I 

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.

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 ‘‘Office of Correctional 

5 Health Act of 2003’’. 
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1 SEC. 2. ESTABLISHMENT OF OFFICE OF CORRECTIONAL 

2 HEALTH. 

3 Title XVII of the Public Health Service Act (42 

4 U.S.C. 300u et seq.) is amended by adding at the end 

5 the following section: 

6 ‘‘OFFICE OF CORRECTIONAL HEALTH

7 ‘‘SEC. 1711. (a) IN GENERAL.—There is established 

8 within the Office of Public Health and Science an office 

9 to be known as the Office of Correctional Health (in this 

10 section referred to as the ‘Office’), which shall be headed 

11 by a director appointed by the Secretary. The Secretary 

12 shall carry out this section acting through the Director 

13 of the Office. 

14 ‘‘(b) GENERAL DUTIES.—

15 ‘‘(1) IN GENERAL.—The Secretary shall carry 

16 out public health activities regarding individuals who 

17 are employees in Federal, State, or local penal or 

18 correctional institutions or who are incarcerated in 

19 such institutions (which activities regarding such in20 dividuals are referred to in this section as ‘correc21 tional health activities’, and which individuals are so 

22 referred to collectively as ‘correctional populations’). 

23 Correctional health activities that may be carried out 

24 under the preceding sentence include activities re25 garding disease prevention, health promotion, service 

26 delivery, research, and health professions education. 
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1 ‘‘(2) CERTAIN TYPES OF INSTITUTIONS.—The 

2 types of penal or correctional institutions with re3 spect to which this section is authorized to be car4 ried out include facilities in which individuals are 

5 held pending judicial proceedings (including individ6 uals who are minors), facilities in which individuals 

7 are held pending administrative proceedings of the 

8 Immigration and Naturalization Service, and facili9 ties in which individuals who are minors are held 

10 pursuant to judicial proceedings in which such indi11 viduals are found, as minors, to have engaged in vio12 lations of law. 

13 ‘‘(c) CERTAIN ACTIVITIES.—In carrying out correc14 tional health activities under subsection (b), the Secretary 

15 shall—

16 ‘‘(1) coordinate all correctional health programs 

17 within the Department of Health and Human Serv18 ices; 

19 ‘‘(2) provide technical support to State and 

20 local correctional agencies on correctional health 

21 issues; 

22 ‘‘(3) cooperate with other Federal agencies car23 rying out correctional health programs to ensure co24 ordination of such programs; 
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1 ‘‘(4) consult with, and provide outreach to, 

2 State directors of correctional health and providers 

3 of correctional health care; 

4 ‘‘(5) facilitate the exchange of information re5 garding correctional health activities; and 

6 ‘‘(6) facilitate collaboration between correctional 

7 facilities and State and local health departments. 

8 ‘‘(d) GRANTS REGARDING HEPATITIS.—

9 ‘‘(1) IN GENERAL.—The Secretary, in consulta10 tion with the Director of the Centers for Disease 

11 Control and Prevention, may make grants to States 

12 for the purpose of providing for correctional popu13 lations screenings, immunizations, and treatment for 

14 hepatitis A, B, and C. 

15 ‘‘(2) DISCRETION OF GRANTEE REGARDING

16 SCOPE OF PROGRAM.—A State receiving a grant 

17 under paragraph (1) may expend the grant for any 

18 or all of the activities authorized in such paragraph. 

19 ‘‘(3) REQUIREMENT OF MATCHING FUNDS.—

20 ‘‘(A) IN GENERAL.—With respect to the 

21 costs of the program to be carried out under 

22 paragraph (1) by a State, the Secretary may 

23 make a grant under such paragraph only if the 

24 State agrees to make available (directly or 

25 through donations from public or private enti-
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1 ties) non-Federal contributions toward such 

2 costs in an amount not less than 20 percent of 

3 such costs ($1 for each $4 of Federal funds 

4 provided in the grant). 

5 ‘‘(B) DETERMINATION OF AMOUNT CON6 TRIBUTED.—Non-Federal contributions re7 quired in subparagraph (A) may be in cash or 

8 in kind, fairly evaluated, including plant, equip9 ment, or services. Amounts provided by the 

10 Federal Government, or services assisted or 

11 subsidized to any significant extent by the Fed12 eral Government, may not be included in deter13 mining the amount of such non-Federal con14 tributions. 

15 ‘‘(4) CERTAIN EXPENDITURES OF GRANT.—The 

16 Secretary may make a grant under paragraph (1) 

17 only if, with respect to the activities to be carried 

18 out with the grant pursuant to paragraph (2), the 

19 State agrees that a portion of the grant will be ex20 pended to carry out such activities at penal or cor21 rectional institutions that are not facilities in which 

22 individuals serve terms of imprisonment, including 

23 facilities in which individuals are held pending judi24 cial proceedings. 
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1 ‘‘(e) ANNUAL REPORT.—The Secretary shall annu2 ally submit to the Congress a report describing the correc3 tional health activities carried out under this section. The 

4 report shall include a description of the status of correc5 tional health activities in the United States. 

6 ‘‘(f) RULE OF CONSTRUCTION REGARDING AGENCY

7 JURISDICTION.—With respect to correctional health pro8 grams that are carried out by agencies of the Public 

9 Health Service and were in operation as of the day before 

10 the date of the enactment of the Office of Correctional 

11 Health Act of 2003, this section may not be construed 

12 as requiring the Secretary to transfer jurisdiction for the 

13 programs from such agencies to the office established in 

14 subsection (a). 

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

16 ‘‘(1) IN GENERAL.—For the purpose of car17 rying out this section, other than subsection (d), 

18 there are authorized to be appropriated such sums 

19 as may be necessary for each of the fiscal years 

20 2004 through 2008. 

21 ‘‘(2) GRANTS REGARDING HEPATITIS.—For the 

22 purpose of carrying out subsection (d), there are au23 thorized to be appropriated $15,000,000 for each of 
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1 the fiscal years 2004 through 2006, and $5,000,000 

2 for each of the fiscal years 2007 and 2008.’’.

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