reducing and preventing obesity.
       (B) Criteria.--The Council shall make the determination 
     under subparagraph (A) based on the following criteria:
       (i) Strategies based on evaluated interventions.
       (ii) The number of children in the community in need of 
     assistance in addressing obesity and the potential impact of 
     the proposed plan.
       (iii) The involvement in the plan of the community served 
     by the school or local educational agency.
       (iv) Other criteria as determined by the Council.
       (c) Meetings.--The Council shall hold not less than 1 
     meeting each year, and all meetings of the Council shall be 
     public meetings, preceded by a publication of notice in the 
     Federal Register.

     SEC. 104. ADMINISTRATIVE MATTERS.

       (a) Pay and Travel Expenses.--
       (1) Prohibition of pay.--Members of the Council shall 
     receive no pay, allowances, or benefits by reason of their 
     service on the Council.
       (2) Travel expenses.--
       (A) Compensation for travel.--Each member of the Council 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Council, to 
     the extent funds are available under subparagraph (B) for 
     such expenses.
       (B) Limit on travel expenses.--Travel expenses under 
     subparagraph (A) shall be appropriated from the amounts 
     appropriated to the legislative branch and shall not exceed 
     $1,000,000.
       (b) Staff.--The Chairperson of the Council may appoint and 
     terminate, as may be necessary to enable the Council to 
     perform its duties, not more than 5 staff personnel, all of 
     whom shall be considered employees of the Senate.

     SEC. 105. TERMINATION OF COUNCIL.

       The Council shall terminate on September 30 of the second 
     full fiscal year following the date of enactment of this Act.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $2,200,000 for each of fiscal years 2006 and 2007.

   TITLE II--NATIONAL FOUNDATION FOR THE PREVENTION AND REDUCTION OF 
                           CHILDHOOD OBESITY

     SEC. 201. ESTABLISHMENT AND DUTIES OF FOUNDATION.

       (a) In General.--There shall be established in accordance 
     with this section a nonprofit private corporation to be known 
     as the National Foundation for the Prevention and Reduction 
     of Childhood Obesity (referred to in this title as the 
     ``Foundation''). The Foundation shall not be an agency or 
     instrumentality of the Federal Government, and officers, 
     employees, and members of the board of the Foundation shall 
     not be officers or employees of the Federal Government.
       (b) Purpose of Foundation.--The purpose of the Foundation 
     shall be to support and carry out activities for the 
     prevention and reduction of childhood obesity through school-
     based activities.
       (c) Endowment Fund.--
       (1) In general.--In carrying out subsection (b), the 
     Foundation shall establish a fund for providing endowments 
     for positions that are associated with the Congressional 
     Council on Childhood Obesity and the Department of Health and 
     Human Services (referred to in this title as the 
     ``Department'') and dedicated to the purpose described in 
     such subsection. Subject to subsection (g)(1)(B), the fund 
     shall consist of such donations as may be provided by non-
     Federal entities and such non-Federal assets of the 
     Foundation (including earnings of the Foundation and the 
     fund) as the Foundation may elect to transfer to the fund.
       (2) Authorized expenditures of fund.--The provision of 
     endowments under paragraph (1) shall be the exclusive 
     function of the fund established under such paragraph. Such 
     endowments may be expended only for the compensation of 
     individuals holding the positions, for staff, equipment, 
     quarters, travel, and other expenditures that are appropriate 
     in supporting the positions, and for recruiting individuals 
     to hold the positions endowed by the fund.
       (d) Certain Activities of Foundation.--In carrying out 
     subsection (b), the Foundation may provide for the following 
     with respect to the purpose described in such subsection:
       (1) Evaluate and make known the effectiveness of model 
     plans used by schools to reduce and prevent childhood 
     obesity.
       (2) Create a website to assist in the distribution of 
     successful plans, best practices, and other information to 
     assist elementary schools, middle schools, and the public to 
     develop and implement efforts to reduce and prevent childhood 
     obesity.
       (3) Participate in meetings, conferences, courses, and 
     training workshops.
       (4) Assist in the distribution of data concerning childhood 
     obesity.
       (5) Make Challenge awards, pursuant to subsection (e), to 
     elementary schools, middle schools, and local educational 
     agencies for the successful development and implementation of 
     school-based plans.
       (6) Other activities to carry out the purpose described in 
     subsection (b).
       (e) Challenge Awards.--
       (1) Program authorized.--The Foundation may provide 
     Challenge awards to elementary schools, middle schools, and 
     local educational agencies that submit applications under 
     paragraph (2).
       (2) Application.--Each elementary school, middle school, or 
     local educational agency that desires to receive a Challenge 
     award under this subsection shall submit an application that 
     includes a plan to reduce and prevent childhood obesity to 
     the Foundation at such time, in such manner, and accompanied 
     by such additional information as the Foundation may 
     reasonably require.
       (3) Selection criteria.--In the program authorized under 
     paragraph (1), the Foundation shall provide Challenge awards 
     based on--
       (A) the success of the plans of the elementary schools, 
     middle schools, and local educational agencies in meeting the 
     plans' stated goals;
       (B) the number of children in the community served by the 
     elementary school, middle school, or local educational agency 
     who are in need of assistance in addressing obesity; and
       (C) other criteria as determined by the Foundation.
       (f) General Structure of Foundation; Nonprofit Status.--
       (1) Board of directors.--The Foundation shall have a board 
     of directors (referred to in this title as the ``Board''), 
     which shall be established and conducted in accordance with 
     subsection (g). The Board shall establish the general 
     policies of the Foundation for carrying out subsection (b), 
     including the establishment of the bylaws of the Foundation.
       (2) Executive director.--The Foundation shall have an 
     executive director (referred to in this title as the 
     ``Director''), who shall be appointed by the Board, who shall 
     serve at the pleasure of the Board, and for whom the Board 
     shall establish the rate of compensation. Subject to 
     compliance with the policies and bylaws established by the 
     Board pursuant to paragraph (1), the Director shall be 
     responsible for the daily operations of the Foundation in 
     carrying out subsection (b).
       (3) Nonprofit status.--In carrying out subsection (b), the 
     Board shall establish such policies and bylaws under 
     paragraph (1), and the Director shall carry out such 
     activities under paragraph (2), as may be necessary to ensure 
     that the Foundation maintains status as an organization 
     that--
       (A) is described in subsection (c)(3) of section 501 of the 
     Internal Revenue Code of 1986; and
       (B) is, under subsection (a) of such section, exempt from 
     taxation.
       (g) Board of Directors.--
       (1) Certain bylaws.--
       (A) Inclusions.--In establishing bylaws under subsection 
     (f)(1), the Board shall ensure that the bylaws of the 
     Foundation include bylaws for the following:
       (i) Policies for the selection of the officers, employees, 
     agents, and contractors of the Foundation.
       (ii) Policies, including ethical standards, for the 
     acceptance and disposition of donations to the Foundation and 
     for the disposition of the assets of the Foundation.
       (iii) Policies for the conduct of the general operations of 
     the Foundation.
       (iv) Policies for writing, editing, printing, and 
     publishing of books and other materials, and the acquisition 
     of patents and licenses for devices and procedures developed 
     by the Foundation.
       (B) Exclusions.--In establishing bylaws under subsection 
     (f)(1), the Board shall ensure that the bylaws of the 
     Foundation (and activities carried out under the bylaws) do 
     not--
       (i) reflect unfavorably upon the ability of the Foundation, 
     or the Department, to carry out its responsibilities or 
     official duties in a fair and objective manner; or

