II

103D CONGRESS

1ST SESSION S. 1428

To amend the Public Health Service Act to provide for programs regarding

women and the human immunodeficiency virus, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. SIMON (for himself, Mrs. MURRAY, Mr. RIEGLE, Ms. MOSELEY-BRAUN,

and Mrs. BOXER) introduced the following bill; which was read twice and

referred to the Committee on Labor and Human Resources

A BILL

To amend the Public Health Service Act to provide for

programs regarding women and the human

immunodeficiency virus, 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 ‘‘Women and HIV Out5 reach and Prevention Act’’.
2

•S 1428 IS

1 SEC. 2. PREVENTIVE HEALTH PROGRAMS REGARDING

2 WOMEN AND HUMAN IMMUNODEFICIENCY

3 VIRUS.

4 Title XXV of the Public Health Service Act (42

5 U.S.C. 300ee et seq.) is amended by adding at the end

6 the following part:

7 ‘‘PART C—PROGRAMS FOR WOMEN

8 ‘‘SEC. 2531. PREVENTIVE HEALTH SERVICES.

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

10 for the following purposes:

11 ‘‘(1) Providing to women preventive health serv12 ices that are related to acquired immune deficiency

13 syndrome, including—

14 ‘‘(A) counseling on the prevention of infec15 tion with, and the transmission of, the etiologic

16 agent for such syndrome; and

17 ‘‘(B) screening women for infection with

18 such agent.

19 ‘‘(2) Providing appropriate referrals regarding

20 the provision of other services to women who are re21 ceiving services pursuant to paragraph (1), includ22 ing, as appropriate, referrals for treatment for such

23 infection, referrals for treatment for substance

24 abuse, mental health services, referrals regarding

25 pregnancy, childbirth, and pediatric care, and refer26 rals for housing services.
3

•S 1428 IS

1 ‘‘(3) Providing follow-up services regarding

2 such referrals, to the extent practicable.

3 ‘‘(4) Improving referral arrangements for pur4 poses of paragraph (2).

5 ‘‘(5) In the case of a woman receiving services

6 pursuant to any of paragraphs (1) through (3), pro7 viding to the partner of the woman the services de8 scribed in such paragraphs, as appropriate.

9 ‘‘(6) With respect to the services specified in

10 paragraphs (1) through (5)—

11 ‘‘(A) providing outreach services to inform

12 women of the availability of such services; and

13 ‘‘(B) providing training regarding the ef14 fective provision of such services.

15 ‘‘(b) MINIMUM QUALIFICATIONS OF GRANTEES.—

16 The Secretary may make a grant under subsection (a)

17 only if the applicant for the grant is a grantee under sec18 tion 329, section 330, or section 1001, or is another public

19 or nonprofit private entity that provides health or vol20 untary family planning services to a significant number

21 of low-income women in a culturally sensitive and lan22 guage appropriate manner.

23 ‘‘(c) CONFIDENTIALITY.—The Secretary may make a

24 grant under subsection (a) only if the applicant for the

25 grant agrees to maintain the confidentiality of information
4

•S 1428 IS

1 on individuals regarding screenings pursuant to subsection

2 (a), subject to complying with applicable law.

3 ‘‘(d) APPLICATION FOR GRANT.—The Secretary may

4 make a grant under subsection (a) only if an application

5 for the grant is submitted to the Secretary and the appli6 cation is in such form, is made in such manner, and con7 tains such agreements, assurances, and information as the

8 Secretary determines to be necessary to carry out such

9 subsection.

10 ‘‘(e) EVALUATIONS AND REPORTS.—

11 ‘‘(1) EVALUATIONS.—The Secretary shall, di12 rectly or through contracts with public or private en13 tities, provide for evaluations of projects carried out

14 pursuant to subsection (a).

15 ‘‘(2) REPORTS.—Not later than 1 year after the

16 date on which amounts are first appropriated under

17 subsection (f), and annually thereafter, the Sec18 retary shall submit to the Congress a report summa19 rizing evaluations carried out under paragraph (1)

20 during the preceding fiscal year.

21 ‘‘(f) AUTHORIZATIONS OF APPROPRIATIONS.—

22 ‘‘(1) TITLE X CLINICS.—For the purpose of

23 making grants under subsection (a) to entities that

24 are grantees under section 1001, and for the pur25 pose of otherwise carrying out this section with re-
5

•S 1428 IS

1 spect to such grants, there are authorized to be ap2 propriated $30,000,000 for fiscal year 1994, and

3 such sums as may be necessary for each of the fiscal

4 years 1995 and 1996.

