Healthy Lifestyles Act of 2004

Mr. President, from time to time the Judicial Conference and the Administrative Office of the U.S. Courts recommend legislative proposals to improve the efficiency and enhance the operations of the Federal courts. I believe that, out of comity to the judicial branch, the Senate should have the judiciary's specific proposals on record so that we can give those suggestions proper consideration.

Today, joined by Senators Leahy, Chambliss, Clinton, Durbin, and Schumer, I am introducing the Federal Courts Improvement Act of 2004. This bill contains both technical and substantive changes in the law. These recommendations made by the judicial branch will improve the judicial process and enhance judiciary personnel administration, benefits, and protections. Some proposals have been carried over from previous Congresses, but the legislation also contains some new proposals which the Federal judiciary believes will improve its operation. I appreciate the support of my cosponsors, and encourage the entire Senate to support this legislation.

Many provisions contained in this bill streamline the operation of the Federal court system or otherwise facilitate judicial operations. The bill authorizes some realignments in the composition or the place of holding court of specified district courts. For example, section 120 would grant emergency authority for circuit, district and bankruptcy courts, as well as magistrate judges, to conduct court proceedings outside the territorial jurisdiction of the court. The need for this legislation has become apparent following the terrorist attacks of September 11, 2001, and the impact of that disaster on court operations, in particular in New York City. In emergency conditions, a Federal court facility in an adjoining district (or circuit) might be more readily and safely available to court personnel, litigants, jurors and the public than a facility at a place of holding court within the district. This is particularly true in major metropolitan areas such as New York, Washington, DC, Dallas and Kansas City, where the metropolitan area includes parts of more than one judicial district.

Other sections of the bill contain provisions that would improve resource management within the judiciary. The bill would improve the procedures for recouping technology costs and also would broaden the courts' investment options and offer an improved procedure for investing court registry funds in Treasury securities. Other provisions increase the approval thresholds for payment vouchers or expand the delegation authority of respect to approving vouchers. These improvements will reduce the amount of time judges must devote to non- judicial matters.

Provisions in this bill also clarify existing law to better fulfill Congress's original intent or to make technical corrections. For example, sections 113 and 114 clarify diversity jurisdiction rules as applied to resident aliens and foreign corporations. Section 117 repeals references to obsolete sections of the U.S. Code.

In addition, the Federal Courts Improvement Act of 2004 also contains provisions designed to improve personnel administration, benefits and protections for employees working for the Federal judiciary. These provisions, in some cases, bring the Federal judicial system in line with the executive branch and other governmental bodies. Other provisions are designed to improve the ability of the judiciary to recruit and retain personnel.

Several sections improve the judicial system in other ways. The bill offers protection of certain information contained in bankruptcy case files, such as Social Security account numbers, from public disclosure. The proposed legislation provides protection against malicious recording of fictitious liens against Federal judges. The bill provides for improving the process for determining Federal court security requirements.

I ask unanimous consent that the text of the legislation, along with a section-by-section analysis of the bill, be printed in the Record.

Mr. President, I am introducing legislation along with Senator Bennett to designate the Federal building located at 324 Twenty-fifth Street in Ogden, Utah, as the James V. Hansen Federal Building.

I am pleased to introduce this measure today to honor my friend from Utah, former Congressman Jim Hansen. I am joined by my colleague Senator Bennett, who has also worked extensively with Congressman Hansen on issues important to the people of Utah.

Congressman Hansen retired last year after serving in the United States House of Representatives, representing Utah's First Congressional District, for 22 years. Before his 11 terms in Congress, he served in the Utah State Legislature for 8 years, where he ascended to the role of speaker of the Utah House of Representatives. For 12 years, he served on the Farmington City Council. He is a veteran of the Korean War and served in the United States Navy.

Congressman Hansen has served the people of Utah with great distinction in the House of Representatives. He served as the Chairman of the House Resources Committee, as a senior member on the Armed Services Committee, and as a member of the House Ethics Committee,. He is one of the three founders of the Western Caucus and served as its chairman from 1988 to 1999.

While serving as the Chairman of the Resources Committee, Congressman Hansen guided hundreds of difficult and complex bills through the legislative process. He sponsored numerous pieces of legislation to protect land in Utah and the Arizona Strip, and designate wilderness lands in Wyoming and Montana.

