[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4945 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4945

   To amend the Public Health Service Act to establish a program for 
  promoting good health, disease prevention, and wellness and for the 
 prevention of secondary conditions for persons with disabilities, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2002

Mr. Gilchrest introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to establish a program for 
  promoting good health, disease prevention, and wellness and for the 
 prevention of secondary conditions for persons with disabilities, and 
                          for other purposes.

    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 ``Health Promotion and Disease 
Prevention for Persons with Disabilities Act''.

SEC. 2. ESTABLISHMENT OF HEALTH PROMOTION AND DISEASE PREVENTION 
              PROGRAM FOR PERSONS WITH DISABILITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following new 
section:

``SEC. 399O. ESTABLISHMENT OF HEALTH PROMOTION AND DISEASE PREVENTION 
              PROGRAM FOR PERSONS WITH DISABILITIES.

    ``(a) In General.--The Secretary may make grants to, or enter into 
contracts or cooperative agreements with, public and nonprofit private 
entities for the purpose of carrying out programs for promoting good 
health, disease prevention, and wellness for persons with disabilities 
and preventing secondary conditions in persons with disabilities.
    ``(b) Certain Authorized Activities.--With respect to promoting 
good health and wellness for persons with disabilities described in 
subsection (a), activities for which the Secretary may make a grant 
under such subsection include--
            ``(1) coordinating activities for preventing secondary 
        disabling conditions; for health promotion, disease prevention, 
        disease prevention and wellness for persons with disabilities;
            ``(2) conducting demonstrations and interventions;
            ``(3) conducting surveillances and studies on cost-
        effectiveness and efficacy of interventions;
            ``(4) studying the effects and costs of environmental 
        barriers for persons with disabilities;
            ``(5) educating the public; and
            ``(6) educating and training health professionals 
        (including allied health professionals) and conducting 
        activities to improve the clinical skills of such 
        professionals.
    ``(c) Reports to Secretary.--The Secretary may not make a grant 
under subsection (a) unless the applicant for the grant agrees to 
submit to the Secretary such reports as the Secretary may require with 
respect to the grant.
    ``(d) Priorities.--The Secretary shall establish a National 
Advisory Committee on Health Promotion and Disease Prevention for 
Persons With Disabilities which shall set priorities to carry out this 
section and annually evaluate the progress of the program under this 
section in implementing the priorities.
    ``(e) Requirement of Application.--The Secretary may not make a 
grant under subsection (a) unless an application for such assistance is 
submitted to the Secretary and the application is in such form, is made 
in such manner, and contains such agreements, assurances, and 
information as the Secretary determines to be necessary to carry out 
this section.
    ``(f) Limitation Regarding Education of Health Professionals.-- In 
making grants under subsection (a), the Secretary may not, for 
activities described in subsection (b)(6), obligate more than 10 
percent of the amounts appropriated under subsection (k) for any fiscal 
year.
    ``(g) Technical Assistance.--The Secretary may provide training, 
technical assistance, and consultations with respect to the planning, 
development, and operation of any program preventing secondary 
disabling conditions in persons with disabilities.
    ``(h) Provision of Supplies and Services in Lieu of Funds.--
            ``(1) In general.--On the request of grantee under 
        subsection (a), the Secretary may, subject to paragraph (2), 
        provide supplies, equipment, and services for the purpose of 
        aiding the grantee in carrying out such subsection and, for 
        such purpose, may detail to the grantee any officer or employee 
        of the Department of Health and Human Services.
            ``(2) Corresponding reduction in payments.--With respect to 
        a request described in paragraph (1), the Secretary shall 
        reduce the amount of payments under subsection (a) to the 
        grantee by an amount equal to the costs of detailing personnel 
        (including pay, allowances, and travel expenses) and the fair 
        market value of any supplies, equipment, or services provided 
        by the Secretary. The Secretary shall, for the payment of 
        expenses incurred in complying with such request, expend the 
        amounts withheld.
    ``(i) Evaluations and Reports.--
            ``(1) Evaluations.--The Secretary shall, directly or 
        through contracts with public or private entities, provide for 
        evaluations of programs carried out pursuant to subsection (a).
            ``(2) Reports.--The Secretary shall, not later than 18 
        months after the date of the enactment of the Health Promotion 
        and Disease Prevention for Persons with Disabilities Act, and 
        annually thereafter, submit to the Congress a report 
        summarizing evaluations carried out pursuant to paragraph (1) 
        during the preceding fiscal year.
    ``(j) Definitions.--For purposes of this section:
            ``(1) The term `prevention of secondary conditions' means 
        activities that address the causes of secondary conditions and 
        activities and refer to the functional limitations involved and 
        the elimination or reduction of such limitations, including 
        activities that--
                    ``(A) eliminate or reduce the factors that cause or 
                predispose a person with disabilities to acquire 
                secondary conditions or increase functional 
                limitations;
                    ``(B) increase the early identification of existing 
                problems to eliminate factors that create or increase 
                functional limitations;
                    ``(C) mitigate against the effects of disabilities 
                throughout the life of the individual; and
                    ``(D) implement programs of health promotion, 
                disease prevention and wellness to assure the greatest 
                degree of quality of life for persons with 
                disabilities.
    ``(k) Authorization of Appropriations.--For the purpose of making 
grants and contracts under this section, there are authorized to be 
appropriated such sums as may be necessary.''.
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