Legislation to Address Obesity and
Excess Weight
Bills Introduced in
the 110th Congress to promote Physical Activity
Bills Introduced in
the 110th Congress to promote Better Nutrition
Bills Introduced in the
110th Congress to address change in the Health Care Infrastructure
Bills Introduced in the
110th Congress that focus on a combination of promoting physical
activity, better nutrition or change in the health care infrastructure
Physical
Activity
Reauthorization of
the No Child Left Behind Act (NCLB)
Every five years Congress reviews federal programs geared
toward improving public elementary and secondary education throughout states. No Child Left Behind was first signed into
law by President Bush in 2002 and established accountability and assessment
standards for public schools. This
Congressional session, numerous bills were introduced addressing physical
education in schools and after-school programs, with the goal of including them
in reauthorization of NCLB in 2007.
Neither the House nor the Senate has yet passed an NCLB
bill. Below are specific bills that
could be incorporated into reauthorization of NCLB. If the bills below are not incorporated into
NCLB, there is still a chance that their sponsors will push to have them passed
as stand alone bills.
H.R.
3257 – Fitness Integrated with Teaching (“FIT”) Kids Act Sponsored by
Representatives Ron Kind, Jay Inslee and
Zach Wamp
On July 31st, 2007,
Representative Ron Kind of Wisconsin – along with Representatives Jay Inslee of
Washington and Zach Wamp of Tennessee – introduced H.R. 3257, which would amend
the Elementary and Secondary Education Act of 1965 (also known as the “No Child
Left Behind” Act) to provide incentives to encourage schools to provide regular
and quality physical education and activity and hold schools accountable for
meeting national standards.
For more information or to lend your support see:
§
THE American Heart
Association
H.R.
3438 – Bullying and Gang Reduction for Better Education Act Sponsored by
Representative Linda Sanchez
On August 3rd, 2007,
Representative Linda Sanchez of California introduced H.R. 3438, which would
amend the Elementary and Secondary Education Act of 1965 (also known as the “No
Child Left Behind” Act), more specifically the Safe and Drug-Free Schools and
Communities Act, to promote mentoring programs for at-risk children, fund a
pilot program for studying the most effective ways to improve healthy living
and physical activity outcomes and facilitate healthy, physically active
lifestyles.
For more information or to lend your support see:
§
National Coalition for Promoting Physical Activity
(NCPPA)
S.
651 - PLAY Every Day Act of 2007 Sponsored by Senator Tom Harkin
On February 15, 2007 Senator Tom Harkin
of Iowa
introduced the Promoting Lifelong
Active Communities Every Day or “PLAY Every Day” bill that would require
federal agencies to support the development of a measurement tool to assist
communities in identifying strengths and gaps in policies and programs for
physical activity for children and youth. The bill would also authorize federal
agencies to fund model communities of play to develop action plans that promote
increased opportunities for quality play, spaces for play and voices for play. S.
651 has been referred to the Senate HELP Committee,
where it awaits further review.
For more information or to lend your support see:
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National Recreation and Park Association
§
YMCA of the USA
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National Association of Sports and Physical
Education (NASPE)
H.R.1224 – Strengthening Physical Education Act of
2007 Sponsored by Representatives Zach Wamp and Ron Kind
On February 28, 2007, Representative Zach Wamp of
Tennessee introduced
the Strengthening Physical Education Act of 2007 (H.R. 1224), which seeks to
classify physical education as a core subject under reauthorization of the No
Child Left Behind Act.
H.R. 1224 has been referred to the House Committees on Education and Labor;
and Energy and Commerce, where it awaits further review. Representative Wamp
later introduced the Fit Kids Act (see previous explanation) with
Representatives Kind and Inslee. The Fit
Kids Act includes a broader range of provisions supporting physical education
and is likely to replace this bill as the primary focus of future action on the
issue.
H.R.
1748 – The Workforce Health Improvement Program Act of 2007 (WHIP Act) Sponsored
by Representative Zack Wamp
On March 28, 2007, Representative Zack
Wamp of Tennessee
introduced the Workplace Health Improvement Program Act of 2007 (H.R. 1748),
which seeks to amend the Internal Revenue Code of 1986 to expand workplace
health incentives by equalizing the tax consequences of employee athletic
facility use. H.R. 1748 has been
referred to the House Ways
and Means Committee, where it awaits further review. Similar legislation, S. 1038, was introduced
in the Senate by Senator John Cornyn of Texas
on March 29, 2007.
For more information or to lend your support see:
§
International Health, Racquet and Sportsclub
Association (IHRSA)
H.R.
