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S. 1172 (rfh) For the relief of Sylvester Flis. ...


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108th CONGRESS
  1st Session
                                S. 1172

To establish grants to provide health services for improved nutrition, 
    increased physical activity, obesity prevention, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2003

   Mr. Frist (for himself, Mr. Bingaman, Mr. Dodd, Mr. DeWine, Mrs. 
    Clinton, Mr. Warner, Mrs. Murray, Mr. Lugar, Ms. Landrieu, Mr. 
 Sessions, and Mr. Alexander) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
To establish grants to provide health services for improved nutrition, 
    increased physical activity, obesity prevention, and for other 
                               purposes.

    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) An estimated 61 percent of adults and 13 percent of 
        children and adolescents in the Nation are overweight or obese.
            (2) The prevalence of obesity and being overweight is 
        increasing among all age groups. There are twice the number of 
        overweight children and 3 times the number of overweight 
        adolescents as there were 29 years ago.
            (3) An estimated 300,000 deaths a year are associated with 
        being overweight or obese.
            (4) Obesity and being overweight 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.
            (5) Individuals who are obese have a 50 to 100 percent 
        increased risk of premature death.
            (6) The Healthy People 2010 goals identify obesity and 
        being overweight as one of the Nation's leading health problems 
        and include objectives of 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.
            (7) 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.
            (8) The United States Surgeon General's report ``A Call To 
        Action'' lists the treatment and prevention of obesity as a top 
        national priority.
            (9) The estimated direct and indirect annual cost of 
        obesity in the United States is $117,000,000,000 (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.
            (10) 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 ``A Call 
        To Action'' and other documents prepared by the Department of 
        Health and Human Services and other agencies.
            (11) Eating preferences and habits are established in 
        childhood.
            (12) Poor eating habits are a risk factor for the 
        development of eating disorders and obesity.
            (13) Simply urging overweight individuals to be thin has 
        not reduced the prevalence of obesity and may result in other 
        problems including body dissatisfaction, low self-esteem, and 
        eating disorders.
            (14) Effective interventions for promoting healthy eating 
        behaviors should promote healthy lifestyle and not 
        inadvertently promote unhealthy weight management techniques.
            (15) Binge Eating is associated with obesity, heart 
        disease, gall bladder disease, and diabetes.
            (16) 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. In fact, 
        Anorexia Nervosa has the highest mortality rate of all 
        psychiatric disorders, placing a young woman with Anorexia at 
        18 times the risk of death of other women her age.
            (17) Anorexia Nervosa and Bulimia Nervosa usually appears 
        in adolescence.
            (18) Bulimia Nervosa, an eating disorder from which an 
        estimated 1.1 to 4.2 percent of American women will suffer in 
        their lifetime, is associated with cardiac, gastrointestinal, 
        and dental problems, including irregular heartbeats, gastric 
        ruptures, peptic ulcers, and tooth decay.
            (19) On the 1999 Youth Risk Behavior Survey, 7.5 percent of 
        high school girls reported recent use of laxatives or vomiting 
        to control their weight.
            (20) 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.
            (21) Eating disorders are commonly associated with 
        substantial psychological problems, including depression, 
        substance abuse, and suicide.
            (22) Eating disorders of all types are more common in women 
        than men.

                        TITLE I--TRAINING GRANTS

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

    Section 747(c)(3) of title VII 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-3) 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 and being 
                        overweight 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 and obese 
                        patients 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; and
                            ``(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.''.

 TITLE II--COMMUNITY-BASED SOLUTIONS TO INCREASE PHYSICAL ACTIVITY AND 
                           IMPROVE NUTRITION

SEC. 201. GRANTS TO INCREASE PHYSICAL ACTIVITY AND IMPROVE NUTRITION.

    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 AND IMPROVE 
              NUTRITION.

    ``(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, racial and ethnic 
        minorities, 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) 5-a-day coordinators;
                    ``(F) governors' councils for physical activity and 
                good nutrition; and
                    ``(G) State and local parks and recreation 
                departments; 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 care service provider;
            ``(12) an accredited university or college; or
            ``(13) 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) planning and implementing environmental 
                changes that promote physical activity;
                    ``(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;
                    ``(D) establishing incentives for retail food 
                stores, farmer's markets, food coops, 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 and 
                nursing homes to establish programs for older people to 
                foster physical activity and healthy eating behaviors;
                    ``(F) forming partnerships with day care facilities 
                to establish programs that promote healthy eating 
behaviors and physical activity; and
                    ``(G) providing community educational activities 
                targeting good nutrition;
            ``(2) carry out age-appropriate school-based activities 
        including--
                    ``(A) developing and testing educational curricula 
                and intervention programs designed to promote healthy 

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