I 

109TH CONGRESS 

1ST SESSION H. R. 2240 

To provide assistance for the development of indoor disease prevention and 

health promotion centers in urban and rural areas throughout the United 

States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2005 

Mr. SANDERS (for himself, Mr. KUCINICH, Ms. CORRINE BROWN of Florida, 

Mr. OWENS, Mrs. CHRISTENSEN, Mr. PAYNE, Mr. MCGOVERN, and Mr. 

ABERCROMBIE) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To provide assistance for the development of indoor disease 

prevention and health promotion centers in urban and 

rural areas throughout the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Urban and Rural Dis5 ease Prevention and Health Promotion Act of 2005’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 The Congress finds that— 
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1 (1) in 1999, 61 percent of adults in the United 

2 States were overweight or obese; 

3 (2) all age, racial, and ethnic groups, and both 

4 genders, have experienced increases in the percent5 age of persons who are overweight or obese; 

6 (3) each year in the United States, approxi7 mately 112,000 deaths are associated with obesity; 

8 (4) overweight and obesity are associated with 

9 heart disease, certain types of cancer, type 2 diabe10 tes, stroke, arthritis, breathing problems, and psy11 chological disorders, such as depression; 

12 (5) in 2000, the economic cost of obesity in the 

13 United States was approximately $117,000,000,000; 

14 (6) it is recommended that American adults ac15 cumulate at least 30 minutes, and American chil16 dren accumulate at least 60 minutes, of moderate 

17 physical activity most days of the week, though more 

18 may be needed to prevent weight gain, to lose 

19 weight, or to maintain weight loss; 

20 (7) less than one-third of American adults en21 gage in these recommended amounts of physical ac22 tivity; 

23 (8) 40 percent of adults in the United States do 

24 not participate in any leisure-time physical activity; 
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1 (9) physical activity is important in preventing 

2 and treating overweight and obesity and is extremely 

3 helpful in maintaining weight loss, especially when 

4 combined with healthy eating; 

5 (10) there is a direct positive relationship be6 tween the level of individual and community use of 

7 public recreational facilities and services, access to 

8 and condition of such facilities, and the diversity and 

9 quality of services relative to current and potential 

10 uses; and 

11 (11) medical and other research document a di12 rect positive relationship between active recreation 

13 and disease prevention and general wellness. 

14 SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE 

15 PREVENTION AND HEALTH PROMOTION CEN16 TERS. 

17 (a) AUTHORITY.—The Secretary of Housing and 

18 Urban Development may make grants and loans in accord19 ance with this Act to eligible entities under section 4 for 

20 the development of indoor centers for disease prevention 

21 and health promotion. 

22 (b) CENTERS.—For purposes of this Act, the term 

23 ‘‘indoor disease prevention and health promotion center’’ 

24 means a structure or facility, or a portion thereof, that— 
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1 (1) is used principally as an indoor recreational 

2 facility providing services, programs, and activities 

3 that result in disease prevention and health pro4 motion, including direct recreation services for indi5 viduals and groups, information on public and per6 sonal health and wellness, health screening, and 

7 other necessary services in collaboration with public 

8 and private health professionals and other entities; 

9 (2) is owned or controlled by the eligible entity 

10 that receives the grant or loan under this Act; 

11 (3) is available for use by, and provides services 

12 to, residents of the jurisdiction of such eligible entity 

13 free of charge or at a charge not exceeding that nec14 essary to provide for operation and maintenance of 

15 the facility and for appropriate public recreation 

16 services; and 

17 (4) is subject to such legally binding and en18 forceable commitments, as the Secretary shall re19 quire, to ensure that the structure or facility, or por20 tion thereof, is used as provided in paragraph (1) for 

21 the 25-year period beginning upon the receipt of a 

22 grant or loan made under this Act; except that the 

23 Secretary may, upon the request of an entity that 

24 received a grant or loan under this Act, waive the 
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1 applicability of such commitments if the Secretary 

2 finds that— 

3 (A) environmental or other conditions have 

4 substantially reduced the public value of the fa5 cility or public access to the facility; or 

6 (B) the site or facility has substantially de7 teriorated, through no fault of the entity that 

8 received the grant or loan, and such entity en9 ters into an agreement with the Secretary to 

10 obtain or provide a replacement facility that 

11 generally provides access to services for persons 

12 that were served at the original facility. 

