I

103D CONGRESS

1ST SESSION H. R. 1538

To amend the Public Health Service Act to promote activities for the prevention of additional cases of infection with the virus commonly known

as HIV.

IN THE HOUSE OF REPRESENTATIVES

MARCH 30, 1993

Ms. PELOSI (for herself, Mr. WAXMAN, Mr. MCDERMOTT, Mrs. BYRNE, Mr.

DEUTSCH, Mr. DELUGO, Ms. ESHOO, Mr. EVANS, Mr. FOGLIETTA, Mr.

FRANK of Massachusetts, Mr. HAMBURG, Mr. HOYER, Mr. LEWIS of

Georgia, Mrs. MALONEY, Mr. NADLER, Ms. NORTON, Ms. SCHENK, Mr.

STUDDS, Mrs. UNSOELD, Ms. VELA ́ZQUEZ, Mr. YATES, Mr. WASHINGTON, Mr. COLEMAN, Mr. ENGEL, Mr. BARRETT of Wisconsin, Ms. WOOLSEY, Mr. LANTOS, and Mr. HOBSON) introduced the following bill; which

was referred to the Committee on Energy and Commerce

A BILL

To amend the Public Health Service Act to promote activities

for the prevention of additional cases of infection with

the virus commonly known as HIV.

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 ‘‘Comprehensive HIV

5 Prevention Act of 1993’’.
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1 SEC. 2. ESTABLISHMENT OF CERTAIN AUTHORITIES RE2 GARDING PREVENTION OF INFECTION WITH

3 HUMAN IMMUNODEFICIENCY VIRUS.

4 Title XXV of the Public Health Service Act (42

5 U.S.C. 300ee et seq.) is amended to read as follows:

6 ‘‘TITLE XXV—PREVENTION OF

7 HIV INFECTION

8 ‘‘PART A—COORDINATION AMONG AGENCIES OF

9 PUBLIC HEALTH SERVICE

10 ‘‘Subpart I—Public Health Service Generally

11 ‘‘SEC. 2501. AUTHORITY OF ASSISTANT SECRETARY FOR

12 HEALTH.

13 ‘‘(a) IN GENERAL.—The authority established in this

14 part for the Secretary shall be carried out by the Secretary

15 acting through the Assistant Secretary for Health.

16 ‘‘(b) DUTIES.—

17 ‘‘(1) INTERAGENCY COORDINATION.—With re18 spect to activities for the prevention of infection with

19 the human immunodeficiency virus, the Secretary

20 shall plan, coordinate, and evaluate such activities

21 that are conducted or supported by the agencies

22 specified in paragraph (2).

23 ‘‘(2) DESIGNATED AGENCIES.—The agencies re24 ferred to in paragraph (1) are as follows:

25 ‘‘(A) The Centers for Disease Control and

26 Prevention.
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1 ‘‘(B) The Health Resources and Services

2 Administration.

3 ‘‘(C) The National Institutes of Health.

4 ‘‘(D) The Substance Abuse and Mental

5 Health Services Administration.

6 ‘‘(3) CONSULTATIONS.—The Secretary shall

7 carry out this part (including developing and revis8 ing the plans required in section 2503) in consulta9 tion with the heads of the designated agencies and

10 with the advisory council established under section

11 2502.

12 ‘‘SEC. 2502. ADVISORY COUNCIL.

13 ‘‘(a) IN GENERAL.—The Secretary shall establish an

14 advisory council to be known as the Secretary’s Advisory

15 Council on HIV Prevention (in this section referred to as

16 the ‘Advisory Council’). The Advisory Council shall make

17 recommendations to the Secretary on carrying out this

18 part, including reviewing and making recommendations on

19 plans under section 2503.

20 ‘‘(b) COMPOSITION.—

21 ‘‘(1) IN GENERAL.—The Advisory Council shall

22 be composed of such individuals as the Secretary

23 may select, subject to paragraphs (2) and (3).