245 – Personal Health Investment Today Act of 2007 (PHIT) Sponsored by
Representative Jerry Weller
On January 5, 2007, Representative Jerry
Weller of Illinois introduced the Personal Health Investment Today Act of 2007
(H.R. 245), which would amend the Internal Revenue Code to treat up to $1,000
of amounts paid annually for exercise equipment and physical exercise programs
as tax deductible medical expenses. H.R.
245 has been referred to the House Committee on Ways and Means where it awaits
further review.
For more information or to lend your support see:
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Sporting Goods Manufacturers Association
(SGMA)
§
National Recreation and Park Association (NRPA)
§
National Coalition for Promoting Physical Activity
(NCPPA)
S.
100 – Healthy Students Act of 2007 Sponsored by Sen. Barbara Boxer
On January 4, 2007, Senator Barbara
Boxer of California
introduced S. 100, which would encourage the health of children in schools by
promoting better nutrition and increased physical activity. S. 100 has been
referred to the Senate Committee on Finance, where it awaits further review.
Nutrition
2007 Farm Bill
Every five years, Congress reviews the Farm Bill that includes the
majority of farm subsidy programs, food stamps, and food and nutrition
programs. Many bills were introduced this year in anticipation of the Farm Bill
and with the intent of incorporating their language into the Farm Bill. The
Farm Bill has now passed the House of Representatives and is awaiting action in
the Senate.
The following House bills have not been addressed directly but
will not move independently as they were considered when completing the House
Farm Bill.
H.R.1600 – Equitable Agriculture Today for a
Healthy America Act of 2007(EAT Healthy America Act) Sponsored by
Representative Dennis Cardoza
On March 20, 2007, Representative Dennis
Cardoza of California introduced the EAT Healthy America Act, which seeks to
continue and expand upon previous congressional efforts to ensure an abundant
and affordable supply of fruits, vegetables, tree nuts, and other specialty
crops for American consumers and international markets, as well as to enhance
the competitiveness of United States-grown specialty crops. H.R. 1600 has been referred to the House
Committees on Agriculture; Ways and Means; Education and Labor; Energy and
Commerce; and Financial Services, where it awaits further review. The goal for this bill was integration into
the 2007 Farm Bill Reauthorization. The House did pass their version of the
Farm Bill with expanded support for fruits and vegetables. The Farm Bill is now
awaiting Senate action.
H.R.1551 – Healthy Farms, Foods, and Fuels Act of
2007
On March 15, 2007, Representative Ron
Kind of Wisconsin introduced the Healthy Farms, Foods, and Fuels Act of 2007
(H.R. 1551) in the House of Representatives, which would reauthorize Department
of Agriculture conservation and energy programs, as well as nutrition
programs. H.R. 1551 has been referred to
the House Committee on Agriculture, where it awaits further review.
The following Senate
bills have not been addressed directly but are being considered by the Senate
Agriculture Committee as they draft the Senate Farm Bill due out at the end of
October.
S.
771 – Child Nutrition Promotion and School Lunch Protection Act of 2007
Sponsored by Senator Tom Harkin
On March 6, 2007, Senator Tom Harkin of
Iowa reintroduced the Child Nutrition and School Lunch Protection Act of 2007
(S. 771), which would amend the Child Nutrition Act of 1966 to improve the
nutrition and health of schoolchildren by updating the definition of "food
of minimal nutritional value" to conform to current nutrition science and
to protect the Federal investment in the national school lunch and breakfast
programs. The bill would also give the
Secretary of Agriculture authority to apply nutrition standards to all food
sold on school campus rather than just the school lunch. S. 771 has been referred to the Committee on Agriculture,
Nutrition, and Forestry, where it awaits further review.
For more information see these Organizations Supporting Legislation:
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American Dietetic Association
§
The American Heart Association
S.919 –
Healthy Farms, Foods and Fuels Act of 2007 Sponsored by Senator Robert Menendez
On March 20th, 2007, Senator Robert
Menendez of New
Jersey introduced the Healthy Farms, Foods and Fuels Act of 2007 which would reauthorize
Department of Agriculture conservation and energy programs, as well as
nutrition programs. This legislation is
similar to H.R. 1551 and currently awaits consideration in the Senate
Agriculture Committee.
H.R. 45 -
Healthy Foods for Healthy Living Act Sponsored by Rep. Nydia Velazquez
On January 4, 2007,
Representative Nydia M. Velazquez of New York, introduced HR 45, the Healthy
Foods for Healthy Living Act, which would authorize the Secretary of
Agriculture to make grants to community-based organizations and local
redevelopment agencies operating in low-income communities to promote increased
access to and consumption of fresh fruits, fresh vegetables, and other healthy
foods among residents of such communities.
