I
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 pur-
poses.
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 pro-
gram 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 Representa-
tives 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 DIS-
EASE 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 PER-
SONS 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 disabil-
ities.
‘‘(b) CERTAIN AUTHORIZED ACTIVITIES.—With re-
spect 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 sub-
section include—
‘‘(1) coordinating activities for preventing sec-
ondary disabling conditions; for health promotion,
disease prevention, disease prevention and wellness
for persons with disabilities;
‘‘(2) conducting demonstrations and interven-
tions;
‘‘(3) conducting surveillances and studies on
cost-effectiveness and efficacy of interventions;
‘‘(4) studying the effects and costs of environ-
mental barriers for persons with disabilities;
‘‘(5) educating the public; and
‘‘(6) educating and training health professionals
(including allied health professionals) and con-
ducting 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 appli-
cant 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 Sec-
retary may not make a grant under subsection (a) unless
an application for such assistance is submitted to the Sec-
retary 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 sub-
section (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 car-
rying 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
PAY-
MENTS.—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 ex-
penses) and the fair market value of any supplies,
equipment, or services provided by the Secretary.
The Secretary shall, for the payment of expenses in-
curred in complying with such request, expend the
amounts withheld.
‘‘(i) EVALUATIONS AND REPORTS.—
‘‘(1) EVALUATIONS.—The Secretary shall, di-
rectly or through contracts with public or private en-
tities, 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 there-
after, 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 condi-
tions’ 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 func-
tional limitations;
‘‘(B) increase the early identification of ex-
isting problems to eliminate factors that create
or increase functional limitations;
‘‘(C) mitigate against the effects of disabil-
ities throughout the life of the individual; and
‘‘(D) implement programs of health pro-
motion, disease prevention and wellness to as-
sure 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 sec-
tion, there are authorized to be appropriated such sums
as may be necessary.’’.
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