24 ‘‘(2) EX OFFICIO MEMBERS.—The heads of

25 each of the designated agencies (or the designees of
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1 such heads), and the chairs of each of the advisory

2 councils for such agencies, shall serve as nonvoting

3 members of the Advisory Council.

4 ‘‘(3) APPOINTED MEMBERS.—The Secretary

5 shall appoint to the Advisory Council individuals

6 who are not officers or employees of the Federal

7 Government. Of such individuals—

8 ‘‘(A) no fewer than one shall be an individ9 ual who conducts research on HIV prevention

10 activities;

11 ‘‘(B) no fewer than one shall be an expert

12 in specific health communications and social

13 marketing;

14 ‘‘(C) no fewer than one shall be an epi15 demiologist;

16 ‘‘(D) no fewer than one shall be the chief

17 public health officer of a State;

18 ‘‘(E) no fewer than one shall be the chief

19 public health officer of a political subdivision;

20 ‘‘(F) no fewer than two shall be represent21 atives of community-based organizations that

22 carry out HIV prevention activities;

23 ‘‘(G) no fewer than two shall be individuals

24 with HIV infection; and
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1 ‘‘(H) no fewer than two shall be represent2 atives of individuals who are at significant risk

3 of contracting HIV infection.

4 ‘‘SEC. 2503. COMPREHENSIVE PLAN FOR EXPENDITURE OF

5 APPROPRIATIONS.

6 ‘‘Subject to the provisions of this section and other

7 applicable law, the Secretary, in carrying out section 2501,

8 shall—

9 ‘‘(1) establish, for each designated agency, a

10 comprehensive plan for the conduct and support of

11 all HIV prevention activities of the agency (which

12 plan shall be first established under this paragraph

13 not later than 12 months after the date of the enact14 ment of the Comprehensive HIV Prevention Act of

15 1993);

16 ‘‘(2) ensure that each such plan establishes pri17 orities among the HIV prevention activities that the

18 agency involved is authorized to carry out;

19 ‘‘(3) ensure that each such plan establishes ob20 jectives regarding such activities of the agency, de21 scribes the means for achieving the objectives, and

22 designates the date by which the objectives are ex23 pected to be achieved;
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1 ‘‘(4) ensure that all amounts appropriated for

2 such activities of the agency are expended in accord3 ance with the plan;

4 ‘‘(5) ensure that the plan is coordinated with

5 each other plan established under paragraph (1);

6 ‘‘(6) review the plan not less than annually, and

7 revise the plan as appropriate; and

8 ‘‘(7) ensure that the plan serves as a broad,

9 binding statement of policies regarding HIV preven10 tion activities of the agency, but does not remove the

11 responsibility of the head of the agency for the ap12 proval of specific programs or projects, or for other

13 details of the daily administration of such activities,

14 in accordance with the plan.

15 ‘‘SEC. 2504. BUDGET REQUESTS.

16 ‘‘(a) REQUESTS OF SECRETARY.—With respect to a

17 fiscal year, the Secretary shall prepare and submit directly

18 to the President, for review and transmittal to the Con19 gress, a budget request for carrying out each plan under

20 section 2503 for the fiscal year, after reasonable oppor21 tunity for comment by the head of the designated agency

22 for which the plan has been developed and by the advisory

23 council established under section 2502. The budget esti24 mate shall include an estimate of the number and type

25 of personnel needs for the designated agencies.
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1 ‘‘(b) REQUESTS OF DESIGNATED AGENCIES.—With

2 respect to a fiscal year, the head of each designated agency

3 shall, not later than the date specified by the Secretary,

4 prepare and submit to the Secretary a proposed budget

5 request for carrying out the plan under section 2503 that

6 has been developed for the agency. The Secretary shall

7 consider such request in carrying out subsection (a) with

8 respect to the agency.

