HR 6461 IH
H. R. 6461
To prevent childhood obesity.
IN THE HOUSE OF REPRESENTATIVES
September 20, 2012
September 20, 2012
Ms. FUDGE introduced the following bill; which was referred to the Committee on Energy and Commerce
To prevent childhood obesity.
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 ‘Measures to Prevent Childhood Obesity Act of 2012’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Obesity is related to more than 30 chronic conditions, including diabetes, cancer, cardiovascular disease, and arthritis.
(2) Obesity has become a major health concern for millions of Americans, as 1 in 3 adults and nearly 1 in 5 children have obesity, according to the Centers for Disease Control and Prevention.
(3) Left unchecked, nearly 50 percent of Americans will be obese by 2030, according to a recent study.
(4) Rates of obesity among children and adolescents have nearly tripled since 1980, according to the Centers for Disease Control and Prevention.
(5) The Centers for Disease Control and Prevention estimates that more than 75 percent of health care costs are due to chronic conditions.
(6) A recent study conducted by researchers at Cornell University and Lehigh University concluded that obesity accounts for nearly 21 percent of health care costs in America.
(7) Direct medical spending on obesity could exceed $300,000,000,000 annually by 2018, according to an analysis conducted by McKinsey and Company.
(8) Obesity has become a threat to national security and is the leading medical reason for applicants failing to qualify for military service, according to a report issued by Mission:Readiness.
(9) A report issued by the Trust for America’s Health concludes that reducing the average body mass index by 5 percent in the United States could lead to more than $29,000,000,000 in health care savings in five years.
(10) Studies show that an overweight or obese child or adolescent is significantly more likely to have obesity as an adult.
(11) Tracking, measuring, and monitoring body mass index for children is vital in facilitating a lifetime of healthy behaviors.
(12) Body mass index should be considered as a vital sign.
SEC. 3. MEASURES TO PREVENT CHILDHOOD OBESITY ACT.
(a) Reporting of Body Mass Index Information Requirement for Children-
(1) IN GENERAL- Subsection (a) of section 2125 of the Public Health Service Act (42 U.S.C. 300aa-25) is amended--
(A) by striking ‘and’ at the end of paragraph (3);
(B) by striking the period and adding ‘, and’ at the end of paragraph (4); and
(C) by adding at the end the following new paragraph:
‘(5) the age, gender, height, and weight of each person vaccinated to calculate the body mass index of such person.’.
(2) REPORTING- Subsection (b) of such section is amended--
(A) in paragraph (1)--
(i) by striking ‘and’ at the end of subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (D); and
(iii) by inserting after subparagraph (B) the following new subparagraph:
‘(C) the information recorded under subsection (a)(5), and’; and
(B) by adding at the end the following new paragraph:
‘(4) Each health provider shall also report to the relevant department of the State in which such health care provider practices the data collected under subsection (a)(5).’.
(b) Grants for Body Mass Index Data Analysis-
(1) ESTABLISHMENT- The Secretary of Health and Human Services (in this subsection referred to as the ‘Secretary’) may make grants to not more than 20 eligible entities to analyze body mass index (in this section referred to as ‘BMI’) measurements of children, ages 2 through 18.
(2) ELIGIBILITY- An eligible entity for purposes of this section is a State (including the District of Columbia, the Commonwealth of Puerto Rico, and each territory of the United States) that has a statewide immunization information system that--
(A) has the capacity to store basic demographic information (including date of birth, gender, and geographic area of residence), height, weight, and immunization data for each resident of the State;
(B) is accessible to doctors, nurses, other licensed health care professionals, and officials of the relevant department in the State charged with maintaining health and immunization records; and
(C) has the capacity to integrate large amounts of data for the analysis of BMI measurements.
(3) USE OF FUNDS- A State that receives a grant under this section shall use the grant for the following purposes:
(A) Analyzing the effectiveness of obesity prevention programs and wellness policies carried out in the State.
(B) Purchasing new computers, computer equipment, and software to upgrade computers to be used for a statewide immunization information system.
(C) The hiring and employment of personnel to maintain and analyze BMI data.
(D) The development and implementation of training programs for health care professionals to aid such professionals in taking BMI measurements and discussing such measurements with patients.
(E) Providing information to parents and legal guardians in accordance with paragraph (5)(B).
(4) SELECTION CRITERIA- In selecting recipients of grants under this section, the Secretary shall give priority to States in which a high percentage of public and private health care providers submit data to a statewide immunization information system that--
(A) contains immunization data for not less than 20 percent of the population of such State that is under the age of 18; and
(B) includes data collected from men and women who are of a wide variety of ages and who reside in a wide variety of geographic areas in a State (as determined by the Secretary).
(5) CONDITIONS- As a condition of receiving a grant under this section, a State shall--
(A) ensure that BMI measurements will be recorded for children ages 2 through 18--
(i) on an annual basis by a licensed physician, nurse, nurse practitioner, or physicians assistant during an annual physical examination, wellness visit, or similar visit with a physician; and
(ii) in accordance with data collection protocols published by the American Academy of Pediatrics in the 2007 Expert Committee Recommendations; and
(B) for each child in the State for whom such measurements indicate a BMI greater than the 95th percentile for such child’s age and gender, provide to the parents or legal guardians of such child information on how to lower BMI and information on State and local obesity prevention programs.
(A) REPORTS TO THE SECRETARY- Not later than 5 years after the receipt of a grant under this section, the State receiving such grant shall submit to the Secretary the following reports:
(i) A report containing an analysis of BMI data collected using the grant, including--
(I) the differences in obesity trends by gender, disability, geographic area (as determined by the State), and socioeconomic status within such State; and
(II) the demographic groups and geographic areas most affected by obesity within such State.
(ii) A report containing an analysis of the effectiveness of obesity prevention programs and State wellness policies, including--
(I) an analysis of the success of such programs and policies prior to the receipt of the grant; and
(II) a discussion of the means to determine the most effective strategies to combat obesity in the geographic areas identified under clause (i).
(B) REPORT TO CONGRESS AND CERTAIN EXECUTIVE AGENCIES- Not later than 1 year after the Secretary receives all the reports required pursuant to subparagraph (A), the Secretary shall submit to the Secretary of Education, the Secretary of Agriculture, and to Congress a report that contains the following:
(i) An analysis of trends in childhood obesity, including how such trends vary across regions of the United States, and how such trends vary by gender and socioeconomic status.
(ii) A description of any programs that--
(I) the Secretary has determined significantly lower childhood obesity rates for certain geographic areas in the United States, including urban, rural, and suburban areas; and
(II) the Secretary recommends to be implemented by the States (including States that did not receive a grant under this section).
(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for each of fiscal years 2013 through 2018.