Congressman Hansen proved to be an effective broker in the Congress, as he crafted numerous agreements that provided sensible policies to encourage multiple use of public lands, preservation of the environment, and sound economic principles. As the Resources Committee Chairman, Congressman Hansen facilitated compromises and negotiated many agreements among diverse parties.

Congressman Hansen also rose to the role of the ranking member of the House Armed Services Committee. He was instrumental in helping preserve Hill Air Force Base through three rounds of base closures. While on the Committee, he led the effort to stop President Clinton's attempt to transfer work being conducted at Hill Air Force Base to California. He came to be known as an expert leader on defense issues, and he has a distinguished reputation for speaking with authority on intricate military topics.

Congressman Hansen served longer than any member to date on the House Committee on Standards of Official Conduct. His colleagues in the House reappointed him three times, and in the third term he served as Chairman. When Hansen was a freshman in Congress, he worked with President Ronald Regan to establish the Presidential Commission on Drunk Driving. In the first year of the program, the number of deaths resulting from drunk driving declined by 4,700.

Over the course of his life, Congressman Hansen has built a reputation as a decent, commonsense, hard-working public servant. He is respected by members on both sides of the aisle as a straightforward, rational lawmaker who works hard to reach sensible solutions.

Mr. President, it is only fitting that the Federal building in Ogden bear Congressman Hansen's name. He devoted time, energy, and talent to improving the State of Utah. The name of Jim Hansen will bring a level of trust, a level of fairness, and a level of understanding to all who enter this building. His name will continue to be synonymous with excellence in public service in Utah.

Congressman Hansen advocated what was best for his constituents and what was best for the Nation. I thank Congressman Hansen, and I wish him the best in the activities he chooses to pursue.

Senator Bennett and I are pleased to introduce this companion legislation in the Senate. I note that Representative Cannon has introduced a companion bill which has been passed by the House of Representatives. I hope this measure will be approved by the Senate in short order.

Mr. President, I rise today to introduce the Healthy Lifestyles Act of 2004 with Senator Kennedy. This bill places the crafting of the Dietary Guidelines for Americans squarely on the shoulders of the independent Institute of Medicine of the National Academies of Sciences. This bill also establishes several grant programs to help curb the obesity epidemic that plagues more than one- third of Americans.

In the United States, approximately 300,000 of our citizens die each year as a result of being overweight or obese. This information becomes even more dire when you consider that 64 percent of adults and 13 percent of children and adolescents are overweight, according to the Centers for Disease Control and Prevention. More staggering, twice as many children and three times as many adolescents are characterized as overweight today as in 1980--when the Federal Government, through the U.S. Department of Agriculture, first published the Dietary Guidelines. In 1990, Congress took a larger role in the establishment of these Guidelines and passed legislation requiring the USDA and HHS to review, and, if necessary, revise the Guidelines every 5 years.

According to the CDC, in 1985, in no State in the union were more than 14 percent of the resident's obese, but in 2001, in every State but Colorado more than 15 percent of residents were obese. My own State of Illinois dramatically demonstrates this disturbing trend. According to CDC, in 1985, less than 10 percent of Illinois residents were obese. By 2001, between 20 and 24 percent of Illinois residents were obese.

Furthermore, according to the CDC, the medical expenses of the overweight and obese accounted for 9.1 percent of total U.S. medical expenditures in 1998 and may have reached as high as $78.5 billion. Approximately half of these costs were paid by Medicaid and Medicare.

It is time to fix this dysfunctional system. By placing the IOM in charge of drafting the Dietary Guidelines, we can help to ensure that the Guidelines

are based upon unbiased, sound, scientific evidence rather than which organization has the greatest influence. When dealing with the health and welfare of Americans, we can expect no less.

Additionally, this measure directs the IOM to examine nutrition programs run by the Federal Government, an important step to discern whether USDA, HHS, and other Federal agencies are properly conducting nutrition research.

While many factors contribute to this growing health crisis, the problem, in part, may be attributed to a lack of nutrition and fitness information available to the public, especially among low-income groups. This bill will help our communities to a better job of educating Americans about proper nutrition and the serious risks associated with obesity. The Federal Government can fund all the research that it wants, but that research will do no good unless it is properly communicated to the public.

This legislation empowers schools, local and State governments, and employers, through grant programs, to establish obesity-prevention initiatives. We can only limit the prevalence of obesity in America by empowering the individual through grassroots and community programs to change their eating and exercise behaviors. Obesity is not only a preventable disease, it is a curable disease. By encouraging more physical activity and better eating habits, we can help reduce the size of waistbands in America and help curb heart disease, type II diabetes rates, and other obesity-related diseases.