HR 45 would also amend title XVIII (Medicare) and title XIX (Medicaid) of
the Social Security Act to cover additional primary and preventive services
relating to obesity treatment and prevention, supervised exercise sessions,
stress testing, lifestyle modification education, and nutrition education. The Healthy Foods for Healthy Living Act has
been referred to the House Committees on Energy and Commerce, Agriculture, and
Ways and Means, where it awaits further review.
H.R. 208 - To
amend the Richard B. Russell National School Lunch Act to expand the fruit and
vegetable pilot program to 5 States, including New York, and to include Head
Start programs Sponsored by Rep. Jose Serrano
On January 4, 2007,
Representative Jose Serrano of New
York introduced H.R. 208. It has been referred to the House Committee
on Education and Labor where it awaits further review.
S. 100 – Healthy
Students Act of 2007 Sponsored by Sen. Barbara Boxer
On January 4, 2007, Senator Barbara Boxer of California introduced S.
100, which would encourage the health of children in schools by promoting
better nutrition and increased physical activity. S. 100 has been
referred to the Senate Committee on Finance, where it awaits further review.
S. 1323 - Common
Sense Consumption Act Sponsored by Senator Mitch McConnell
On June
7, 2007, Senator McConnell of Kentucky introduced the Common Sense
Consumption Act (S. 1323), which seeks to prevent legislative and regulatory
functions from being subjected to civil liability actions brought or continued
against food manufacturers, marketers, distributors, advertisers, sellers, and
trade associations for claims of injury relating to a person's weight gain,
obesity, or any health condition associated with weight gain or obesity. S. 1323 has been referred to the Senate
Judiciary Committee, where it awaits further review. Similar legislation has been introduced in
the House by Rep. Dan Boren of Oklahoma.
Healthcare Infrastructure
Reauthorization of
the State Children’s Health Insurance Program (SCHIP)
SCHIP was enacted for the first time in 1997 to provide
health insurance to children whose parents did not qualify for Medicaid, but
could not afford private health insurance either. SCHIP must be reauthorized every five
years. This year, Congress sent a bill
to the President that would have expanded SCHIP from $5 billion to $35 billion
annually in order to insure more children.
The President vetoed SCHIP because he believes it represents support of
government controlled health care at the expense of private markets. Congress must now write another bill and send
it back to the President by the end of the year if they hope to reauthorize the
program. The bills listed below were not
incorporated into original discussions surrounding SCHIP, but depending on how
negotiations develop, some might find a place within the reauthorization.
S.
1753/H.R. 3717 – The Healthy Workforce Act of 2007
Senator Tom Harkin of Iowa and Senator Gordon Smith of
Oregon introduced the Healthy Workforce Act of 2007 (S. 1753) in the Senate,
while Representative Tom Udall of New Mexico and Mary Bono of California
introduced the same bill in the House.
The Healthy Workforce Act would
offer a tax credit to businesses that have comprehensive employee wellness
programs. The measure, which will credit
up to $200 per employee for the first 200 employees and up to $100 per employee
thereafter, is designed to address the proliferation of chronic diseases that
stem from obesity and other unhealthy lifestyles in working Americans. Companies would be eligible for the tax
credit by establishing programs that raise health awareness among employees,
encourage employee behavioral changes, and prompt employee participation
through an incentive. Under the
Harkin/Smith proposal, employers which establish qualified programs would be eligible
to receive a tax credit for 10 years. S.
1753 and H.R. 3717 have been referred to the Senate Finance Committee and the
House Ways & Means Committee, respectively, where each awaits further
review.
S. 1754 – A bill to
Amend the Public Health Service Act to provide for a workplace wellness
education campaign and an evaluation of employer-based wellness programs, and
for other purposes Sponsored by Senators Harkin and Smith
On July 9, 2007 Senators Harkin
and Smith introduced S. 1754, which would amend the Public Health Service Act
to require the Director of the CDC to conduct an educational campaign on
employer-based wellness programs and provide grants for research demonstration
projects to study the effectiveness of new worksite-based health interventions
and models. S. 1754 has been referred to
the Senate Health, Education, Labor, and Pensions (HELP) Committee, where it
awaits further review.
S. 1342/H.R.
2633 – Healthy Lifestyles and Prevention (HeLP) America Act Sponsored by Sen.
Tom Harkin
Senator Tom Harkin introduced the
HeLP America Act (S. 1342) in the Senate and Representative Tom Udall
introduced the HeLP America Act (H.R. 2633) in the House. The Healthy Lifestyles and Prevention America
Act seeks to improve the health of Americans and
reduce health care costs by reorienting the Nation's health care system toward
prevention, wellness, and self care. Specifically,
the HeLP America Act amends the Public Health Service Act to require the
Secretary of Health and Human Services to convene a task force on childhood
obesity. It also incorporates the
Healthy Workforce Act of 2007 and the Promoting Lifelong Active Communities
Every Day Act or the PLAY Every Day Act.