9 ‘‘Subpart II—Intra-Agency Coordination

10 ‘‘SEC. 2511. INDIVIDUAL OFFICES ON PREVENTION.

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) ADMINISTRATION OF AUTHORITIES.—The

13 Secretary shall carry out this section acting through

14 the heads of the designated agencies.

15 ‘‘(2) INDIVIDUAL OFFICES.—With respect to

16 each designated agency other than the National In17 stitutes of Health, the head of the agency shall es18 tablish within the agency an office to carry out the

19 functions described in subsection (b). Such office

20 shall be headed by a director, who shall be appointed

21 by the head of the agency.

22 ‘‘(b) FUNCTIONS.—With respect to preparing and

23 submitting plans under section 2503, and with respect to

24 any other function established under subpart I for the

25 heads of designated agencies, the head of each such
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1 agency shall carry out the functions acting through the

2 Director of the office established under subsection (a) for

3 the agency (except that such functions of the Director of

4 the National Institutes of Health shall be carried out by

5 such Director acting through the Director of the Office

6 of AIDS Research established under section 2351).

7 ‘‘PART B—PROGRAMS OF CENTERS FOR DISEASE

8 CONTROL AND PREVENTION

9 ‘‘Subpart I—Certain Authorities

10 ‘‘SEC. 2521. ADMINISTRATOR OF PROGRAMS.

11 ‘‘This part shall be carried out by the Secretary act12 ing through the Director of the Centers for Disease Con13 trol and Prevention.

14 ‘‘Subpart II—Certain Programs

15 ‘‘SEC. 2531. EPIDEMIOLOGY AND SURVEILLANCE.

16 ‘‘(a) IN GENERAL.—The Secretary may, directly or

17 through the provision of financial assistance, conduct

18 studies and carry out other activities to assist public and

19 nonprofit private entities in obtaining epidemiological data

20 on the human immunodeficiency virus and related mat21 ters. Such activities may include surveillance activities and

22 other relevant data-collection activities.

23 ‘‘(b) MEETINGS.—For the purpose of improving pro24 grams that carry out HIV prevention activities, the Sec25 retary may hold meetings in order that States, political
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1 subdivisions, the Centers for Disease Control and Preven2 tion, and other entities can exchange information and

3 ideas.

4 ‘‘(c) FUNDING.—For the purpose of carrying out this

5 section, there are authorized to be appropriated

6 $175,000,000 for fiscal year 1994, and such sums as may

7 be necessary for each of the fiscal years 1995 and 1996.

8 Amounts appropriated under the preceding sentence are

9 not available for conferences under section 2532(m).

10 ‘‘SEC. 2532. COMMUNITY-BASED PROGRAM.

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) AUTHORITY FOR FINANCIAL ASSIST13 ANCE.—The Secretary may provide financial assist14 ance to health departments of States and political

15 subdivisions for the purpose of operating projects to

16 carry out the HIV prevention activities described in

17 paragraph (2) for individuals who are at significant

18 risk of contracting HIV infection or of transmitting

19 such infection to other individuals.

20 ‘‘(2) HIV COMMUNITY-BASED ACTIVITIES.—

21 With respect to individuals described in paragraph

22 (1), the HIV prevention activities referred to in such

23 paragraph are such activities that are carried out in

24 their communities to educate the individuals on the

25 transmission of the human immunodeficiency virus,
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1 including encouraging the individuals to avoid the

2 particular behaviors placing the individuals at sig3 nificant risk of contracting HIV infection or of

4 transmitting such infection to other individuals.

5 ‘‘(b) SEEKING OUT AT-RISK INDIVIDUALS.—The

6 Secretary may provide financial assistance under sub7 section (a) only if the applicant involved agrees that, in

8 operating the project for which the assistance is sought,

9 the applicant will seek out and offer HIV community10 based activities to at-risk individuals .