[[Page S7533]]

       (ii) compromise, or appear to compromise, the integrity of 
     any governmental program or any officer or employee involved 
     in such program.
       (2) Composition.--
       (A) In general.--Subject to subparagraph (B), the Board 
     shall be composed of 7 individuals, appointed in accordance 
     with paragraph (4), who collectively possess education or 
     experience appropriate for representing the fields of 
     children's health, nutrition, and physical fitness or 
     organizations active in reducing and preventing childhood 
     obesity. Each such individual shall be a voting member of the 
     Board.
       (B) Greater number.--The Board may, through amendments to 
     the bylaws of the Foundation, provide that the number of 
     members of the Board shall be a greater number than the 
     number specified in subparagraph (A).
       (3) Chairperson.--The Board shall, from among the members 
     of the Board, designate an individual to serve as the 
     Chairperson of the Board (referred to in this subsection as 
     the ``Chairperson'').
       (4) Appointments, vacancies, and terms.--Subject to 
     subsection (k) (regarding the initial membership of the 
     Board), the following shall apply to the Board:
       (A) Any vacancy in the membership of the Board shall be 
     filled by appointment by the Board, after consideration of 
     suggestions made by the Chairperson and the Director 
     regarding the appointments. Any such vacancy shall be filled 
     not later than the expiration of the 180-day period beginning 
     on the date on which the vacancy occurs.
       (B) The term of office of each member of the Board 
     appointed under subparagraph (A) shall be 5 years. A member 
     of the Board may continue to serve after the expiration of 
     the term of the member until the expiration of the 180-day 
     period beginning on the date on which the term of the member 
     expires.
       (C) A vacancy in the membership of the Board shall not 
     affect the power of the Board to carry out the duties of the 
     Board. If a member of the Board does not serve the full term 
     applicable under subparagraph (B), the individual appointed 
     to fill the resulting vacancy shall be appointed for the 
     remainder of the term of the predecessor of the individual.
       (5) Compensation.--Members of the Board may not receive 
     compensation for service on the Board. The members may be 
     reimbursed for travel, subsistence, and other necessary 
     expenses incurred in carrying out the duties of the Board.
       (h) Certain Responsibilities of Executive Director.--In 
     carrying out subsection (f)(2), the Director shall carry out 
     the following functions:
       (1) Hire, promote, compensate, and discharge officers and 
     employees of the Foundation, and define the duties of the 
     officers and employees.
       (2) Accept and administer donations to the Foundation, and 
     administer the assets of the Foundation.
       (3) Establish a process for the selection of candidates for 
     holding endowed positions under subsection (c).
       (4) Enter into such financial agreements as are appropriate 
     in carrying out the activities of the Foundation.
       (5) Take such action as may be necessary to acquire patents 
     and licenses for devices and procedures developed by the 
     Foundation and the employees of the Foundation.
       (6) Adopt, alter, and use a corporate seal, which shall be 
     judicially noticed.
       (7) Commence and respond to judicial proceedings in the 
     name of the Foundation.
       (8) Other functions that are appropriate in the 
     determination of the Director.
       (i) General Provisions.--
       (1) Authority for accepting funds.--The Secretary of Health 
     and Human Services (referred to in this title as the 
     ``Secretary'') may accept and utilize, on behalf of the 
     Federal Government, any gift, donation, bequest, or devise of 
     real or personal property from the Foundation for the purpose 
     of aiding or facilitating the work of the Department. Funds 
     may be accepted and utilized by the Secretary under the 
     preceding sentence without regard to whether the funds are 
     designated as general-purpose funds or special-purpose funds.
       (2) Authority for acceptance of voluntary services.--
       (A) In general.--The Secretary may accept, on behalf of the 
     Federal Government, any voluntary services provided to the 
     Department by the Foundation for the purpose of aiding or 
     facilitating the work of the Department. In the case of an 
     individual, the Secretary may accept the services provided 
     under the preceding sentence by the individual for not more 
     than 2 years.
       (B) Non-federal government employees.--The limitation 
     established in subparagraph (A) regarding the period of time 
     in which services may be accepted applies to each individual 
     who is not an employee of the Federal Government and who 
     serves in association with the Department pursuant to 
     financial support from the Foundation.
       (3) Administrative control.--No officer, employee, or 
     member of the Board may exercise any administrative or 
     managerial control over any Federal employee.
       (4) Applicability of certain standards to non-federal 
     employees.--In the case of any individual who is not an 
     employee of the Federal Government and who serves in 
     association with the Department pursuant to financial support 
     from the Foundation, the Foundation shall negotiate a 
     memorandum of understanding with the individual and the 
     Secretary specifying that the individual--
       (A) shall be subject to the ethical and procedural 
     standards regulating Federal employment, scientific 
     investigation, and research findings (including publications 
     and patents) that are required of individuals employed by the 
     Department, including standards under this Act, the Ethics in 
     Government Act of 1978 (5 U.S.C. App.), and the Federal 
     Technology Transfer Act of 1986 (Public Law 9909502; 100 
     Stat. 1785); and
       (B) shall be subject to such ethical and procedural 
     standards under chapter 11 of title 18, United States Code 
     (relating to conflicts of interest), as the Secretary 
     determines is appropriate, except such memorandum may not 
     provide that the individual shall be subject to the standards 
     of section 209 of such chapter.
       (5) Financial conflicts of interest.--Any individual who is 
     an officer, employee, or member of the Board may not directly 
     or indirectly participate in the consideration or 
     determination by the Foundation of any question affecting--
       (A) any direct or indirect financial interest of the 
     individual; or
       (B) any direct or indirect financial interest of any 
     business organization or other entity of which the individual 
     is an officer or employee or in which the individual has a 
     direct or indirect financial interest.
       (6) Audits; availability of records.--The Foundation 
     shall--
       (A) provide for biennial audits of the financial condition 
     of the Foundation; and
       (B) make such audits, and all other records, documents, and 
     other papers of the Foundation, available to the Secretary 
     and the Comptroller General of the United States for 
     examination or audit.
       (7) Reports.--
       (A) In general.--Not later than February 1 of each fiscal 
     year, the Foundation shall publish a report describing the 
     activities of the Foundation during the preceding fiscal 
     year. Each such report shall include for the fiscal year 
     involved a comprehensive statement of the operations, 
     activities, financial condition, and accomplishments of the 
     Foundation.
       (B) Inclusions.--With respect to the financial condition of 
     the Foundation, each report under subparagraph (A) shall 
     include the source, and a description, of all gifts to the 
     Foundation of real or personal property, and the source and 
     amount of all gifts to the Foundation of money. Each such 
     report shall include a specification of any restrictions on 
     the purposes for which gifts to the Foundation may be used.
       (C) Public inspection.--The Foundation shall make copies of 
     each report submitted under subparagraph (A) available for 
     public inspection, and shall upon request provide a copy of 
     the report to any individual for a charge not exceeding the 
     cost of providing the copy.
       (8) Liaisons.--The Secretary shall appoint liaisons to the 
     Foundation from relevant Federal agencies, including the 
     Office of the Surgeon General and the Centers for Disease 
     Control and Prevention. The Secretary of Agriculture shall 
     designate liaisons to the Foundation as appropriate.
       (9) Inclusion of the president's council.--The Foundation 
     shall ensure that the President's Council on Physical Fitness 
     is included in the activities of the Foundation.
       (j) Federal Funding.--
       (1) Authority for annual grants.--
       (A) In general.--The Secretary shall--
       (i) for fiscal year 2006, make a grant to an entity 
     described in subsection (k)(9) (relating to the establishment 
     of a committee to establish the Foundation);
       (ii) for fiscal years 2007 and 2008, make a grant to the 
     committee established under such subsection, or if the 
     Foundation has been established, to the Foundation; and
       (iii) for fiscal year 2009 and each subsequent fiscal year, 
     make a grant to the Foundation.
       (B) Rules on expenditures.--A grant under subparagraph (A) 
     may be expended--
       (i) in the case of an entity receiving the grant under 
     subparagraph (A)(i), only for the purpose of carrying out the 
     duties established in subsection (k)(9) for the entity;
       (ii) in the case of the committee established under 
     subsection (k)(9), only for the purpose of carrying out the 
     duties established in subsection (k) for the committee; and
       (iii) in the case of the Foundation, only for the purpose 
     of the administrative expenses of the Foundation.
       (C) Restriction.--A grant under subparagraph (A) may not be 
     expended to provide amounts for the fund established under 
     subsection (c).
       (D) Unobligated grant funds.--For the purposes described in 
     subparagraph (B)--
       (i) any portion of the grant made under subparagraph (A)(i) 
     for fiscal year 2006 that remains unobligated after the 
     entity receiving the grant completes the duties established 
     in subsection (k)(9) for the entity shall be available to the 
     committee established under such subsection; and
       (ii) any portion of a grant under subparagraph (A) made for 
     fiscal year 2006 or 2007 that remains unobligated after such 
     committee completes the duties established in such subsection 
     for the committee shall be available to the Foundation.
       (2) Funding for grants.--
       (A) In general.--For the purpose of grants under paragraph 
     (1), there is authorized to be appropriated $2,200,000 for 
     each fiscal year.
       (B) Programs of the department.--For the purpose of grants 
     under paragraph (1),