13 SEC. 4. ELIGIBLE ENTITIES. 

14 Grants and loans under this Act may be made only 

15 to the following entities: 

16 (1) A unit of general local government. 

17 (2) An official State, metropolitan, regional, or 

18 other area agency, district, public-purpose corpora19 tion, or other limited-purpose political subdivision of 

20 a State, that is empowered under State or local laws 

21 or under an interstate compact or agreement to 

22 manage, administer, or provide public parks and rec23 reational facilities. 

24 (3) Public authorities or agencies associated 

25 with economic or community development or restora-
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1 tion, whose activities support capital investments for 

2 public recreation. 

3 SEC. 5. ELIGIBLE USES OF ASSISTANCE. 

4 Amounts from a grant or loan under this Act may 

5 be used only for the development of indoor centers for dis6 ease prevention and health promotion, which shall include 

7 the following activities: 

8 (1) Planning. 

9 (2) Design. 

10 (3) Site acquisition, preparation, and construc11 tion. 

12 (4) Assessment of, and response to, site envi13 ronmental conditions. 

14 (5) Landscaping. 

15 (6) New construction. 

16 (7) Rehabilitation of existing recreational struc17 tures and facilities. 

18 (8) Enhancement and expansion of public infra19 structure. 

20 (9) Acquisition and conversion of existing non21 recreational structures and facilities. 

22 SEC. 6. GRANT AND LOAN REQUIREMENTS. 

23 (a) AMOUNT.—The Secretary may not make a grant 

24 or loan under this Act for any fiscal year to any eligible 
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1 entity that has received a grant or loan during any of the 

2 preceding three fiscal years. 

3 (b) LOANS.—Loans made with amounts made avail4 able under this Act shall be subject to the following re5 quirements: 

6 (1) NO INTEREST LOANS.—Loans shall not 

7 bear interest. 

8 (2) TERM.—Loans shall have a term to matu9 rity not to exceed 10 years. 

10 (3) REVOLVING LOAN FUND.—Loan amounts 

11 repaid to the Secretary shall be available to the Sec12 retary, without fiscal year limitation, for making ad13 ditional loans under this Act. 

14 (4) OTHER CONDITIONS.—Loans shall be sub15 ject to such other terms and conditions as the Sec16 retary may establish. 

17 (c) APPLICATIONS.—The Secretary shall provide for 

18 eligible entities to submit applications for grants and loans 

19 under this Act. 

20 (d) SELECTION CRITERIA.—Not later than 60 days 

21 after the date of the enactment of this Act, the Secretary 

22 shall cause to be published in the Federal Register a list 

23 of criteria for the selection of applicant eligible entities 

24 for grants and loans under this Act. Such criteria shall 

25 be based upon factors that the Secretary considers are ap-
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1 propriate to determine need among communities for Fed2 eral financial assistance for development of indoor disease 

3 prevention and health promotion centers. 

4 (e) REVIEW OF APPLICATIONS AND SELECTION.— 

5 (1) REVIEW PANEL.—The Secretary shall ap6 point a panel of experts in the fields of public recre7 ation, public health, and community health care to 

8 review applications for grants and loans under this 

9 Act and to make recommendations to the Secretary 

10 for selection of such applications for grants and 

11 loans based upon the criteria established pursuant to 

12 subsection (d). 

13 (2) SELECTION.—The Secretary shall select eli14 gible entities that have submitted applications for 

15 grants and loans under this Act to receive such as16 sistance, based upon the criteria established pursu17 ant to subsection (d) and taking into consideration 

18 the recommendations of the panel established pursu19 ant to paragraph (1) of this subsection. 