In communities at risk for poor nutrition, this legislation provides grant funding to help promote the consumption of foods that are consistent with the Dietary Guidelines and to promote water as the main daily drink choice for people. The measure provides grants to train health professionals and health science students in identifying, preventing, and treating obesity-related conditions.

With 64 percent of the people in our country classified as overweight or obese, it is obvious that the Dietary Guidelines and Federal nutrition monitoring programs have failed. I thank Senator Kennedy for joining me today to introduce the Healthy Lifestyles Act of 2004. We owe it to the American people to disseminate unbiased, sound, scientific nutrition information. I urge my colleagues to support this important piece of legislation.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the Healthy Lifestyles Act of 2004 with Senator Kennedy. This bill places the crafting of the Dietary Guidelines for Americans squarely on the shoulders of the independent Institute of Medicine of the National Academies of Sciences. This bill also establishes several grant programs to help curb the obesity epidemic that plagues more than one- third of Americans.

In the United States, approximately 300,000 of our citizens die each year as a result of being overweight or obese. This information becomes even more dire when you consider that 64 percent of adults and 13 percent of children and adolescents are overweight, according to the Centers for Disease Control and Prevention. More staggering, twice as many children and three times as many adolescents are characterized as overweight today as in 1980--when the Federal Government, through the U.S. Department of Agriculture, first published the Dietary Guidelines. In 1990, Congress took a larger role in the establishment of these Guidelines and passed legislation requiring the USDA and HHS to review, and, if necessary, revise the Guidelines every 5 years.

According to the CDC, in 1985, in no State in the union were more than 14 percent of the resident's obese, but in 2001, in every State but Colorado more than 15 percent of residents were obese. My own State of Illinois dramatically demonstrates this disturbing trend. According to CDC, in 1985, less than 10 percent of Illinois residents were obese. By 2001, between 20 and 24 percent of Illinois residents were obese.

Furthermore, according to the CDC, the medical expenses of the overweight and obese accounted for 9.1 percent of total U.S. medical expenditures in 1998 and may have reached as high as $78.5 billion. Approximately half of these costs were paid by Medicaid and Medicare.

It is time to fix this dysfunctional system. By placing the IOM in charge of drafting the Dietary Guidelines, we can help to ensure that the Guidelines

are based upon unbiased, sound, scientific evidence rather than which organization has the greatest influence. When dealing with the health and welfare of Americans, we can expect no less.

Additionally, this measure directs the IOM to examine nutrition programs run by the Federal Government, an important step to discern whether USDA, HHS, and other Federal agencies are properly conducting nutrition research.

While many factors contribute to this growing health crisis, the problem, in part, may be attributed to a lack of nutrition and fitness information available to the public, especially among low-income groups. This bill will help our communities to a better job of educating Americans about proper nutrition and the serious risks associated with obesity. The Federal Government can fund all the research that it wants, but that research will do no good unless it is properly communicated to the public.

This legislation empowers schools, local and State governments, and employers, through grant programs, to establish obesity-prevention initiatives. We can only limit the prevalence of obesity in America by empowering the individual through grassroots and community programs to change their eating and exercise behaviors. Obesity is not only a preventable disease, it is a curable disease. By encouraging more physical activity and better eating habits, we can help reduce the size of waistbands in America and help curb heart disease, type II diabetes rates, and other obesity-related diseases.

In communities at risk for poor nutrition, this legislation provides grant funding to help promote the consumption of foods that are consistent with the Dietary Guidelines and to promote water as the main daily drink choice for people. The measure provides grants to train health professionals and health science students in identifying, preventing, and treating obesity-related conditions.

With 64 percent of the people in our country classified as overweight or obese, it is obvious that the Dietary Guidelines and Federal nutrition monitoring programs have failed. I thank Senator Kennedy for joining me today to introduce the Healthy Lifestyles Act of 2004. We owe it to the American people to disseminate unbiased, sound, scientific nutrition information. I urge my colleagues to support this important piece of legislation.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I am pleased to introduce today the Theodore Roosevelt Commemorative Coin Act, which would commemorate the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt. This bill authorizes the Secretary of the Treasury to mint and issue coins bearing the likeness of Theodore Roosevelt. The sales of these coins would support programs to educate the public about the impressive achievements of our 26th President.