[[Page S7534]]

     the Secretary may for each fiscal year make available not 
     more than $2,200,000 from the amounts appropriated for the 
     fiscal year for the programs of the Department. Such amounts 
     may be made available without regard to whether amounts have 
     been appropriated under subparagraph (A).
       (3) Certain restriction.--If the Foundation receives 
     Federal funds for the purpose of serving as a fiscal 
     intermediary between Federal agencies, the Foundation may not 
     receive such funds for the indirect costs of carrying out 
     such purpose in an amount exceeding 10 percent of the direct 
     costs of carrying out such purpose. The preceding sentence 
     may not be construed as authorizing the expenditure of any 
     grant under paragraph (1) for such purpose.
       (k) Committee for Establishment of Foundation.--
       (1) In general.--There shall be established, in accordance 
     with this subsection and subsection (j)(1), a committee to 
     carry out the functions described in paragraph (2) (referred 
     to in this subsection as the ``Committee'').
       (2) Functions.--The functions referred to in paragraph (1) 
     for the Committee are as follows:
       (A) To carry out such activities as may be necessary to 
     incorporate the Foundation under the laws of the State 
     involved, including serving as incorporators for the 
     Foundation. Such activities shall include ensuring that the 
     articles of incorporation for the Foundation require that the 
     Foundation be established and operated in accordance with the 
     applicable provisions of this title (or any successor to this 
     title), including such provisions as may be in effect 
     pursuant to amendments enacted after the date of enactment of 
     this Act.
       (B) To ensure that the Foundation qualifies for and 
     maintains the status described in subsection (f)(3) 
     (regarding taxation).
       (C) To establish the general policies and initial bylaws of 
     the Foundation, which bylaws shall include the bylaws 
     described in subsections (f)(3) and (g)(1).
       (D) To provide for the initial operation of the Foundation, 
     including providing for quarters, equipment, and staff.
       (E) To appoint the initial members of the Board in 
     accordance with the requirements established in subsection 
     (g)(2)(A) for the composition of the Board, and in accordance 
     with such other qualifications as the Committee may determine 
     to be appropriate regarding such composition. Of the members 
     so appointed--
       (i) 2 shall be appointed to serve for a term of 3 years;
       (ii) 2 shall be appointed to serve for a term of 4 years; 
     and
       (iii) 3 shall be appointed to serve for a term of 5 years.
       (3) Completion of functions of committee; initial meeting 
     of board.--
       (A) Completion of functions.--The Committee shall complete 
     the functions required in paragraph (1) not later than 
     September 30, 2008. The Committee shall terminate upon the 
     expiration of the 30-day period beginning on the date on 
     which the Secretary determines that the functions have been 
     completed.
       (B) Initial meeting.--The initial meeting of the Board 
     shall be held not later than November 1, 2008.
       (4) Composition.--The Committee shall be composed of 5 
     members, each of whom shall be a voting member. Of the 
     members of the Committee--
       (A) no fewer than 2 of the members shall have expertise in 
     children's health, nutrition, and physical activity; and
       (B) no fewer than 2 of the members shall have broad, 
     general experience in nonprofit private organizations 
     (without regard to whether the individuals have experience in 
     children's health, nutrition, and physical activity).
       (5) Chairperson.--The Committee shall, from among the 
     members of the Committee, designate an individual to serve as 
     the Chairperson of the Committee.
       (6) Terms; vacancies.--The term of members of the Committee 
     shall be for the duration of the Committee. A vacancy in the 
     membership of the Committee shall not affect the power of the 
     Committee to carry out the duties of the Committee. If a 
     member of the Committee does not serve the full term, the 
     individual appointed by the Secretary to fill the resulting 
     vacancy shall be appointed for the remainder of the term of 
     the predecessor of the individual.
       (7) Compensation.--Members of the Committee may not receive 
     compensation for service on the Committee. Members of the 
     Committee may be reimbursed for travel, subsistence, and 
     other necessary expenses incurred in carrying out the duties 
     of the Committee.
       (8) Committee support.--The Secretary may, from amounts 
     available to the Secretary for the general administration of 
     the Department, provide staff and financial support to assist 
     the Committee with carrying out the functions described in 
     paragraph (2). In providing such staff and support, the 
     Director may both detail employees and contract for 
     assistance.
       (9) Grant for establishment of committee.--
       (A) In general.--With respect to a grant under paragraph 
     (1)(A)(i) of subsection (j) for fiscal year 2006, an entity 
     described in this paragraph is a private nonprofit entity 
     with significant experience in children's health, nutrition, 
     and physical activity. Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall make the grant 
     to such an entity (subject to the availability of funds under 
     paragraph (2) of such subsection).
       (B) Conditions.--The grant referred to in subparagraph (A) 
     may be made to an entity only if the entity agrees that--
       (i) the entity will establish a committee that is composed 
     in accordance with paragraph (4); and
       (ii) the entity will not select an individual for 
     membership on the Committee unless the individual agrees that 
     the Committee will operate in accordance with each of the 
     provisions of this subsection that relate to the operation of 
     the Committee.
       (C) Agreement.--The Secretary may make a grant referred to 
     in subparagraph (A) only if the applicant for the grant makes 
     an agreement that the grant will not be expended for any 
     purpose other than carrying out subparagraph (B). Such a 
     grant may be made only if an application for the grant is 
     submitted to the Secretary containing such agreement, and the 
     application is in such form, is made in such manner, and 
     contains such other agreements and such assurances and 
     information as the Secretary determines to be necessary to 
     carry out this paragraph.

