I
107TH CONGRESS
2D SESSION
H. R. 5306
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
JULY 26, 2002
Mr. SANDERS introduced the following bill; which was referred to the Com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Urban and Rural Dis-
ease Prevention and Health Promotion Act of 2002’’.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) in 1999, 61 percent of adults in the United
States were overweight or obese;
(2) all age, racial, and ethnic groups, and both
genders, have experienced increases in the percent-
age of persons who are overweight or obese;
(3) each year in the United States, approxi-
mately 300,000 deaths are associated with obesity;
(4) overweight and obesity are associated with
heart disease, certain types of cancer, type 2 diabe-
tes, stroke, arthritis, breathing problems, and psy-
chological disorders, such as depression;
(5) in 2000, the economic cost of obesity in the
United States was approximately $117,000,000,000;
(6) it is recommended that American adults ac-
cumulate at least 30 minutes, and American chil-
dren accumulate at least 60 minutes, of moderate
physical activity most days of the week, though more
may be needed to prevent weight gain, to lose
weight, or to maintain weight loss;
(7) less than one-third of American adults en-
gage in these recommended amounts of physical ac-
tivity;
(8) 40 percent of adults in the United States do
not participate in any leisure-time physical activity;
(9) physical activity is important in preventing
and treating overweight and obesity and is extremely
helpful in maintaining weight loss, especially when
combined with healthy eating;
(10) there is a direct positive relationship be-
tween the level of individual and community use of
public recreational facilities and services, access to
and condition of such facilities, and the diversity and
quality of services relative to current and potential
uses; and
(11) medical and other research document a di-
rect positive relationship between active recreation
and disease prevention and general wellness.
SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE
PREVENTION AND HEALTH PROMOTION CEN-
TERS.
(a) AUTHORITY.—The Secretary of Housing and
Urban Development may make grants and loans in accord-
ance with this Act to eligible entities under section 4 for
the development of indoor centers for disease prevention
and health promotion.
(b) CENTERS.—For purposes of this Act, the term
‘‘indoor disease prevention and health promotion center’’
means a structure or facility, or a portion thereof, that—
(1) is used principally as an indoor recreational
facility providing services, programs, and activities
that result in disease prevention and health pro-
motion, including direct recreation services for indi-
viduals and groups, information on public and per-
sonal health and wellness, health screening, and
other necessary services in collaboration with public
and private health professionals and other entities;
(2) is owned or controlled by the eligible entity
that receives the grant or loan under this Act;
(3) is available for use by, and provides services
to, residents of the jurisdiction of such eligible entity
free of charge or at a charge not exceeding that nec-
essary to provide for operation and maintenance of
the facility and for appropriate public recreation
services; and
(4) is subject to such legally binding and en-
forceable commitments, as the Secretary shall re-
quire, to ensure that the structure or facility, or por-
tion thereof, is used as provided in paragraph (1) for
the 25-year period beginning upon the receipt of a
grant or loan made under this Act; except that the
Secretary may, upon the request of a entity that re-
ceived a grant or loan under this Act, waive the ap-
plicability of such commitments if the Secretary
finds that—
(A) environmental or other conditions have
substantially reduced the public value of the fa-
cility or public access to the facility; or
(B) the site or facility has substantially de-
teriorated, through no fault of the entity that
received the grant or loan, and such entity en-
ters into an agreement with the Secretary to
obtain or provide a replacement facility that
generally provides access to services for persons
that were served at the original facility.
SEC. 4. ELIGIBLE ENTITIES.
Grants and loans under this Act may be made only
to the following entities:
(1) A unit of general local government.
(2) An official State, metropolitan, regional, or
other area agency, district, public-purpose corpora-
tion, or other limited-purpose political subdivision of
a State, that is empowered under State or local laws
or under an interstate compact or agreement to
manage, administer, or provide public parks and rec-
reational facilities.
(3) Public authorities or agencies associated
with economic or community development or restora-
tion, whose activities support capital investments for
public recreation.
SEC. 5. ELIGIBLE USES OF ASSISTANCE.
Amounts from a grant or loan under this Act may
be used only for the development of indoor centers for dis-
ease prevention and health promotion, which shall include
the following activities:
(1) Planning.
(2) Design.
(3) Site acquisition, preparation, and construc-
tion.
(4) Assessment of, and response to, site envi-
ronmental conditions.
(5) Landscaping.
(6) New construction.
(7) Rehabilitation of existing recreational struc-
tures and facilities.
(8) Enhancement and expansion of public infra-
structure.
(9) Acquisition and conversion of existing non-
recreational structures and facilities.
SEC. 6. GRANT AND LOAN REQUIREMENTS.
(a) AMOUNT.—The Secretary may not make a grant
or loan under this Act for any fiscal year to any eligible
entity that has received a grant or loan during any of the
preceding three fiscal years.
(b) LOANS.—Loans made with amounts made avail-
able under this Act shall be subject to the following re-
quirements:
(1) NO
INTEREST
LOANS.—Loans shall not
bear interest.