11 ‘‘(c) ASSESSMENT OF NEED.—

12 ‘‘(1) IN GENERAL.—With respect to the geo13 graphic area in which an applicant for financial as14 sistance under subsection (a) proposes to carry out

15 a project under such subsection, the Secretary may

16 provide the assistance only if—

17 ‘‘(A) the applicant has, on the basis of

18 standards and methodologies established under

19 paragraph (2), conducted an assessment of the

20 extent of the need in the geographic area for

21 the project; and

22 ‘‘(B) the applicant submits the assessment

23 to the Secretary, together with a description of

24 the relationship between the assessment and the

25 proposal of the applicant for such project.
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1 ‘‘(2) ISSUANCE OF STANDARDS BY SEC2 RETARY.—Not later than 90 days after the date of

3 the enactment of the Comprehensive HIV Prevention

4 Act of 1993, the Secretary shall establish uniform

5 standards and methodologies for assessments under

6 paragraph (1). In developing the standards and

7 methodologies, the Secretary shall ensure that such

8 assessments are made on the basis of data that is

9 readily accessible to, or easily developed by, health

10 departments of States and political subdivisions.

11 ‘‘(d) REQUIREMENTS REGARDING PROJECT

12 AREAS.—

13 ‘‘(1) IN GENERAL.—The Secretary may provide

14 financial assistance under subsection (a) only if,

15 with respect to the project involved—

16 ‘‘(A) the applicant involved has designated

17 the geographic area in which the applicant will

18 operate the project; and

19 ‘‘(B) the jurisdictions specified in para20 graph (2) have entered into an agreement for

21 purposes of allocating among such jurisdictions

22 the HIV community-based activities that are to

23 be provided with such assistance.

24 ‘‘(2) RELEVANT JURISDICTIONS.—With respect

25 to a geographic area designated by an applicant pur-
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1 suant to paragraph (1), the jurisdictions referred to

2 in such paragraph are each of the jurisdictions in

3 which there is located any portion of the geographic

4 area.

5 ‘‘(e) PLANNING COUNCILS.—

6 ‘‘(1) STATE COUNCIL.—

7 ‘‘(A) The Secretary may provide financial

8 assistance under subsection (a) to a State only

9 if the State agrees to operate a council in ac10 cordance with subparagraphs (B) through (D).

11 ‘‘(B) For purposes of subparagraph (A), a

12 council is operated in accordance with this sub13 paragraph if the duties of the council are mak14 ing recommendations to the State on the follow15 ing:

16 ‘‘(i) Priorities for the allocation within

17 the State of funds and services under sub18 section (a).

19 ‘‘(ii) A comprehensive plan for carry20 ing out HIV community-based activities in

21 the State, including coordination of such

22 activities with other activities carried out

23 in the State with respect to the human

24 immunodeficiency virus.
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1 ‘‘(iii) Assessing the efficiency of enti2 ties in carrying out such activities in the

3 State.

4 ‘‘(C) For purposes of subparagraph (A), a

5 council is operated in accordance with this sub6 paragraph if, subject to subparagraph (D), the

7 membership of the council includes representa8 tives of the following entities:

9 ‘‘(i) State or local public health agen10 cies.

11 ‘‘(ii) State or local agencies providing

12 treatment for substance abuse.

13 ‘‘(iii) Private providers of such treat14 ment.

15 ‘‘(iv) State or local agencies that ad16 minister correctional facilities with respect

17 to crimes.

18 ‘‘(v) Epidemiologists.

19 ‘‘(vi) Behavioral scientists.

20 ‘‘(vii) Providers of mental health serv21 ices.

22 ‘‘(viii) Community-based organizations

23 that carry out activities or services relating

24 to the human immunodeficiency virus for a

25 diverse cross-section of individuals affected
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1 by HIV infections in the project area in2 volved, and that have demonstrated ties to

3 the project area.

4 ‘‘(ix) Individuals with HIV infection.