S. 1342 has been referred to the Senate HELP Committee, while H.R. 2633
has been referred to numerous House Committees due to the vast jurisdictions
the bill touches, such as the Committee on Ways & Means and Energy and
Commerce.
S.
1050/H.R. 3294 - Promoting Wellness for
Individuals with Disabilities Act of 2007
Senator Tom Harkin introduced the
Promoting Wellness for Individuals with Disabilities Act of 2007 in the Senate,
while Representative Nita Lowey of New
York introduced the same bill in the House. The Promoting Wellness for Individuals with
Disabilities Act would amend the Rehabilitation Act of 1973 and the Public
Health Service Act to set standards for medical diagnostic equipment and to
establish a program for promoting good health, disease prevention, and wellness
and for the prevention of secondary conditions for individuals with
disabilities. S. 1050 has been referred
to the HELP Committee and H.R. 3294 has been referred to the House Education
and Labor Subcommittee on Health, Employment, Labor, and Pensions, where both
bills await further review.
H.R.
1846 – Medicare Access to Physical Medicine and Rehabilitation Services
Improvement Act of 2007 Sponsored by Representative Edolphus Towns
On March 29, 2007, Representative
Edolphus Towns of New York introduced the Medicare Access to Physical Medicine
and Rehabilitation Services Improvement Act of 2007 (H.R. 1846), which seeks to
amend title XVIII of the Social Security Act to provide improved access to
physical medicine and rehabilitation services under part B of the Medicare
Program. H.R. 1846 has been referred to
the House Committees on Energy and Commerce; and Ways and Means, where it
awaits further review.
H.R.
853 – Wellness and Prevention Act of 2007 Sponsored by Rep. Joe Knollenberg
On February 6, 2007, Representative Joe
Knollenberg of Michigan
introduced the Wellness and Prevention Act of 2007 (H.R. 853), which would
promote preventive health care for Americans.
H.R. 853 has been referred to the House Ways and Means and Energy and
Commerce Committees, where it awaits further review.
H.R. 426 - Medicaid Obesity Treatment Act of 2007
Sponsored by Rep. Edolphus Towns
On January 11, 2007, Rep. Edolphus Towns of New York introduced HR
426, the Medicaid Obesity Treatment Act of 2007, which would amend title XIX of
the Social Security Act to require States that provide Medicaid prescription
drug coverage to cover drugs medically necessary to treat obesity. HR 426 has been referred to the House
Committee on Energy and Commerce.
Bills that Focus
on Combinations of Nutrition, Physical Activity, and Change in the Health Care
Sector
H.R. 1163 – Stop
Obesity in Schools Act of 2007 Sponsored by Representative Nita Lowey
On February
16, 2007, Rep. Nita Lowey of New
York introduced the Stop Obesity in Schools Act of
2007 (H.R. 1163), which seeks to require the development of a national strategy
to reduce childhood obesity.
Specifically, H.R. 1163 proposes implementing a plan that reduces
childhood obesity by 10 percent by 2011; addresses the short-term and long-term
solutions to the obesity epidemic; identifies how the federal government can
work cooperatively with various other sectors to implement the strategy; and
includes measures to identify and overcome obstacles. H.R. 1163 also sets parameters for the CDC’s
initiatives to combat obesity. The Stop
Obesity in Schools Act has been referred to the House Committees on Education
and Labor as well as Energy and Commerce, where it awaits further review.
S.866- The Health Promotion FIRST Act of 2007
Sponsored by Senator Richard Lugar
On March 13, 2007, Senator Richard Lugar of Indiana
introduced the Health Promotion FIRST Act of 2007 (S. 866), which seeks to
provide for increased planning and funding for health promotion programs of the
Department of Health and Human Services.
S. 866 has been referred to the Senate
Committee on Health, Education, Labor, and Pensions, where it awaits further
review.
H.R. 2677 – Improved Nutrition and Physical
Activity Act (IMPACT Act)
On June 12, 2007, Representative Mary Bono of California
introduced the IMPACT Act (H.R. 2677), which seeks to amend the Public Health
Service Act to expand an existing grant program for training for health
profession students to include the treatment of individuals who are overweight,
obese, or have eating disorders. The
IMPACT Act has been referred to the House Committee on Energy and Commerce,
where it awaits further review.
The Senate passed a similar version of the IMPACT Act in the
108th Congress (December, 2003) but it did not pass the House and
thus, did not become law. The lead Senators on past introductions were Senators
Bingaman (D-NM), Dodd (D-CT) and Frist (R-TN).
They have not reintroduced the bill in this Congress.
For more
information or to lend your support see:
§
National Coalition for Promoting
Physical Activity (NCPPA)
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