                                S. 1325

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improved Nutrition and 
     Physical Activity Act'' or the ``IMPACT Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) In July 2004, the Secretary of Health and Human Service 
     recognized ``obesity is a critical public health problem in 
     our country'' and under the medicare program language was 
     removed from the coverage manual stating that obesity is not 
     an illness.
       (2) The National Health and Nutrition Examination Survey 
     for 2002 found that an estimated 65 percent of adults are 
     overweight and 31 percent of adults are obese and 16 percent 
     of children and adolescents in the United States are 
     overweight or obese.
       (3) The Institute of Medicine reported in ``Preventing 
     Childhood Obesity'' (2004) that approximately 60 percent of 
     obese children between 5 and 10 years of age have at least 
     one cardiovascular disease risk factor and 25 percent have 
     two or more such risk factors.
       (4) The Institute of Medicine reports that the prevalence 
     of overweight and obesity is increasing among all age groups. 
     There is twice the number of overweight children between 2 
     and 5 years of age and adolescents between 12 and 19 years of 
     age, and 3 times the number of children between 6 and 11 
     years of age as there were 30 years ago.
       (5) According to the 2004 Institute of Medicine report, 
     obesity-associated annual hospital costs for children and 
     youth more than tripled over 2 decades, rising from 
     $35,000,000 in the period 1979 through 1981 to $127,000,000 
     in the period 1997 through 1999.
       (6) The Centers for Disease Control and Prevention reports 
     have estimated that as many as 365,000 deaths a year are 
     associated with being overweight or obese. Overweight and 
     obesity are associated with an increased risk for heart 
     disease (the leading cause of death), cancer (the second 
     leading cause of death), diabetes (the 6th leading cause of 
     death), and musculoskeletal disorders.
       (7) According to the National Institute of Diabetes and 
     Digestive and Kidney Diseases, individuals who are obese have 
     a 50 to 100 percent increased risk of premature death.
       (8) The Healthy People 2010 goals identify overweight and 
     obesity as one of the Nation's leading health problems and 
     include objectives for increasing the proportion of adults 
     who are at a healthy weight, reducing the proportion of 
     adults who are obese, and reducing the proportion of children 
     and adolescents who are overweight or obese.
       (9) Another goal of Healthy People 2010 is to eliminate 
     health disparities among different segments of the 
     population. Obesity is a health problem that 
     disproportionally impacts medically underserved populations.
       (10) The 2005 Surgeon General's report ``The Year of the 
     Healthy Child'' lists the treatment and prevention of obesity 
     as a national priority.
       (11) The Institute of Medicine report ``Preventing 
     Childhood Obesity'' (2004) finds that ``childhood obesity is 
     a serious nationwide health problem requiring urgent 
     attention and a population-based prevention approach . . .''.
       (12) The Centers for Disease Control and Prevention 
     estimates the annual expenditures related to overweight and 
     obesity in adults in the United States to be $264,000,000,000 
     (exceeding the cost of tobacco-related illnesses) and appears 
     to be rising dramatically. This cost can potentially escalate 
     markedly as obesity rates continue to rise and the medical 
     complications of obesity are emerging at even younger ages. 
     Therefore, the total disease burden will most likely 
     increase, as well as the attendant health-related costs.
       (13) Weight control programs should promote a healthy 
     lifestyle including regular physical activity and healthy 
     eating, as consistently discussed and identified in a variety 
     of public and private consensus documents, including the 2001 
     U.S. Surgeon General's report ``A Call To Action'' and other 
     documents prepared by the Department of Health and Human 
     Services and other agencies.