(2) TERM.—Loans shall have a term to matu-
rity not to exceed 10 years.
(3) REVOLVING
LOAN
FUND.—Loan amounts
repaid to the Secretary shall be available to the Sec-
retary, without fiscal year limitation, for making ad-
ditional loans under this Act.
(4) OTHER CONDITIONS.—Loans shall be sub-
ject to such other terms and conditions as the Sec-
retary may establish.
(c) APPLICATIONS.—The Secretary shall provide for
eligible entities to submit applications for grants and loans
under this Act.
(d) SELECTION CRITERIA.—Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall cause to be published in the Federal Register a list
of criteria for the selection of applicant eligible entities
for grants and loans under this Act. Such criteria shall
be based upon factors that the Secretary considers are ap-
propriate to determine need among communities for Fed-
eral financial assistance for development of indoor disease
prevention and health promotion centers.
(e) REVIEW OF APPLICATIONS AND SELECTION.—
(1) REVIEW PANEL.—The Secretary shall ap-
point a panel of experts in the fields of public recre-
ation, public health, and community health care to
review applications for grants and loans under this
Act and to make recommendations to the Secretary
for selection of such applications for grants and
loans based upon the criteria established pursuant to
subsection (d).
(2) SELECTION.—The Secretary shall select eli-
gible entities that have submitted applications for
grants and loans under this Act to receive such as-
sistance, based upon the criteria established pursu-
ant to subsection (d) and taking into consideration
the recommendations of the panel established pursu-
ant to paragraph (1) of this subsection.
SEC. 7. ALLOCATION OF AMOUNTS.
(a) REGIONAL ALLOCATION.—Of any amounts made
available for assistance under this Act for each fiscal
year—
(1) 50 percent shall be made available for
grants and loans for the development of indoor dis-
ease prevention and health promotion centers that
will be located in units of general local government
having a population of 50,000 or less; and
(2) 50 percent shall be made available for
grants and loans for the development of indoor dis-
ease prevention and health promotion centers that
will be located in units of general local government
having a population of more than 50,000.
(b) ALLOCATION FOR GRANTS AND LOANS.—Of any
amounts made available for assistance under this Act for
each fiscal year, the Secretary shall make not more than
10 percent available for loans under this Act.
SEC. 8. MATCHING FUNDS REQUIREMENT.
(a) IN GENERAL.—The amount of a grant made
under this Act by the Secretary to any eligible entity may
not exceed the amount that the eligible entity certifies, as
the Secretary shall require, that the entity will contribute
from non-Federal sources for the activities under section
5.
(b) SUPPLEMENTAL FUNDS.—In determining the
amount contributed for purposes of meeting the require-
ment under subsection (a), an eligible entity may include
the value of any donated material or building, the value
of any lease on a building, and the value of any adminis-
trative or other costs incurred by an eligible entity relating
to carrying out the activities assisted with amounts pro-
vided under this Act and amounts contributed under this
section.
SEC. 9. LABOR.
(a) IN GENERAL.—Any contract for activities de-
scribed in section 5 for an indoor center for disease pre-
vention and health promotion that is developed in whole
or in part with amounts made available under this Act
shall contain—
(1) a provision requiring that not less than the
wages prevailing in the locality, as determined or
adopted (subsequent to a determination under appli-
cable State or local law) by the Secretary, shall be
paid to all architects, technical engineers, draftsmen,
and technicians employed in the development of the
center involved; and
(2) a provision requiring that not less than the
wages prevailing in the locality, as predetermined by
the Secretary of Labor pursuant to the Davis-Bacon
Act (40 U.S.C. 276a—276a–5), shall be paid to all
laborers and mechanics employed in the development
of the center involved.
(b) COMPLIANCE.—Each eligible entity receiving as-
sistance under this Act shall require certification as to
compliance with the provisions of this section before mak-
ing any payment under such contract.
(c) INAPPLICABILITY TO VOLUNTEERS.—Subsection
(a) shall not apply if the individual receives no compensa-
tion or is paid expenses, reasonable benefits, or a nominal
fee to perform the services for which the individual volun-
teered and such persons are not otherwise employed at any
time in the development work.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any entity that, under section 4, is eligi-
ble to receive a grant or loan under this Act.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
(3) UNIT OF GENERAL LOCAL GOVERNMENT.—
The term ‘‘unit of general local government’’ means
any city, town, township, county, parish, village, or
other general purpose political subdivision of a
State.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Sec-
retary for grants and loans under this Act—
(1) $100,000,000 for fiscal year 2003;
(2) $125,000,000 for fiscal year 2004;
(3) $150,000,000 for fiscal year 2005;
(4) $175,000,000 for fiscal year 2006; and
(5) $200,000,000 for fiscal year 2007.
SEC. 12. REGULATIONS.
The Secretary may issue any regulations necessary
to carry out this Act.
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