S AMDT 1060

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S.1082 An act to amend the Federal Food, Drug, and cosmetic Act and the Public Health Service Act to reauthorize drug and device user fees and ensure the safety of medical products, and for other purposes.
Sponsor: Orrin G. Hatch (R) UT
 
Status: Active
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S 1060 IS

111th CONGRESS

1st Session

S. 1060

To comprehensively prevent, treat, and decrease overweight and obesity in our Nation’s populations.

IN THE SENATE OF THE UNITED STATES

May 18, 2009

Mr. BINGAMAN introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To comprehensively prevent, treat, and decrease overweight and obesity in our Nation’s populations.

    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 ‘Obesity Prevention, Treatment, and Research Act of 2009’.

SEC. 2. FINDINGS.

    Congress finds the following:

      (1) In 2001, the United States Surgeon General released the Call to Action to Prevent and Decrease Overweight and Obesity to bring attention to the public health problems related to obesity.

      (2) Since the Surgeon General’s call to action, the problems of obesity and overweight have become epidemic, occurring in all ages, ethnicities and races, and individuals in every State.

      (3) The United States now has the highest prevalence of obesity among the developed nations, according to 2006 data by the Organisation for Economic Co-operation and Development. The prevalence of obesity in the United States (34 percent) is more than twice the average for other developed nations (13 percent). The closest nation in prevalence of obesity is the United Kingdom (24 percent) which is over 25 percent less than the United States.

      (4) The National Health and Nutrition Examination Survey in 2006 estimated that 32 percent of children and adolescents aged 2 to 19 and an alarming 66 percent of adults are overweight or obese.

      (5) More than 30 percent of young people in grades 9 through 12 do not regularly engage in vigorous intensity physical activity, while almost 40 percent of adults are sedentary and 70 percent report getting less than 20 minutes of regular physical activity per day.

      (6) The Institute of Medicine, in their 2005 publication ‘Preventing Childhood Obesity: Health in the Balance’, reported that over the last 3 decades, the rate of childhood obesity has tripled for children aged 6 to 11 years, and doubled for children aged 2 to 5 years old and in adolescents aged 12 to 19 years old. In 2004, approximately 9,000,000 children over 6 years of age were obese. Only 2 percent of children eat a healthy diet consistent with Federal nutrition guidelines.

      (7) For children born in 2000, it is estimated the lifetime risk of being diagnosed with type 2 diabetes is 40 percent for females and 30 percent for males.

      (8) Overweight and obesity disproportionately affect minority populations and women. According to the 2006 Behavioral Risk Factor Surveillance System of the Centers for the Disease Control and Prevention, 61 percent of adults in the United States are overweight or obese.

      (9) The Centers for the Disease Control and Prevention estimates the annual expenditures related to overweight and obesity in the United States to be $117,000,000,000 in 2001 and rising rapidly.

      (10) The Centers for the Disease Control and Prevention estimates that the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health costs, and that as many as 112,000 deaths per year are associated with obesity.

      (11) Being overweight or obese increases the risk of chronic diseases including diabetes, heart disease, stroke, certain cancers, arthritis, and other health problems.

      (12) 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.

      (13) Healthy People 2010 goals identify overweight and obesity as 1 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.

      (14) Another Healthy People 2010 goal is to eliminate health disparities among different segments of the population. Obesity is a health problem that disproportionally impacts medically underserved populations.

      (15) Food and beverage advertisers are estimated to spend $10,000,000 to $12,000,000,000 per year to target children and youth.

      (16) The United States spends less than 2 percent of its annual health expenditures on prevention.

      (17) Employer health promotion investments net a return of $3 for every $1 invested.

      (18) High-energy dense and low-nutrient dense foods represent 30 percent of American’s total calorie intake. Fast food company menus are twice the energy density of recommended healthful diets.

      (19) Research suggests that individuals eat too much high-energy dense foods without feeling full because the brain’s pathways that regulate hunger and influence normal food intake are not triggered by these foods.

      (20) Packaging, product placement, and high-energy dense food content manipulation contribute to the overweight and obesity epidemic in the United States.

      (21) Such marketing and content manipulation techniques have been used by other industries to encourage consumption at the expense of health. To help individuals make healthy choices, education and information must be available with clear, consistent, and accurate labeling.

TITLE I--OBESITY TREATMENT, PREVENTION, AND REDUCTION

SEC. 101. UNITED STATES COUNCIL ON OVERWEIGHT-OBESITY PREVENTION.

    Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by--

      (1) redesignating section 399R (as inserted by section 2 of Public Law 110-373) as section 399S;

      (2) redesignating section 399R (as inserted by section 3 of Public Law 110-374) as section 399T; and

      (3) adding at the end the following:

‘SEC. 399U. UNITED STATES COUNCIL ON OVERWEIGHT-OBESITY PREVENTION.

    ‘(a) Establishment- The Secretary shall convene a United States Council on Overweight-Obesity Prevention (referred to in this section as ‘USCO-OP’).