5 ‘‘(2) COMMUNITY AND MIGRANT HEALTH CEN6 TERS; OTHER PROVIDERS.—For the purpose of mak7 ing grants under subsection (a) to entities that are

8 grantees under section 329 or 330, and to other en9 tities described in subsection (b) that are not grant10 ees under section 1001, and for the purpose of oth11 erwise carrying out this section with respect to such

12 grants, there are authorized to be appropriated

13 $20,000,000 for fiscal year 1994, and such sums as

14 may be necessary for each of the fiscal years 1995

15 and 1996.

16 ‘‘SEC. 2532. PUBLIC EDUCATION.

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

18 for the purpose of developing and carrying out programs

19 to educate women on the prevention of infection with, and

20 the transmission of, the etiologic agent for acquired im21 mune deficiency syndrome.

22 ‘‘(b) MINIMUM QUALIFICATIONS OF GRANTEES.—

23 The Secretary may make a grant under subsection (a)

24 only if the applicant involved is a public or nonprofit pri25 vate entity that is experienced in carrying out health-relat-
6

•S 1428 IS

1 ed activities for women, with a priority given to such enti2 ties that have successfully targeted women of color.

3 ‘‘(c) APPLICATION FOR GRANT.—The Secretary may

4 make a grant under subsection (a) only if an application

5 for the grant is submitted to the Secretary and the appli6 cation is in such form, is made in such manner, and con7 tains such agreements, assurances, and information as the

8 Secretary determines to be necessary to carry out such

9 subsection.

10 ‘‘(d) EVALUATIONS AND REPORTS.—

11 ‘‘(1) EVALUATIONS.—The Secretary shall, di12 rectly or through contracts with public or private en13 tities, provide for evaluations of projects carried out

14 pursuant to subsection (a).

15 ‘‘(2) REPORTS.—Not later than 1 year after the

16 date on which amounts are first appropriated under

17 subsection (e), and annually thereafter, the Sec18 retary shall submit to the Congress a report summa19 rizing evaluations carried out under paragraph (1)

20 during the preceding fiscal year.

21 ‘‘(e) AUTHORIZATIONS OF APPROPRIATIONS.—For

22 the purpose of carrying out this section, there are author23 ized to be appropriated $30,000,000 for fiscal year 1994,

24 and such sums as may be necessary for each of the fiscal

25 years 1995 and 1996.’’.
7

•S 1428 IS

1 SEC. 3. TREATMENT OF WOMEN FOR SUBSTANCE ABUSE.

2 Subpart 1 of part B of title V of the Public Health

3 Service Act (42 U.S.C. 290bb et seq.), as amended by sec4 tion 108 of Public Law 102–321 (106 Stat. 336), is

5 amended by inserting after section 509 the following sec6 tion:

7 ‘‘TREATMENT OF WOMEN FOR SUBSTANCE ABUSE

8 ‘‘SEC. 509A. (a) IN GENERAL.—The Director of the

9 Center for Substance Abuse Treatment may make awards

10 of grants, cooperative agreements, and contracts for the

11 purpose of carrying out programs—

12 ‘‘(1) to provide treatment for substance abuse

13 to women, including women with dependent children;

14 ‘‘(2) to provide to such women counseling on

15 the prevention of infection with, and the trans16 mission of, the etiologic agent for acquired immune

17 deficiency syndrome; and

18 ‘‘(3) to provide such counseling to women who

19 are the partners of individuals who engage in such

20 abuse.

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

22 purpose of carrying out subsection (a), there are author23 ized to be appropriated $20,000,000 for fiscal year 1994,

24 and such sums as may be necessary for each of the fiscal

25 years 1995 and 1996.’’.
8

•S 1428 IS

1 SEC. 4. EARLY INTERVENTION SERVICES FOR WOMEN.

2 Section 2655 of the Public Health Service Act (42

3 U.S.C. 300ff–55) is amended—

4 (1) by striking ‘‘For the purpose of’’ and insert5 ing ‘‘(a) IN GENERAL.—For the purpose of’’; and

6 (2) by adding at the end the following sub7 section:

8 ‘‘(b) PROGRAMS FOR WOMEN.—For the purpose of

9 making grants under section 2651 to provide to women

10 early intervention services described in such section, and

11 for the purpose of providing technical assistance under

12 section 2654(b) with respect to such grants, there are au13 thorized to be appropriated $20,000,000 for fiscal year

14 1994, and such sums as may be necessary for each of the

15 fiscal years 1995 and 1996.’’.

Æ