5 ‘‘(x) Communities with a significant

6 number of at-risk individuals.

7 ‘‘(D) For purposes of subparagraph (A), a

8 council is operated in accordance with this sub9 paragraph if the membership of the council in10 cludes no fewer than one individual from each

11 of the councils operated pursuant to paragraph

12 (2).

13 ‘‘(E) With respect to compliance with sub14 paragraph (A), a council under such subpara15 graph may include members in addition to the

16 members required in subparagraph (C).

17 ‘‘(2) LOCAL COUNCILS.—

18 ‘‘(A) The Secretary may provide financial

19 assistance under subsection (a) only if, for the

20 project area involved, the applicant for the as21 sistance agrees to provide for the operation of

22 a council in accordance with subparagraphs (B)

23 and (C).

24 ‘‘(B) For purposes of subparagraph (A), a

25 council is operated in accordance with this sub-
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1 paragraph if, with respect to the project area

2 involved, the duties of the council are as fol3 lows:

4 ‘‘(i) To establish priorities for the al5 location within the project area of funds

6 and services under subsection (a).

7 ‘‘(ii) To provide for a comprehensive

8 plan for carrying out HIV community9 based activities, which plan is compatible

10 with any existing State and local plans re11 garding such activities and which plan pro12 vides for the coordination of such activities

13 with other activities carried out in the

14 project area with respect to the human

15 immunodeficiency virus.

16 ‘‘(iii) To assess the efficiency of the

17 project carried out with the assistance in

18 rapidly allocating funds to the communities

19 in the project area that have the greatest

20 need.

21 ‘‘(C) For purposes of subparagraph (A), a

22 council is operated in accordance with this sub23 paragraph if the membership of the council in24 cludes representatives of each of the types of

25 entities specified in paragraph (1)(C).
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1 ‘‘(D) With respect to compliance with sub2 paragraph (A), a council under such subpara3 graph may include members in addition to the

4 members required in subparagraph (C).

5 ‘‘(3) AUTHORITY OF LOCAL COUNCILS.—

6 ‘‘(A) The Secretary may provide financial

7 assistance under subsection (a) only if the ap8 plicant involved agrees, subject to subparagraph

9 (B), that the allocation of HIV community10 based activities within a project area under sub11 section (d) will be made in accordance with the

12 priorities established under paragraph (2)(B)(i)

13 for the project area.

14 ‘‘(B) In the case of a project under sub15 section (a) that is carried out with financial as16 sistance provided under such subsection to a

17 State, the requirement established in subpara18 graph (A) is subject to such conditions regard19 ing the use of amounts from the award of such

20 assistance as the State may establish in accord21 ance with this section.

22 ‘‘(f) TECHNICAL SERVICES ORGANIZATIONS.—

23 ‘‘(1) IN GENERAL.—The Secretary may provide

24 financial assistance under subsection (a) only if the

25 applicant involved agrees that, in expending the as-
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1 sistance, the applicant will enter into a contract with

2 an organization described in paragraph (2) under

3 which contract the organization provides, for the

4 project operated with such assistance, the following

5 services:

6 ‘‘(A) The organization assists in the devel7 opment of all plans for carrying out HIV com8 munity-based activities through the project.

9 ‘‘(B) The organization provides technical

10 services to the project in carrying out such ac11 tivities.

12 ‘‘(C) The organization, in collaboration

13 with entities that carry out such activities, de14 velops a methodology for evaluations of whether

15 and to what extent the project has influenced

16 individuals to avoid behaviors that place the in17 dividuals at significant risk of contracting HIV

18 infection or of transmitting such infection to

19 other individuals.

