I 

108TH CONGRESS 

1ST SESSION H. R. 2292

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 2, 2003

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.

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 ‘‘Health Promotion and 

5 Disease Prevention for Persons with Disabilities Act’’. 
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1 SEC. 2. ESTABLISHMENT OF HEALTH PROMOTION AND DIS2 EASE PREVENTION PROGRAM FOR PERSONS 

3 WITH DISABILITIES. 

4 Part P of title III of the Public Health Service Act 

5 (42 U.S.C. 280g et seq.) is amended by adding at the end 

6 the following new section: 

7 ‘‘SEC. 399O. ESTABLISHMENT OF HEALTH PROMOTION AND 

8 DISEASE PREVENTION PROGRAM FOR PER9 SONS WITH DISABILITIES. 

10 ‘‘(a) IN GENERAL.—The Secretary may make grants 

11 to, or enter into contracts or cooperative agreements with, 

12 public and nonprofit private entities for the purpose of 

13 carrying out programs for promoting good health, disease 

14 prevention, and wellness for persons with disabilities and 

15 preventing secondary conditions in persons with disabil16 ities. 

17 ‘‘(b) CERTAIN AUTHORIZED ACTIVITIES.—With re18 spect to promoting good health and wellness for persons 

19 with disabilities described in subsection (a), activities for 

20 which the Secretary may make a grant under such sub21 section include—

22 ‘‘(1) coordinating activities for preventing sec23 ondary disabling conditions; for health promotion, 

24 disease prevention, disease prevention and wellness 

25 for persons with disabilities; 
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1 ‘‘(2) conducting demonstrations and interven2 tions; 

3 ‘‘(3) conducting surveillances and studies on 

4 cost-effectiveness and efficacy of interventions; 

5 ‘‘(4) studying the effects and costs of environ6 mental barriers for persons with disabilities; 

7 ‘‘(5) educating the public; and 

8 ‘‘(6) educating and training health professionals 

9 (including allied health professionals) and con10 ducting activities to improve the clinical skills of 

11 such professionals. 

12 ‘‘(c) REPORTS TO SECRETARY.—The Secretary may 

13 not make a grant under subsection (a) unless the appli14 cant for the grant agrees to submit to the Secretary such 

15 reports as the Secretary may require with respect to the 

16 grant. 

17 ‘‘(d) PRIORITIES.—The Secretary shall establish a 

18 National Advisory Committee on Health Promotion and 

19 Disease Prevention for Persons With Disabilities which 

20 shall set priorities to carry out this section and annually 

21 evaluate the progress of the program under this section 

22 in implementing the priorities. 

23 ‘‘(e) REQUIREMENT OF APPLICATION.—The Sec24 retary may not make a grant under subsection (a) unless 

25 an application for such assistance is submitted to the Sec-
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1 retary and the application is in such form, is made in such 

2 manner, and contains such agreements, assurances, and 

3 information as the Secretary determines to be necessary 

4 to carry out this section. 

5 ‘‘(f) LIMITATION REGARDING EDUCATION OF

6 HEALTH PROFESSIONALS.—In making grants under sub7 section (a), the Secretary may not, for activities described 

8 in subsection (b)(6), obligate more than 10 percent of the 

9 amounts appropriated under subsection (k) for any fiscal 

10 year. 

11 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary may 

12 provide training, technical assistance, and consultations 

13 with respect to the planning, development, and operation 

14 of any program preventing secondary disabling conditions 

15 in persons with disabilities. 

16 ‘‘(h) PROVISIONS OF SUPPLIES AND SERVICES IN

17 LIEU OF FUNDS.—

18 ‘‘(1) IN GENERAL.—On the request of grantee 

19 under subsection (a), the Secretary may, subject to 

20 paragraph (2), provide supplies, equipment, and 

21 services for the purpose of aiding the grantee in car22 rying out such subsection and, for such purpose, 

23 may detail to the grantee any officer or employee of 

24 the Department of Health and Human Services. 
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1 ‘‘(2) CORRESPONDING REDUCTION IN PAY2 MENTS.—With respect to a request described in 

3 paragraph (1), the Secretary shall reduce the 

4 amount of payments under subsection (a) to the 

5 grantee by an amount equal to the costs of detailing 

6 personnel (including pay, allowances, and travel ex7 penses) and the fair market value of any supplies, 

8 equipment, or services provided by the Secretary. 

9 The Secretary shall, for the payment of expenses in10 curred in complying with such request, expend the 

11 amounts withheld. 

12 ‘‘(i) EVALUATIONS AND REPORTS.—

13 ‘‘(1) EVALUATIONS.—The Secretary shall, di14 rectly or through contracts with public or private en15 tities, provide for evaluations of programs carried 

16 out pursuant to subsection (a). 

17 ‘‘(2) REPORTS.—The Secretary shall, not later 

18 than 18 months after the date of the enactment of 

19 the Health Promotion and Disease Prevention for 

20 Persons with Disabilities Act, and annually there21 after, submit to the Congress a report summarizing 

22 evaluations carried out pursuant to paragraph (1) 

23 during the preceding fiscal year. 

24 ‘‘(j) DEFINITIONS.—For purposes of this section: 
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1 ‘‘(1) The term ‘prevention of secondary condi2 tions’ means activities that address the causes of 

3 secondary conditions and activities and refer to the 

4 functional limitations involved and the elimination or 

5 reduction of such limitations, including activities 

6 that—

7 ‘‘(A) eliminate or reduce the factors that 

8 cause or predispose a person with disabilities to 

9 acquire secondary conditions or increase func10 tional limitations; 

11 ‘‘(B) increase the early identification of ex12 isting problems to eliminate factors that create 

13 or increase functional limitations; 

14 ‘‘(C) mitigate against the effects of disabil15 ities throughout the life of the individual; and 

16 ‘‘(D) implement programs of health pro17 motion, disease prevention and wellness to as18 sure the greatest degree of quality of life for 

19 persons with disabilities. 

20 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—For the 

21 purpose of making grants and contracts under this sec22 tion, there are authorized to be appropriated such sums 

23 as may be necessary.’’.

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