20 SEC. 7. ALLOCATION OF AMOUNTS. 

21 (a) REGIONAL ALLOCATION.—Of any amounts made 

22 available for assistance under this Act for each fiscal 

23 year— 

24 (1) 50 percent shall be made available for 

25 grants and loans for the development of indoor dis-
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1 ease prevention and health promotion centers that 

2 will be located in units of general local government 

3 having a population of 50,000 or less; and 

4 (2) 50 percent shall be made available for 

5 grants and loans for the development of indoor dis6 ease prevention and health promotion centers that 

7 will be located in units of general local government 

8 having a population of more than 50,000. 

9 (b) ALLOCATION FOR GRANTS AND LOANS.—Of any 

10 amounts made available for assistance under this Act for 

11 each fiscal year, the Secretary shall make not more than 

12 10 percent available for loans under this Act. 

13 SEC. 8. MATCHING FUNDS REQUIREMENT. 

14 (a) IN GENERAL.—The amount of a grant made 

15 under this Act by the Secretary to any eligible entity may 

16 not exceed the amount that the eligible entity certifies, as 

17 the Secretary shall require, that the entity will contribute 

18 from non-Federal sources for the activities under section 

19 5. 

20 (b) SUPPLEMENTAL FUNDS.—In determining the 

21 amount contributed for purposes of meeting the require22 ment under subsection (a), an eligible entity may include 

23 the value of any donated material or building, the value 

24 of any lease on a building, and the value of any adminis25 trative or other costs incurred by an eligible entity relating 
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1 to carrying out the activities assisted with amounts pro2 vided under this Act and amounts contributed under this 

3 section. 

4 SEC. 9. LABOR. 

5 (a) IN GENERAL.—Any contract for activities de6 scribed in section 5 for an indoor center for disease pre7 vention and health promotion that is developed in whole 

8 or in part with amounts made available under this Act 

9 shall contain— 

10 (1) a provision requiring that not less than the 

11 wages prevailing in the locality, as determined or 

12 adopted (subsequent to a determination under appli13 cable State or local law) by the Secretary, shall be 

14 paid to all architects, technical engineers, draftsmen, 

15 and technicians employed in the development of the 

16 center involved; and 

17 (2) a provision requiring that not less than the 

18 wages prevailing in the locality, as predetermined by 

19 the Secretary of Labor pursuant to subchapter IV of 

20 chapter 31 of title 40, United States Code (40 

21 U.S.C. 3141 et seq.), shall be paid to all laborers 

22 and mechanics employed in the development of the 

23 center involved. 

24 (b) COMPLIANCE.—Each eligible entity receiving as25 sistance under this Act shall require certification as to 
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1 compliance with the provisions of this section before mak2 ing any payment under such contract. 

3 (c) INAPPLICABILITY TO VOLUNTEERS.—Subsection 

4 (a) shall not apply if the individual receives no compensa5 tion or is paid expenses, reasonable benefits, or a nominal 

6 fee to perform the services for which the individual volun7 teered and such persons are not otherwise employed at any 

8 time in the development work. 

9 SEC. 10. DEFINITIONS. 

10 For purposes of this Act, the following definitions 

11 shall apply: 

12 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means any entity that, under section 4, is eligi14 ble to receive a grant or loan under this Act. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Housing and Urban Development. 

17 (3) UNIT OF GENERAL LOCAL GOVERNMENT.— 

18 The term ‘‘unit of general local government’’ means 

19 any city, town, township, county, parish, village, or 

20 other general purpose political subdivision of a 

21 State. 

22 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated to the Sec24 retary for grants and loans under this Act— 

25 (1) $100,000,000 for fiscal year 2006; 
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1 (2) $125,000,000 for fiscal year 2007; 

2 (3) $150,000,000 for fiscal year 2008; 

3 (4) $175,000,000 for fiscal year 2009; and 

4 (5) $200,000,000 for fiscal year 2010. 

5 SEC. 12. REGULATIONS. 

6 The Secretary may issue any regulations necessary 

7 to carry out this Act. 

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