20 ‘‘(2) APPROVAL OF SECRETARY.—The organiza21 tion referred to in paragraph (1) is an organization

22 that has been approved by the Secretary as having

23 the necessary expertise for performing, for the

24 project involved, the functions specified in such

25 paragraph.
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1 ‘‘(3) REQUIREMENTS FOR PROVIDERS.—The

2 Secretary may provide financial assistance under

3 subsection (a) only if the applicant involved agrees

4 to ensure that each entity (including the applicant)

5 that is to carry out any HIV community-based activ6 ity through the project involved complies with the

7 following requirements:

8 ‘‘(A) The entity develops a plan for the en9 tity to carry out the HIV community-based ac10 tivities involved, and the plan is developed in

11 collaboration with the technical services organi12 zation for the project.

13 ‘‘(B) With respect to the evaluations de14 scribed in paragraph (1)(C), the entity under15 goes such an evaluation each year, and the eval16 uation is conducted in accordance with the

17 methodology developed under such paragraph.

18 ‘‘(4) DESCRIPTION REGARDING COMPLIANCE OF

19 PROJECT.—The Secretary may provide financial as20 sistance under subsection (a) only if the applicant

21 involved submits to the Secretary a description of

22 the manner in which the applicant intends to comply

23 with the agreements made under this subsection, in24 cluding a specification of the amount of such assist25 ance to be expended for such purposes.
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1 ‘‘(g) MAINTENANCE OF EFFORT.—With respect to

2 HIV prevention activities, the Secretary may provide fi3 nancial assistance under subsection (a) only if the appli4 cant involved agrees to maintain expenditures of non-Fed5 eral amounts for such activities at a level that is not less

6 than the level of such expenditures maintained by the ap7 plicant for the fiscal year preceding the fiscal year for

8 which the applicant receives an award of such assistance.

9 ‘‘(h) ASSISTANCE FOR PLANNING OF PROJECTS.—

10 The Secretary may provide financial assistance to States

11 and political subdivisions for the purpose of developing

12 plans to carry out projects under subsection (a).

13 ‘‘(i) APPLICATION FOR ASSISTANCE.—The Secretary

14 may provide financial assistance under subsection (a) or

15 (h) only if—

16 ‘‘(1) an application for the assistance is submit17 ted to the Secretary;

18 ‘‘(2) the application is in such form, is made in

19 such manner, and contains such agreements, assur20 ances, and information as the Secretary determines

21 to be necessary to carry out the purpose of the as22 sistance involved; and

23 ‘‘(3) in the case of an application for financial

24 assistance under subsection (a), the application con25 tains—
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1 ‘‘(A) the assessment and description re2 quired in subsection (c) (relating to the need

3 for a project); and

4 ‘‘(B) the description required in subsection

5 (f)(4) (relating to technical services organiza6 tions).

7 ‘‘(j) MEETINGS.—For the purpose of improving the

8 program carried out under this section, the Secretary may

9 hold meetings in order that technical service organiza10 tions, States, political subdivisions, the Centers for Dis11 ease Control and Prevention, and other entities can ex12 change information and ideas.

13 ‘‘(k) DEFINITIONS.—For purposes of this section:

14 ‘‘(1) The term ‘at-risk individual’ means an in15 dividual who is at significant risk of contracting

16 HIV infection or of transmitting such infection to

17 other individuals.

18 ‘‘(2) The term ‘HIV community-based activi19 ties’ means the HIV prevention activities described

20 in subsection (a)(2).

21 ‘‘(3) The term ‘jurisdiction’ means the jurisdic22 tion of a political subdivision.

23 ‘‘(4) The term ‘project area’ means the geo24 graphic area in which a project under subsection (a)
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1 is carried out (or proposed to be carried out) pursu2 ant to a designation under subsection (d).

3 ‘‘(5) The term ‘technical services organization’,

4 with respect to a project under subsection (a),

5 means the organization that receives the contract re6 quired in subsection (f)(1) with respect to the

7 project.

8 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—For the

9 purposes of carrying out this section, there are authorized

10 to be appropriated $175,000,000 for fiscal year 1994, and

11 such sums as may be necessary for each of the fiscal years

12 1995 and 1996. Amounts appropriated under the preced13 ing sentence for fiscal year 1994 shall remain available

14 until expended.