[[Page S7535]]

       (14) The Institute of Medicine reports that poor eating 
     habits are a risk factor for the development of eating 
     disorders and obesity. In 2002, more than 35,000,000 
     Americans experienced limited access to nutritious food on a 
     regular basis. The availability of high-calorie, low nutrient 
     foods have increased in low-income neighborhoods due to many 
     factors.
       (15) Effective interventions for promoting healthy eating 
     behaviors should promote healthy lifestyle and not 
     inadvertently promote unhealthy weight management techniques.
       (16) The National Institutes of Health reports that eating 
     disorders are commonly associated with substantial 
     psychological problems, including depression, substance 
     abuse, and suicide.
       (17) The National Association of Anorexia Nervosa and 
     Associated Disorders estimates there are 8,000,000 Americans 
     experience eating disorders. Eating disorders of all types 
     are more common in women than men
       (18) The health risks of Binge Eating Disorder are those 
     associated with obesity and include heart disease, gall 
     bladder disease, and diabetes.
       (19) According to the National Institute of Mental Health, 
     Binge Eating Disorder is characterized by frequent episodes 
     of uncontrolled overeating, with an estimated 2 to 5 percent 
     of Americans experiencing this disorder in a 6-month period.
       (20) Additionally, the National Institute of Mental Health 
     reports that Anorexia Nervosa, an eating disorder from which 
     0.5 to 3.7 percent of American women will suffer in their 
     lifetime, is associated with serious health consequences 
     including heart failure, kidney failure, osteoporosis, and 
     death. According to the National Institute of Mental Health, 
     Anorexia Nervosa has one of the highest mortality rates of 
     all psychiatric disorders, placing a young woman with 
     Anorexia Nervosa at 12 times the risk of death of other women 
     her age.
       (21) In 2001, the National Institute of Mental Health 
     reported that 1.1 to 4.2 percent of American women will 
     suffer from Bulimia Nervosa in their lifetime. Bulimia 
     Nervosa is an eating disorder that is associated with 
     cardiac, gastrointestinal, and dental problems, including 
     irregular heartbeats, gastric ruptures, peptic ulcers, and 
     tooth decay.
       (22) On the 2003 Youth Risk Behavior Survey, 6 percent of 
     high school students reported recent use of laxatives or 
     vomiting to control their weight.

                        TITLE I--TRAINING GRANTS

     SEC. 101. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSION 
                   STUDENTS.

       Section 747(c)(3) of the Public Health Service Act (42 
     U.S.C. 293k(c)(3)) is amended by striking ``and victims of 
     domestic violence'' and inserting ``victims of domestic 
     violence, individuals (including children) who are overweight 
     or obese (as such terms are defined in section 399W(j)) and 
     at risk for related serious and chronic medical conditions, 
     and individuals who suffer from eating disorders''.

     SEC. 102. GRANTS TO PROVIDE TRAINING FOR HEALTH 
                   PROFESSIONALS.

       Section 399Z of the Public Health Service Act (42 U.S.C. 
     280h-93) is amended--
       (1) in subsection (b), by striking ``2005'' and inserting 
     ``2007'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Grants.--
       ``(1) In general.--The Secretary may award grants to 
     eligible entities to train primary care physicians and other 
     licensed or certified health professionals on how to 
     identify, treat, and prevent obesity or eating disorders and 
     aid individuals who are overweight, obese, or who suffer from 
     eating disorders.
       ``(2) Application.--An entity that desires a grant under 
     this subsection shall submit an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require, including a plan for the use of funds that may 
     be awarded and an evaluation of the training that will be 
     provided.
       ``(3) Use of funds.--An entity that receives a grant under 
     this subsection shall use the funds made available through 
     such grant to--
       ``(A) use evidence-based findings or recommendations that 
     pertain to the prevention and treatment of obesity, being 
     overweight, and eating disorders to conduct educational 
     conferences, including Internet-based courses and 
     teleconferences, on--
       ``(i) how to treat or prevent obesity, being overweight, 
     and eating disorders;
       ``(ii) the link between obesity, being overweight, eating 
     disorders and related serious and chronic medical conditions;
       ``(iii) how to discuss varied strategies with patients from 
     at-risk and diverse populations to promote positive behavior 
     change and healthy lifestyles to avoid obesity, being 
     overweight, and eating disorders;
       ``(iv) how to identify overweight, obese, individuals with 
     eating disorders, and those who are at risk for obesity and 
     being overweight or suffer from eating disorders and, 
     therefore, at risk for related serious and chronic medical 
     conditions;
       ``(v) how to conduct a comprehensive assessment of 
     individual and familial health risk factors; and
       ``(B) evaluate the effectiveness of the training provided 
     by such entity in increasing knowledge and changing attitudes 
     and behaviors of trainees.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     $10,000,000 for fiscal year 2006, and such sums as may be 
     necessary for each of fiscal years 2007 through 2010.''.

  TITLE II--COMMUNITY-BASED SOLUTIONS TO INCREASE PHYSICAL ACTIVITY, 
        IMPROVE NUTRITION, AND PROMOTE HEALTHY EATING BEHAVIORS

     SEC. 201. GRANTS TO INCREASE PHYSICAL ACTIVITY, IMPROVE 
                   NUTRITION, AND PROMOTE HEALTHY EATING 
                   BEHAVIORS.

       Part Q of title III of the Public Health Service Act (42 
     U.S.C. 280h et seq.) is amended by striking section 399W and 
     inserting the following:

     ``SEC. 399W. GRANTS TO INCREASE PHYSICAL ACTIVITY, IMPROVE 
                   NUTRITION, AND PROMOTE HEALTHY EATING 
                   BEHAVIORS.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention 
     and in coordination with the Administrator of the Health 
     Resources and Services Administration, the Director of the 
     Indian Health Service, the Secretary of Education, the 
     Secretary of Agriculture, the Secretary of the Interior, the 
     Director of the National Institutes of Health, the Director 
     of the Office of Women's Health, and the heads of other 
     appropriate agencies, shall award competitive grants to 
     eligible entities to plan and implement programs that promote 
     healthy eating behaviors and physical activity to prevent 
     eating disorders, obesity, being overweight, and related 
     serious and chronic medical conditions. Such grants may be 
     awarded to target at-risk populations including youth, 
     adolescent girls, health disparity populations (as defined in 
     section 485E(d)), and the underserved.
       ``(2) Term.--The Secretary shall award grants under this 
     subsection for a period not to exceed 4 years.
       ``(b) Award of Grants.--An eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including--
       ``(1) a plan describing a comprehensive program of 
     approaches to encourage healthy eating behaviors and healthy 
     levels of physical activity;
       ``(2) the manner in which the eligible entity will 
     coordinate with appropriate State and local authorities, 
     including--
       ``(A) State and local educational agencies;
       ``(B) departments of health;
       ``(C) chronic disease directors;
       ``(D) State directors of programs under section 17 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1786);
       ``(E) governors' councils for physical activity and good 
     nutrition;
       ``(F) State and local parks and recreation departments; and
       ``(G) State and local departments of transportation and 
     city planning; and
       ``(3) the manner in which the applicant will evaluate the 
     effectiveness of the program carried out under this section.
       ``(c) Coordination.--In awarding grants under this section, 
     the Secretary shall ensure that the proposed programs are 
     coordinated in substance and format with programs currently 
     funded through other Federal agencies and operating within 
     the community including the Physical Education Program (PEP) 
     of the Department of Education.
       ``(d) Eligible Entity.--In this section, the term `eligible 
     entity' means--
       ``(1) a city, county, tribe, territory, or State;
       ``(2) a State educational agency;
       ``(3) a tribal educational agency;
       ``(4) a local educational agency;
       ``(5) a federally qualified health center (as defined in 
     section 1861(aa)(4) of the Social Security Act (42 U.S.C. 
     1395x(aa)(4));
       ``(6) a rural health clinic;
       ``(7) a health department;
       ``(8) an Indian Health Service hospital or clinic;
       ``(9) an Indian tribal health facility;
       ``(10) an urban Indian facility;
       ``(11) any health provider;
       ``(12) an accredited university or college;
       ``(13) a community-based organization;
       ``(14) a local city planning agency; or
       ``(15) any other entity determined appropriate by the 
     Secretary.
       ``(e) Use of Funds.--An eligible entity that receives a 
     grant under this section shall use the funds made available 
     through the grant to--
       ``(1) carry out community-based activities including--
       ``(A) city planning, transportation initiatives, and 
     environmental changes that help promote physical activity, 
     such as increasing the use of walking or bicycling as a mode 
     of transportation;
       ``(B) forming partnerships and activities with businesses 
     and other entities to increase physical activity levels and 
     promote healthy eating behaviors at the workplace and while 
     traveling to and from the workplace;
       ``(C) forming partnerships with entities, including 
     schools, faith-based entities, and other facilities providing 
     recreational services, to establish programs that use their 
     facilities for after school and weekend community activities;

