[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1993 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1993

   To amend the Public Health Service Act to establish an Office of 
                          Correctional Health.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2003

 Mr. Strickland (for himself, Mr. Holden, Mr. Waxman, Mr. Conyers, Mr. 
Rangel, Mr. Cummings, Mr. Ford, Mr. Gutierrez, Mr. Pallone, Mr. Ryan of 
 Ohio, Mr. Scott of Georgia, and Mr. Lewis of Georgia) 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 an Office of 
                          Correctional Health.

    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 ``Office of Correctional Health Act of 
2003''.

SEC. 2. ESTABLISHMENT OF OFFICE OF CORRECTIONAL HEALTH.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et 
seq.) is amended by adding at the end the following section:

                    ``office of correctional health

    ``Sec. 1711. (a) In General.--There is established within the 
Office of Public Health and Science an office to be known as the Office 
of Correctional Health (in this section referred to as the `Office'), 
which shall be headed by a director appointed by the Secretary. The 
Secretary shall carry out this section acting through the Director of 
the Office.
    ``(b) General Duties.--
            ``(1) In general.--The Secretary shall carry out public 
        health activities regarding individuals who are employees in 
        Federal, State, or local penal or correctional institutions or 
        who are incarcerated in such institutions (which activities 
        regarding such individuals are referred to in this section as 
        `correctional health activities', and which individuals are so 
        referred to collectively as `correctional populations'). 
        Correctional health activities that may be carried out under 
        the preceding sentence include activities regarding disease 
        prevention, health promotion, service delivery, research, and 
        health professions education.
            ``(2) Certain types of institutions.--The types of penal or 
        correctional institutions with respect to which this section is 
        authorized to be carried out include facilities in which 
        individuals are held pending judicial proceedings (including 
        individuals who are minors), facilities in which individuals 
        are held pending administrative proceedings of the Immigration 
        and Naturalization Service, and facilities in which individuals 
        who are minors are held pursuant to judicial proceedings in 
        which such individuals are found, as minors, to have engaged in 
        violations of law.
    ``(c) Certain Activities.--In carrying out correctional health 
activities under subsection (b), the Secretary shall--
            ``(1) coordinate all correctional health programs within 
        the Department of Health and Human Services;
            ``(2) provide technical support to State and local 
        correctional agencies on correctional health issues;
            ``(3) cooperate with other Federal agencies carrying out 
        correctional health programs to ensure coordination of such 
        programs;
            ``(4) consult with, and provide outreach to, State 
        directors of correctional health and providers of correctional 
        health care;
            ``(5) facilitate the exchange of information regarding 
        correctional health activities; and
            ``(6) facilitate collaboration between correctional 
        facilities and State and local health departments.
    ``(d) Grants Regarding Hepatitis.--
            ``(1) In general.--The Secretary, in consultation with the 
        Director of the Centers for Disease Control and Prevention, may 
        make grants to States for the purpose of providing for 
        correctional populations screenings, immunizations, and 
        treatment for hepatitis A, B, and C.
            ``(2) Discretion of grantee regarding scope of program.--A 
        State receiving a grant under paragraph (1) may expend the 
        grant for any or all of the activities authorized in such 
        paragraph.
            ``(3) Requirement of matching funds.--
                    ``(A) In general.--With respect to the costs of the 
                program to be carried out under paragraph (1) by a 
                State, the Secretary may make a grant under such 
                paragraph only if the State agrees to make available 
                (directly or through donations from public or private 
                entities) non-Federal contributions toward such costs 
                in an amount not less than 20 percent of such costs ($1 
                for each $4 of Federal funds provided in the grant).
                    ``(B) Determination of amount contributed.--Non-
                Federal contributions required in subparagraph (A) may 
                be in cash or in kind, fairly evaluated, including 
                plant, equipment, or services. Amounts provided by the 
                Federal Government, or services assisted or subsidized 
                to any significant extent by the Federal Government, 
                may not be included in determining the amount of such 
                non-Federal contributions.
            ``(4) Certain expenditures of grant.--The Secretary may 
        make a grant under paragraph (1) only if, with respect to the 
        activities to be carried out with the grant pursuant to 
        paragraph (2), the State agrees that a portion of the grant 
        will be expended to carry out such activities at penal or 
        correctional institutions that are not facilities in which 
        individuals serve terms of imprisonment, including facilities 
        in which individuals are held pending judicial proceedings.
    ``(e) Annual Report.--The Secretary shall annually submit to the 
Congress a report describing the correctional health activities carried 
out under this section. The report shall include a description of the 
status of correctional health activities in the United States.
    ``(f) Rule of Construction Regarding Agency Jurisdiction.--With 
respect to correctional health programs that are carried out by 
agencies of the Public Health Service and were in operation as of the 
day before the date of the enactment of the Office of Correctional 
Health Act of 2003, this section may not be construed as requiring the 
Secretary to transfer jurisdiction for the programs from such agencies 
to the office established in subsection (a).
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this 
        section, other than subsection (d), there are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2004 through 2008.
            ``(2) Grants regarding hepatitis.--For the purpose of 
        carrying out subsection (d), there are authorized to be 
        appropriated $15,000,000 for each of the fiscal years 2004 
        through 2006, and $5,000,000 for each of the fiscal years 2007 
        and 2008.''.
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