15 ‘‘SEC. 2533. COUNSELING AND TESTING.

16 ‘‘(a) IN GENERAL.—The Secretary may provide fi17 nancial assistance to States and political subdivisions for

18 the purpose of—

19 ‘‘(1) counseling individuals on HIV infection;

20 ‘‘(2) testing individuals for such infection, in21 cluding tests to confirm the presence of the disease,

22 to diagnose the extent of the deficiency in the im23 mune system, and to provide information on appro24 priate therapeutic measures for preventing and

25 treating the deterioration of the immune system and
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1 for preventing and treating conditions arising from

2 such infection;

3 ‘‘(3) providing appropriate referrals and follow4 up services for individuals who have undergone such

5 counseling or testing; and

6 ‘‘(4) providing partner notification with respect

7 to HIV infection.

8 ‘‘(b) REQUIREMENTS REGARDING CONFIDENTIAL9 ITY, INFORMED CONSENT, AND OTHER MATTERS.—

10 ‘‘(1) IN GENERAL.—The Secretary may provide

11 financial assistance under subsection (a) only if the

12 applicant involved agrees that the provisions speci13 fied in paragraph (2) apply to the award of such as14 sistance to the same extent and in the same manner

15 as such provisions apply to grants under section

16 2651.

17 ‘‘(2) SPECIFICATION OF PROVISIONS.—The pro18 visions referred to in paragraph (1) are section

19 2661; subsections (a), (b), (c), (d), and (f) of section

20 2662; and subsections (b) and (c) of section 2664.

21 ‘‘(c) APPLICATION FOR ASSISTANCE.—The Secretary

22 may provide financial assistance under subsection (a) only

23 if an application for the assistance is submitted to the Sec24 retary and the application is in such form, is made in such

25 manner, and contains such agreements, assurances, and
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1 information as the Secretary determines to be necessary

2 to carry out the purpose described in subsection (a).

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there are authorized

5 to be appropriated $175,000,000 for fiscal year 1994, and

6 such sums as may be necessary for each of the fiscal years

7 1995 and 1996.

8 ‘‘Subpart III—Additional Programs

9 ‘‘SEC. 2541. PUBLIC EDUCATION.

10 ‘‘(a) IN GENERAL.—The Secretary may, directly or

11 through the provision of financial assistance, carry out ac12 tivities to provide information and education to the public

13 on the human immunodeficiency virus.

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

15 purpose of carrying out this section, there are authorized

16 to be appropriated $50,000,000 for fiscal year 1994, and

17 such sums as may be necessary for each of the fiscal years

18 1995 and 1996.

19 ‘‘SEC. 2542. SPECIFIC POPULATIONS.

20 ‘‘(a) IN GENERAL.—The Secretary may, directly or

21 through the provision of financial assistance, carry out

22 HIV prevention activities with respect to specific popu23 lations identified by the Secretary.

24 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

25 purpose of carrying out this section, there are authorized
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1 to be appropriated $60,000,000 for fiscal year 1994, and

2 such sums as may be necessary for each of the fiscal years

3 1995 and 1996.

4 ‘‘SEC. 2543. PROGRAMS FOR ADOLESCENTS.

5 ‘‘(a) IN GENERAL.—The Secretary may, directly or

6 through the provision of financial assistance, carry out

7 HIV prevention activities with respect to adolescents.

8 ‘‘(b) SCHOOL-BASED PROGRAMS.—

9 ‘‘(1) In carrying out subsection (a), the Sec10 retary may assist elementary and secondary schools

11 and institutions of higher education in operating

12 programs to carry out HIV prevention activities.

13 ‘‘(2)(A) In carrying out paragraph (1), the Sec14 retary may provide financial assistance to education

15 and health departments of States and political sub16 divisions, and may provide such assistance to other

17 public or nonprofit private entities.