[[Page S7536]]

       ``(D) establishing incentives for retail food stores, 
     farmer's markets, food co-ops, grocery stores, and other 
     retail food outlets that offer nutritious foods to encourage 
     such stores and outlets to locate in economically depressed 
     areas;
       ``(E) forming partnerships with senior centers, nursing 
     facilities, retirement communities, and assisted living 
     facilities to establish programs for older people to foster 
     physical activity and healthy eating behaviors;
       ``(F) forming partnerships with daycare facilities to 
     establish programs that promote healthy eating behaviors and 
     physical activity; and
       ``(G) developing and evaluating community educational 
     activities targeting good nutrition and promoting healthy 
     eating behaviors;
       ``(2) carry out age-appropriate school-based activities 
     including--
       ``(A) developing and testing educational curricula and 
     intervention programs designed to promote healthy eating 
     behaviors and habits in youth, which may include--
       ``(i) after hours physical activity programs;
       ``(ii) increasing opportunities for students to make 
     informed choices regarding healthy eating behaviors; and
       ``(iii) science-based interventions with multiple 
     components to prevent eating disorders including nutritional 
     content, understanding and responding to hunger and satiety, 
     positive body image development, positive self-esteem 
     development, and learning life skills (such as stress 
     management, communication skills, problem-solving and 
     decisionmaking skills), as well as consideration of cultural 
     and developmental issues, and the role of family, school, and 
     community;
       ``(B) providing education and training to educational 
     professionals regarding a healthy lifestyle and a healthy 
     school environment;
       ``(C) planning and implementing a healthy lifestyle 
     curriculum or program with an emphasis on healthy eating 
     behaviors and physical activity; and
       ``(D) planning and implementing healthy lifestyle classes 
     or programs for parents or guardians, with an emphasis on 
     healthy eating behaviors and physical activity;
       ``(3) carry out activities through the local health care 
     delivery systems including--
       ``(A) promoting healthy eating behaviors and physical 
     activity services to treat or prevent eating disorders, being 
     overweight, and obesity;
       ``(B) providing patient education and counseling to 
     increase physical activity and promote healthy eating 
     behaviors; and
       ``(C) providing community education on good nutrition and 
     physical activity to develop a better understanding of the 
     relationship between diet, physical activity, and eating 
     disorders, obesity, or being overweight; or
       ``(4) other activities determined appropriate by the 
     Secretary (including evaluation or identification and 
     dissemination of outcomes and best practices).
       ``(f) Matching Funds.--In awarding grants under subsection 
     (a), the Secretary may give priority to eligible entities who 
     provide matching contributions. Such non-Federal 
     contributions may be cash or in kind, fairly evaluated, 
     including plant, equipment, or services.
       ``(g) Technical Assistance.--The Secretary may set aside an 
     amount not to exceed 10 percent of the total amount 
     appropriated for a fiscal year under subsection (k) to permit 
     the Director of the Centers for Disease Control and 
     Prevention to provide grantees with technical support in the 
     development, implementation, and evaluation of programs under 
     this section and to disseminate information about effective 
     strategies and interventions in preventing and treating 
     obesity and eating disorders through the promotion of healthy 
     eating behaviors and physical activity.
       ``(h) Limitation on Administrative Costs.--An eligible 
     entity awarded a grant under this section may not use more 
     than 10 percent of funds awarded under such grant for 
     administrative expenses.
       ``(i) Report.--Not later than 6 years after the date of 
     enactment of the Improved Nutrition and Physical Activity 
     Act, the Director of the Centers for Disease Control and 
     Prevention shall review the results of the grants awarded 
     under this section and other related research and identify 
     programs that have demonstrated effectiveness in promoting 
     healthy eating behaviors and physical activity in youth. Such 
     review shall include an identification of model curricula, 
     best practices, and lessons learned, as well as 
     recommendations for next steps to reduce overweight, obesity, 
     and eating disorders. Information derived from such review, 
     including model program curricula, shall be disseminated to 
     the public.
       ``(j) Definitions.--In this section:
       ``(1) Anorexia nervosa.--The term `Anorexia Nervosa' means 
     an eating disorder characterized by self-starvation and 
     excessive weight loss.
       ``(2) Binge eating disorder.--The term `binge eating 
     disorder' means a disorder characterized by frequent episodes 
     of uncontrolled eating.
       ``(3) Bulimia nervosa.--The term `Bulimia Nervosa' means an 
     eating disorder characterized by excessive food consumption, 
     followed by inappropriate compensatory behaviors, such as 
     self-induced vomiting, misuse of laxatives, fasting, or 
     excessive exercise.
       ``(4) Eating disorders.--The term `eating disorders' means 
     disorders of eating, including Anorexia Nervosa, Bulimia 
     Nervosa, and binge eating disorder.
       ``(5) Healthy eating behaviors.--The term `healthy eating 
     behaviors' means--
       ``(A) eating in quantities adequate to meet, but not in 
     excess of, daily energy needs;
       ``(B) choosing foods to promote health and prevent disease;
       ``(C) eating comfortably in social environments that 
     promote healthy relationships with family, peers, and 
     community; and
       ``(D) eating in a manner to acknowledge internal signals of 
     hunger and satiety.
       ``(6) Obese.--The term `obese' means an adult with a Body 
     Mass Index (BMI) of 30 kg/m2 or greater.
       ``(7) Overweight.--The term `overweight' means an adult 
     with a Body Mass Index (BMI) of 25 to 29.9 kg/m2 and a child 
     or adolescent with a BMI at or above the 95th percentile on 
     the revised Centers for Disease Control and Prevention growth 
     charts or another appropriate childhood definition, as 
     defined by the Secretary.
       ``(8) Youth.--The term `youth' means individuals not more 
     than 18 years old.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $60,000,000 for fiscal year 2006 and such sums as may be 
     necessary for each of fiscal years 2007 through 2010. Of the 
     funds appropriated pursuant to this subsection, the following 
     amounts shall be set aside for activities related to eating 
     disorders:
       ``(1) $5,000,000 for fiscal year 2006.
       ``(2) $5,500,000 for fiscal year 2007.
       ``(3) $6,000,000 for fiscal year 2008.
       ``(4) $6,500,000 for fiscal year 2009.
       ``(5) $1,000,000 for fiscal year 2010.''.