As those of my colleagues who have studied Roosevelt's life are aware, my state has a special connection with Theodore Roosevelt. Roosevelt liked to say that the years he spent in the Badlands of North Dakota were the best of his life. He even attributed his success as President to his experiences as a hunter and rancher in western North Dakota. It is with great pride, then, that I introduce the Theodore Roosevelt Commemorative Coin Act, which honors President Roosevelt's foreign policy achievements and commitment to conservation in this country. In particular, the bill highlights his success in drawing up the 1905 peace treaty ending the Russo-Japanese War. This accomplishment earned him the 1906 Nobel Peace Prize--making him the first citizen of the United States to receive the Peace Prize. Moreover, the bill pays tribute to his enduring respect for our Nation's wildlife and natural resources. Over his tenure as

President, Roosevelt established 51 bird reserves, 4 game preserves, 150 national forests, 5 national parks, and 18 national monuments, totaling nearly 230 million acres of land placed under public protection.

It is fitting, therefore, that the proceeds from the surcharge associated with the coin be used for educational programs at two very important sites in the life of Theodore Roosevelt--his home in New York, Sagamore Hill National Historic Site, and the national park that bears his name and honors his conservation efforts, Theodore Roosevelt National Park, located in Medora, ND. These two sites played a significant role in the development of Teddy Roosevelt's policies and offered him refuge away from the stress associated with public life.

In addition, the bill would provide funds for the maintenance and acquisition of the largest collection of Roosevelt's unofficial papers, which is housed in the Harvard Library. The Theodore Roosevelt Collection is second only to the Library of Congress's collection of Roosevelt's presidential papers, and the funds raised by this bill would aid in the Collection's goal of purchasing additional Roosevelt materials, which will be preserved and exhibited throughout history.

As a North Dakotan and an American, it is my hope that this bill will renew interest in the life of Theodore Roosevelt. Roosevelt's courage, patriotism, optimism, and spirit reflect what is best about our country, and he is remembered not only as a great statesman, but also a friend to the environment. I encourage my colleagues to support this important legislation to honor Theodore Roosevelt's contributions to U.S. foreign and domestic policy and build upon his efforts to promote respect for our nation's lands.

Mr. President, it is a privilege to join Senator Fitzgerald in introducing the Healthy Lifestyles Act. This important bill will give families greater access to practical information on nutrition and physical activity and enable Americans of all ages, especially the young, to live healthier, fitter, and longer lives.

Two-thirds of our citizens are overweight. The cost of diseases associated with obesity has been estimated at $117 billion each year. Physical inactivity and unhealthy eating, the two primary causes, are responsible for at least 300,000 preventable deaths each year in the United States, and they increase the risk of many chronic diseases, including cancer, diabetes and cardiovascular diseases.

Environments that promote poor nutrition and sedentary lifestyles are major causes of this public health epidemic. The numerous messages and advertisements from various sources about what and how much to eat have produced serious public confusion about good nutrition. Many citizens would like to be more active but live in ways that discourage exercise and vigorous lifestyles that involve walking, bicycling, or other similar activities.

The Healthy Lifestyles Act is a major step in addressing these challenges. It establishes a partnership between the Department of Health and Human Services and the Institute of Medicine to conduct a comprehensive assessment of what is being done by whom on nutrition guidelines and education. The Institute of Medicine is eminently respected for its scientifically sound opinions on health issues. Its study will provide indispensable oversight for the development and dissemination of national nutrition guidelines, and an independent impartial source of nutrition information for the public.

The legislation also supports community outreach programs to support healthy nutrition and physical activity. Communities will be able to conduct campaigns encouraging consumption of healthy foods, and after- school programs will be available to encourage exercise and good nutrition for children. Support will be available for each state for obesity prevention and control programs, to encourage coordinated ongoing efforts to enhance awareness of guidelines for healthy eating and activity.

Finally, the legislation assures that the information will be widely available to the public and to health professionals. State-of-the-art curricula will be developed to educate and train professionals about nutrition education and counseling.

The Healthy Lifestyles Act is only a first step in preventing unhealthy nutrition environments by ensuring consistency and high quality in dietary information, and improving physical activity in our communities. Working together we can halt this worsening public health epidemic. I commend Senator Fitzgerald for his leadership, and I urge our colleagues in Congress to support the Healthy Lifestyles Act.