    ‘(b) Membership-

      ‘(1) IN GENERAL- USCO-OP shall be composed of 20 members, which shall consist of--

        ‘(A) the Secretary;

        ‘(B) the Secretary (or his or her designee) of--

          ‘(i) the Department of Agriculture;

          ‘(ii) the Department of Education;

          ‘(iii) the Department of Housing and Urban Development;

          ‘(iv) the Department of the Interior

          ‘(v) the Federal Trade Commission;

          ‘(vi) the Department of Transportation; and

          ‘(vii) any other Federal agency that the Secretary of Health and Human Services determines appropriate;

        ‘(C) the Chairman (or his or her designee) of the Federal Communications Commission;

        ‘(D) the Director (or his or her designee) of the Centers for Disease Control and Prevention, the National Institutes of Health, and the Agency for Healthcare Research and Quality;

        ‘(E) the Administrator of the Centers for Medicare and Medicaid Services (or his or her designee);

        ‘(F) the Commissioner of Food and Drugs (or his or her designee); and

        ‘(G) a minimum of 5 representatives, appointed by the Secretary, of expert organizations such as public health associations, key healthcare provider groups, planning and development organizations, education associations, advocacy groups, relevant industries, State and local leadership, and other entities as determined appropriate by the Secretary.

      ‘(2) APPOINTMENTS- The Secretary shall accept nominations for representation on USCO-OP through public comment before the initial appointment of members of USCO-OP under paragraph (1)(G), and on a regular basis for open positions thereafter, but not less than every 2 years.

      ‘(3) CHAIRPERSON- The chairperson of USCO-OP shall be--

        ‘(A) an individual appointed by the President; and

        ‘(B) until the date that an individual is appointed under subparagraph (A), the Secretary.

    ‘(c) Meetings-

      ‘(1) IN GENERAL- USCO-OP shall meet--

        ‘(A) not later than 180 days after the date of enactment of the Obesity Prevention, Treatment, and Research Act of 2009; and

        ‘(B) at the call of the chairperson thereafter, but in no case less often than 2 times per year.

      ‘(2) MEETINGS OF FEDERAL AGENCIES- The representatives of the Federal agencies on USCO-OP shall meet on a regular basis, as determined by the Secretary, to develop strategies to coordinate budgets and discuss other issues that are not otherwise permitted to be discussed in a public forum. The purpose of such meetings shall be to allow more rapid interagency strategic planning and intervention implementation to address the overweight and obesity epidemic.

    ‘(d) Duties of USCO-OP- USCO-OP shall--

      ‘(1) develop strategies to comprehensively prevent, treat, and reduce overweight and obesity;

      ‘(2) coordinate interagency cooperation and action related to the prevention, treatment, and reduction of overweight and obesity in the United States;

      ‘(3) identify best practices in communities to address overweight and obesity;

      ‘(4) work with appropriate entities to evaluate the effectiveness of obesity and overweight interventions;

      ‘(5) update the National Institutes of Health 1998 ‘Clinical Guidelines on the Identification, Evaluation, and Treatment of Overweight and Obesity in Adults: The Evidence Report’ and include sections on childhood obesity in such updated report;

      ‘(6) conduct ongoing surveillance and monitoring using tools such as the National Health and Nutrition Examination Survey and the Behavioral Risk Factor Surveillance System and assure adequate and consistent funding to support data collection and analysis to inform policy;

      ‘(7) make recommendations to coordinate budgets, grant and pilot programs, policies, and programs across Federal agencies to cohesively address overweight and obesity, including with respect to the grant programs carried out under sections 306(n), 399V, and 1904(a)(1)(H);

      ‘(8) make recommendations to update and improve the daily physical activity requirements for students under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and include recommendations about physical activities that families can do together, and involving parents in these activities;

      ‘(9) make recommendations about coverage for obesity-related services and for an early and periodic screening, diagnostic, and treatment services program under the State Children’s Health Insurance Program established under title XXI of the Social Security Act;

      ‘(10) make recommendations for obesity-related information, including height, weight, and body mass index, to be included in electronic health records for the purpose of ongoing surveillance and monitoring; and

      ‘(11) provide guidelines for childhood obesity health care related treatment under the early and periodic screening, diagnostic, and treatment services program under the Medicaid program established under title XIX of the Social Security Act and otherwise described in section 2103(c)(5) of such Act.

    ‘(e) Report- Not later than 18 months after the date of enactment of the Obesity Prevention, Treatment, and Research Act of 2009, and on an annual basis thereafter, USCO-OP shall submit to the President and to the relevant committees of Congress, a report that--

      ‘(1) summarizes the activities and efforts of USCO-OP under this section to coordinate interagency prevention, treatment, and reduction of obesity and overweight, including a detailed strategic plan with recommendations for each Federal agency;

      ‘(2) evaluates the effectiveness of these coordinated interventions and conducts interim assessments and reporting of health outcomes, achievement of milestones, and implementation of strategic plan goals starting with the second report, and yearly thereafter; and

      ‘(3) makes recommendations for the following year’s strategic plan based on data and findings from the previous year.

    ‘(f) Technical Assistance- The Department of Health and Human Services may provide technical assistance to USCO-OP to carry out the activities under this section.

    ‘(g) Permanence of Committee- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to USCO-OP.’.

SEC. 102. GRANTS AND DEMONSTRATION PROGRAMS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN POPULATIONS DISPROPORTIONATELY AFFECTED BY OBESITY AND OVERWEIGHT.


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