     SEC. 202. NATIONAL CENTER FOR HEALTH STATISTICS.

       Section 306 of the Public Health Service Act (42 U.S.C. 
     242k) is amended--
       (1) in subsection (m)(4)(B), by striking ``subsection (n)'' 
     each place it appears and inserting ``subsection (o)'';
       (2) by redesignating subsection (n) as subsection (o); and
       (3) by inserting after subsection (m) the following:
       ``(n)(1) The Secretary, acting through the Center, may 
     provide for the--
       ``(A) collection of data for determining the fitness levels 
     and energy expenditure of children and youth; and
       ``(B) analysis of data collected as part of the National 
     Health and Nutrition Examination Survey and other data 
     sources.
       ``(2) In carrying out paragraph (1), the Secretary, acting 
     through the Center, may make grants to States, public 
     entities, and nonprofit entities.
       ``(3) The Secretary, acting through the Center, may provide 
     technical assistance, standards, and methodologies to 
     grantees supported by this subsection in order to maximize 
     the data quality and comparability with other studies.''.

     SEC. 203. HEALTH DISPARITIES REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, and annually thereafter, the Director of the Agency 
     for Healthcare Research and Quality shall review all research 
     that results from the activities carried out under this Act 
     (and the amendments made by this Act) and determine if 
     particular information may be important to the report on 
     health disparities required by section 903(c)(3) of the 
     Public Health Service Act (42 U.S.C. 299a-91(c)(3)).

     SEC. 204. PREVENTIVE HEALTH SERVICES BLOCK GRANT.

       Section 1904(a)(1) of the Public Health Service Act (42 
     U.S.C. 300w-93(a)(1)) is amended by adding at the end the 
     following:
       ``(H) Activities and community education programs designed 
     to address and prevent overweight, obesity, and eating 
     disorders through effective programs to promote healthy 
     eating, and exercise habits and behaviors.''.

     SEC. 205. REPORT ON OBESITY AND EATING DISORDERS RESEARCH.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report on 
     research conducted on causes and health implications 
     (including mental health implications) of being overweight, 
     obesity, and eating disorders.
       (b) Content.--The report described in subsection (a) shall 
     contain--
       (1) descriptions on the status of relevant, current, 
     ongoing research being conducted in the Department of Health 
     and Human Services including research at the National 
     Institutes of Health, the Centers for Disease Control and 
     Prevention, the Agency for Healthcare Research and Quality, 
     the Health Resources and Services Administration, and other 
     offices and agencies;
       (2) information about what these studies have shown 
     regarding the causes, prevention, and treatment of, being 
     overweight, obesity, and eating disorders; and
       (3) recommendations on further research that is needed, 
     including research among diverse populations, the plan of the 
     Department of Health and Human Services for conducting such 
     research, and how current knowledge can be disseminated.

     SEC. 206. REPORT ON A NATIONAL CAMPAIGN TO CHANGE CHILDREN'S 
                   HEALTH BEHAVIORS AND REDUCE OBESITY.

       Section 399Y of the Public Health Service Act (42 U.S.C. 
     280h-92) is amended--

[[Page S7537]]