18 ‘‘(B) The Secretary may provide financial as19 sistance under subparagraph (A) to an educational

20 or health department of a political subdivision only

21 after consultation with the educational or health de22 partment of the State involved.

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this section, there are authorized

25 to be appropriated $60,000,000 for fiscal year 1994, and
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1 such sums as may be necessary for each of the fiscal years

2 1995 and 1996.

3 ‘‘SEC. 2544. RESEARCH; DEMONSTRATION PROJECTS.

4 ‘‘(a) IN GENERAL.—With respect to HIV prevention

5 activities, the Secretary may, directly or through the provi6 sion of financial assistance, conduct research and carry

7 out demonstration projects.

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

9 purpose of carrying out this section, there are authorized

10 to be appropriated $20,000,000 for fiscal year 1994, and

11 such sums as may be necessary for each of the fiscal years

12 1995 and 1996.

13 ‘‘SEC. 2545. GENERAL AUTHORITY.

14 ‘‘(a) IN GENERAL.—With respect to HIV prevention

15 activities, the Secretary may, directly or through the provi16 sion of financial assistance, carry out programs in addition

17 to the programs otherwise authorized in this part.

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

19 purpose of carrying out this section, there are authorized

20 to be appropriated such sums as may be necessary for

21 each of the fiscal years 1994 through 1996.
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1 ‘‘Subpart IV—General Provisions

2 ‘‘SEC. 2551. TECHNICAL ASSISTANCE; SUPPLIES AND SERV3 ICES IN LIEU OF FUNDS.

4 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary may

5 provide training and technical assistance to applicants for,

6 and recipients of, financial assistance under this part with

7 respect to the planning, development, and operation of ac8 tivities under this part. The Secretary may provide such

9 technical assistance directly or through awards of financial

10 assistance.

11 ‘‘(b) SUPPLIES AND SERVICES.—

12 ‘‘(1) IN GENERAL.—Upon the request of a re13 cipient of an award under this part, the Secretary

14 may, subject to paragraph (2), provide supplies,

15 equipment, and services for the purpose of aiding

16 the recipient in carrying out the purpose of the

17 award, and for such purpose, may detail to the re18 cipient any officer or employee of the Department of

19 Health and Human Services.

20 ‘‘(2) CORRESPONDING REDUCTION IN PAY21 MENTS.—With respect to a request under paragraph

22 (1), the Secretary shall reduce the amount of pay23 ments under the award involved by an amount equal

24 to the costs of detailing personnel and the fair mar25 ket value of any supplies, equipment, or services pro26 vided by the Secretary. The Secretary shall, for the
27

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1 payment of expenses incurred in complying with

2 such request, expend the amounts withheld.

3 ‘‘PART C—GENERAL PROVISIONS

4 ‘‘SEC. 2591. DEFINITIONS.

5 ‘‘For purposes of this title:

6 ‘‘(1) The term ‘designated agency’ means an

7 agency specified in section 2501(b)(2).

8 ‘‘(2) The term ‘financial assistance’ means

9 grants, cooperative agreements, and contracts.

10 ‘‘(3) The term ‘human immunodeficiency virus’

11 means the etiologic agent for acquired immune defi12 ciency syndrome.

13 ‘‘(4) The term ‘HIV infection’ means infection

14 with the human immunodeficiency virus.

15 ‘‘(5) The term ‘HIV prevention activities’

16 means activities for the prevention of HIV infection,

17 including counseling individuals, educating the pub18 lic, and other appropriate activities. Such term in19 cludes research on the prevention of HIV infection.

20 ‘‘(6) The term ‘political subdivision’ means a

21 political subdivision of a State.’’.

22 SEC. 3. EFFECTIVE DATE.

23 This Act takes effect October 1, 1993, or upon the

24 date of the enactment of this Act, whichever occurs later.

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