I 
109TH CONGRESS 
1ST SESSION H. R. 2328 
To establish a grant program to provide follow-up treatment for children 
identified to have a vision disorder. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2005 
Mr. FOSSELLA (for himself, Mr. STEARNS, Mr. BAKER, Mr. SHAW, Mr. 
PALLONE, Mr. TOWNS, Mrs. KELLY, and Mr. SESSIONS) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To establish a grant program to provide follow-up treatment 
for children identified to have a vision disorder. 
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 ‘‘Children’s Access to 
Vision Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds as follows:
(1) Good vision is essential for proper physical 
development and educational progress in growing 
children. 
(2) Many serious ocular conditions are treatable 
if identified in the preschool and early school-aged 
years. 
(3) Early detection of ocular conditions provides 
the best opportunity for effective, inexpensive treat-
ment and can have far reaching implications for vi-
sion. 
(4) Widespread use of identification methods, 
whether vision screening programs, or comprehensive 
eye exams required by State law, will identify chil-
dren needing services. A child identified through vi-
sion screening should receive a comprehensive eye 
exam followed by subsequent treatment as needed. A 
child identified through a comprehensive eye exam 
should receive subsequent treatment as needed. All 
children identified as needing services should have 
access to subsequent treatment as needed. 
SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMI-
NATIONS FOR CHILDREN. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’), acting through the Director of the Centers for
Disease Control and Prevention, may make grants to 
States on the basis of an established review process for 
the purpose of— 
(1) providing comprehensive eye examinations 
for children who have been identified by a licensed 
health care provider or vision screener as needing 
such services, with priority given to children who are 
under the age of 9; 
(2) providing for children subsequent treatment 
or services necessary to correct vision problems; and 
(3) developing and disseminating, to parents, 
teachers, and health care practitioners, educational 
materials on recognizing signs of visual impairment 
in children. 
(b) CRITERIA AND COORDINATION.— 
(1) CRITERIA.—The Secretary, in consultation 
with appropriate professional and consumer organi-
zations including individuals with knowledge of age 
appropriate vision services, shall develop criteria— 
(A) governing the operation of the grant 
program; and 
(B) for the collection of data related to vi-
sion assessment and the utilization of followup 
services.
(2) COORDINATION.—The Secretary shall, as 
appropriate, coordinate the program under sub-
section (a) with the program under section 330 of 
the Public Health Service Act (relating to health 
centers), the program under title XIX of the Social 
Security Act (relating to the Medicaid program), the 
program under title XXI of such Act (relating to the 
State children’s health insurance program), and with 
other Federal or State program that provide services 
to children. 
(c) APPLICATION.—A grant may be made under sub-
section (a) only if an application for the grant is submitted 
to the Secretary and the application is in such form, is 
made in such manner, and contains such information as 
the Secretary may require, including— 
(1) information on existing Federal, Federal- 
State, or State-funded children’s vision screening 
programs; 
(2) a plan for the use of grant funds, including 
how funds will be used to complement existing State 
efforts; 
(3) a plan to determine if a grant eligible child 
has received an age appropriate vision screening; 
and
(4) a description of how funds will be used to 
provide items or services only as a secondary payer 
to— 
(A) any State compensation program, 
under an insurance policy, or under any Fed-
eral or State health benefits program; or 
(B) by any entity that provides health 
services on a prepaid basis. 
(d) EVALUATIONS.—A grant may be made under 
subsection (a) only if the State involved agrees that, not 
later than 1 year after the date on which amounts under 
the grant are first received by the State, and annually 
thereafter while receiving amounts under the grant, the 
State will submit to the Secretary an evaluation of the 
operations and activities carried out under the grant, in-
cluding— 
(1) an assessment of the utilization of vision 
services and the status of children receiving these 
services as a result of the activities carried out 
under the grant; 
(2) the collection, analysis, and reporting of 
children’s vision data according to guidelines pre-
scribed by the Secretary; and 
(3) such other information as the Secretary 
may require.
(e) CERTAIN PROVISIONS REGARDING EXPENDITURE 
OF GRANT.— 
(1) USES OTHER THAN COMPREHENSIVE EYE 
EXAMINATIONS.—A grant under subsection (a) may 
be expended for the purposes described in para-
graphs (2) and (3) of such subsection without re-
gard to whether under paragraph (1) of such sub-
section the State involved expends the grant to pro-
vide comprehensive eye examinations. The Secretary 
may not disapprove an application under subsection 
(c), or reduce the amount of the grant, solely on the 
basis that the State will not expend the grant to pro-
vide such examinations. 
(2) LIMITATION ON GRANT EXPENDITURES.—A 
grant may be made under subsection (a) only if the 
State involved agrees that the State will not expend 
more than 20 percent of the grant to carry out the 
purpose described in paragraph (3) of such sub-
section. 
(f) DEFINITIONS.—For purposes of this section, the 
term ‘‘comprehensive eye examination’’ includes an assess-
ment of a patient’s history, general medical observation, 
external and ophthalmoscopic examination, visual acuity, 
ocular alignment and motility, refraction, and as appro-
priate, binocular vision or gross visual fields, performed 
by an optometrist or an ophthalmologist. 
(g) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated $75,000,000 for fiscal year 2006, and 
such sums as may be necessary for each of fiscal years 
2007 through 2009. 
Æ