       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Report.--The Secretary shall evaluate the 
     effectiveness of the campaign described in subsection (a) in 
     changing children's behaviors and reducing obesity and shall 
     report such results to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives.''.
  Mr. WYDEN. Mr. President, across this country, on couches in front of 
televisions and video game consoles, a silent killer called obesity is 
stalking America's youngsters--in epidemic numbers. Today, Senator 
Frist and I are introducing a bipartisan bill, ``The Childhood Obesity 
Reduction Act'', to jump-start a nationwide, community-based campaign 
against this menace and help our children grow up healthy.
  In my home State of Oregon, obesity may well become the number-two 
killer of our citizens--after tobacco, also the number-one killer 
nationally. According to the Oregon Department of Human Services, fully 
22 percent of the adults in Oregon are obese and 60 percent are 
overweight. Even more tragic, and why we are here today, is that U.S. 
Centers for Disease Control and Prevention (CDC) says at least 31 
percent of low income children between two and five years of age in 
Oregon are overweight or at risk of becoming overweight. A lot of those 
overweight kids are going to become overweight and obese adults if we 
just sit on our hands today. Our children are beginning to show signs 
of devastating diseases that will only lead to a life-long illnesses 
and increased health care costs. And no statistic can measure the 
emotional toll that illness takes on a child, their families and others 
who love them.
  The Frist-Wyden legislation, ``The Childhood Obesity Reduction Act'', 
will work to turn the tide against childhood obesity in two ways. 
First, it will give teachers, parents and other community leaders a 
one-stop shop to fight obesity. The Congressional council created by 
this bill will launch a comprehensive website to help everyone from 
Physical Education teachers to scout leaders learn what's working in 
schools and public-private programs. It will also offer information 
about how to connect with those successful programs and how to adapt 
them in their own schools.
  For example, when a teacher wants to see what can be done to help 
kids get 30 minutes of activity, something that studies have shown 
helps to combat childhood obesity, that teacher could go to the website 
and see what others in a similar situation have done. They would be 
able to see there are partners like Nike who are willing to step up to 
the plate and help with programs. But that teacher might also see that 
physical activity is only one part of the solution and they might find 
ways to bring in the nutritional aspect as well through other programs 
that have already proven successful.
  The website will also offer help in establishing goals for cutting 
childhood obesity at that school or in that community--and all these 
plans will have been evaluated by outside experts for their 
effectiveness.
  Second, after two years, the Congressional council turns the work 
over to a brand-new foundation. The foundation will keep the one-stop 
website up and running. But at the same time, they'll be able to raise 
money, and use it to reward programs that work and fund programs that 
are sorely needed where childhood obesity threatens most.
  Here's an example of how the second component of our bill would work: 
say an urban school wants to work on getting kids to choose vegetables 
instead of French fries. When they visit the Web site, they may find a 
successful program about actually growing fresh vegetables--so they 
don't think vegetables just come from a freezer or a can. The 
Foundation will have the wherewithal to do more than just share that 
information--they may be able to provide the seed money, literally, for 
a school garden that will grow fresh produce, and change the way those 
children look at food.
  It is not realistic to think that children won't be in a situation 
where unhealthy choices for foods and snacks are available. The goal 
ought to be to help them know what the healthy choices are, how to 
balance what they eat and drink and to know that they need exercise. 
And the Foundation can keep pursuing those goals for the long term.
  I believe that our bipartisan bill is significant for two reasons. 
First, it emphasizes both sides of the equation--the need for proper 
nutrition and the need for physical activity. Second, it and because it 
will create an immediate, one-stop resource, in the form of a Web site, 
about what we know is working now so that individuals can begin to 
mobilize their communities and help their children. These are also 
important steps in assisting our children to become healthy adults.
  All of us have the same, simple goal here: getting America's children 
healthy. There are a lot of folks competing for our kids' attention in 
this arena. A lot of the competition is pretty attractive: food that's 
not so nutritious but sure tastes good, and video games that don't burn 
any calories but can occupy you for an entire afternoon. It's tough for 
kids to make good choices on their own. That's why it's time to 
mobilize this nation--and particularly this Congress, by way of 
legislation--to beat the epidemic of obesity plaguing our children.
  Mrs. CLINTON. Mr. President, I am proud to reintroduce the Improved 
Nutrition and Physical Activity Act or the IMPACT Act today with my 
colleagues Senators Frist, Bingaman, and Dodd. This legislation would 
take several important steps toward promoting healthy eating and 
physical activity and combating obesity and eating disorders. Eating 
disorders and obesity have become serious and 2 growing public health 
concerns in our country. Childhood obesity has emerged as an important 
issue in the public, as we have seen a significant increase in the 
number of Americans who are overweight or obese. Today, more than 15 
percent of children and adolescents are considered seriously 
overweight. We know that obesity and the lack of exercise are directly 
linked with a broad array of health problems, including heart disease, 
high blood pressure, diabetes, arthritis-related disabilities, 
depression and some cancers.
  In New York State alone, almost 60 percent of adults are overweight 
or obese, while 43 percent of the children in New York City's public 
elementary schools are overweight and a quarter qualify as obese. Obese 
adults incur significantly higher annual medical expenditures than 
those of normal weight adults. The cost now rivals that attributable to 
smoking. I believe that while nutrition education is one part of the 
solution to the obesity problem facing our youth, it is not enough to 
simply say that childhood obesity is caused by eating too much junk 
food. Instead, we must be aware of the complex environmental, genetic, 
and behavioral factors that have influenced the epidemic.
  Included among the factors that affect children's eating habits and 
activity levels are increased hours in front of the TV or computer, 
working parents spending more hours at the office trying to make ends 
meet, deteriorating healthfulness or foods available in schools, 
reduced access to recess and physical education in schools, changes in 
the physical design of neighborhoods and communities, and low self 
esteem. And sadly, as the number of people battling obesity has 
increased, eating disorders have also reached epidemic proportions in 
the United States. It is estimated that between 8 and 10 million people 
experience an eating disorder, with millions of new cases being 
diagnosed each year. Eating disorders do not discriminate--they affect 
men and women or all ages, racial and ethnic backgrounds, socioeconomic 
classes, and religions.
  Eating disorders are linked to a variety of health problems including 
heart failure, kidney failure, osteoporosis, gastric ruptures, and 
death. Eating disorders are also often associated with a variety of 
mental health problems including depression, substance abuse, and 
suicide. The age of onset for these disorders is getting younger and 
younger. According to the Center for Mental Health Services, 90 percent 
of those who have an eating disorder are women between the ages of 12 
and 25.
  Research indicates that 50 percent of females between the ages of 11 
and 13 see themselves as overweight, and by the age of 13, eighty 
percent have attempted to lose weight. We know that the most common 
behavior that will lead to an eating disorder is dieting. In fact, 51 
percent of 9 and 10 year old

[[Page S7538]]

girls report feeling better about themselves when they are on a diet. 
It is estimated that currently as many as 17 percent of high school 
students have been diagnosed with an eating disorder. Our youth today 
are striving to reach an unrealistic body ideal. Fears of falling short 
of this ideal are leading to dire consequences. That is why I am proud 
to co-sponsor of the IMPACT Act.
  This legislation would take several important steps toward promoting 
healthy eating and physical activity to combat obesity and eating 
disorders. This legislation addresses the growing public health 
problems of increasing rates of obesity and eating disorders by: 
training students and health professionals to diagnose, treat and 
prevent obesity, overweight, and eating disorders; funding 
demonstration programs that promote healthy eating behaviors and 
physical activity to prevent eating disorders, obesity and being 
overweight, and related serious and chronic medical conditions; 
directing the Center for Disease Control to collect information 
regarding fitness levels and energy expenditure among children; 
authorizing the Director of the Agency for Healthcare Research and 
Quality to review all research carried out under this act and include 
such information, where it is relevant, in its health disparities 
report; allowing states to use their Preventive Services Block Grant 
money to address and prevent overweight, obesity, and eating disorders; 
mandating a report on obesity and eating disorders research; 
authorizing a report on the effectiveness of a National Public 
Education Campaign on changing children's behaviors and reducing 
obesity.
  Each of these steps is needed to address our country's growing 
problems of obesity and eating disorders. Any comprehensive approach to 
promote healthy lifestyles and prevent disordered eating in our youth 
must be multifaceted. It must include education about nutrition and 
physical activity, and most importantly, it must encourage open 
communication about body image and self esteem. Such an effort will 
require the leadership and resources of healthcare providers, local 
communities, advocacy organizations, parents and families, and schools.
  It is time that we promote and celebrate healthy bodies and healthy 
lifestyles regardless of size, weight indexes, or arbitrary numbers on 
a scale. This is a delicate task and we must make sure not to let an 
unhealthy emphasis on thinness jeopardize the health of our children. I 
look forward to working with all of my Senate colleagues to promote 
healthy lifestyles across the lifespan.

                          ____________________