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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3011 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3011

 To address HIV/AIDS in the African-American community, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2010

Mrs. Gillibrand introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To address HIV/AIDS in the African-American community, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Black Clergy for the 
Elimination of HIV/AIDS Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions applicable throughout Act.
            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 100. Definition.
                 Subtitle A--Office of Minority Health

Sec. 101. Services to reduce HIV/AIDS in African-American community.
 Subtitle B--Substance Abuse and Mental Health Services Administration

Sec. 111. Grants for substance abuse and mental health services to 
                            public health agencies and faith-based 
                            organizations.
Sec. 112. Services for HIV/AIDS affected youth who are separated from 
                            their families.
         Subtitle C--Centers for Disease Control and Prevention

Sec. 121. Public health intervention and prevention activities.
Sec. 122. HIV/AIDS prevention and education.
Sec. 123. Building capacity of communities.
Sec. 124. National media outreach campaign.
               Subtitle D--National Institutes of Health

Sec. 131. Research to develop behavioral strategies to reduce 
                            transmission of HIV/AIDS.
Sec. 132. Study of biological and behavioral factors.
        Subtitle E--Health Resources and Services Administration

Sec. 141. Health care professionals treating individuals with HIV/AIDS.
                       Subtitle F--Miscellaneous

Sec. 151. Report on impact of HIV/AIDS in the African-American 
                            Community.
Sec. 152. Study on status of HIV/AIDS epidemic among African-Americans.
                        TITLE II--MISCELLANEOUS

Sec. 201. Sense of Congress on National Black Clergy HIV/AIDS Awareness 
                            Sunday.
Sec. 202. Sense of Congress on Federal agencies with responsibility for 
                            preventing, testing for, and treating HIV/
                            AIDS.
Sec. 203. Sense of Congress on Federal Bureau of Prisons procedures for 
                            inmates with HIV.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) It has been estimated that more than 1,000,000 people 
        in the United States are living with HIV/AIDS, and 
        approximately 500,000 of them are Black. Blacks are 8 times 
        more likely to have AIDS than their White counterparts. Within 
        the Black community, the subpopulation most disproportionately 
        impacted by HIV/AIDS is Black men who have sex with men (MSM) 
        with prevalence rates twice those of White MSM. Black women 
        account for the majority of new AIDS cases among women and are 
        23 times more likely to be living with AIDS than White women 
        and 4 times more likely than Latinas.
            (2) On October 7-8, 2007, 186 Black clergy, consisting of 
        Baptist, COGIC, Methodist, Protestant, AME, and Pentecostal, 
        together with, medical, policy, and AIDS leaders, were brought 
        together by the National Black Leadership Commission on AIDS 
        (NBLCA), the oldest and largest Black AIDS organization of its 
        kind in America, hosted by Time Warner, Inc., with other 
        foundation support, to participate in the National Black Clergy 
        Conclave On HIV/AIDS Policy.
            (3) The attendees included faith leaders across 
        traditional, mega, and activist churches representing millions 
        of congregants: the National Medical Association (NMA) 
        representing 30,000 African-American physicians; the National 
        Conference of Black Mayors; the National Caucus of Black State 
        Legislators; and the Health Brain Trust of the Congressional 
        Black Caucus and key African-American HIV/AIDS advocates from 
        across the United States. This group developed a plan of action 
        that has become the National Black Clergy for the Elimination 
        of HIV/AIDS Act of 2009 to respond to the ``on the ground'' 
        emergency in prevention, care, and treatment for AIDS in Black 
        America.
            (4) In August 2007, the NMA, the oldest and largest 
        organization representing 30,000 African-American physicians, 
        released a consensus report entitled ``Addressing The HIV/AIDS 
        Crisis In The African American Community: Fact, Fiction and 
        Policy''; and specifically called on the next President of the 
        United States to declare HIV/AIDS in African-American 
        communities a public health emergency and worked with NBLCA to 
        organize clergy to advocate for the specific needs of Black 
        physicians, their patients, and those at risk in African-
        American communities; and have pledged to advocate and work 
        with clergy to develop, execute, and implement these 
        initiatives as a part of their rightful role of leadership in 
        African-American communities and culture.
            (5) The National Conference of Black Mayors has pledged to 
        work with clergy, medical, and community leaders to develop and 
        support these initiatives on a local level and to help them to 
        continue to develop a policy agenda leading to the elimination 
        of HIV/AIDS.
            (6) The National Caucus of Black State Legislators pledged 
        to take the initiatives herein to their body and develop plans 
        of action for Black State Legislators to work with local 
        clergy, health departments, and CBOs to adopt and implement 
        these initiatives on a national level.
            (7) At their April 2008 annual meeting, the National Policy 
        Alliance (NPA), consisting of the Joint Center For Political 
        and Economic Studies (secretariat) and the National Black 
        Caucus of School Board Members, National Black Caucus of Local 
        Elected Officials; the Judicial Council of the National Bar 
        Association; the National Association of Black County 
        Officials; Blacks in Government and the CBC; NCBM; WCM, voted 
        unanimously to support, endorse, and encourage the passage of 
        the National Black Clergy for the Elimination of HIV/AIDS Act 
        of 2009 and to organize their respective members to endorse and 
        support the passage of this bill.
            (8) The World Conference of Black Mayors has ratified its 
        support of these initiatives and legislation, and pledged to 
        assist the clergy to take them internationally.
            (9) The National Black Leadership Commission on AIDS, the 
        Balm in Gilead, and the Black AIDS Institute have been 
        recognized by the clergy for their tradition and history of 
        service and will work with clergy to conduct community and 
        policy development, linkages to local departments of health and 
        other services, infrastructure development, education media, 
        and fund development activities.
            (10) Bishop T.D. Jakes of the Potters House in Dallas, 
        Texas, and Rev. Calvin O. Butts of the Abyssinian Baptist 
        Church in Harlem, New York, and chairman of the National Black 
        Leadership Commission on AIDS have been recognized as the 
        organizers of this group and will help guide and lead the 
        development efforts of fellow clergy through this process.
            (11) The National Conclave on HIV/AIDS for Black Clergy 
        calls upon the President, Congress, and corporate America to 
        declare the HIV/AIDS crisis in the African-American community a 
        ``public health emergency''.
            (12) The Black clergy will aggressively seek to have every 
        person under the sphere of their influence tested for HIV in 
        order to know the person's status.
            (13) The Black clergy will promote HIV/AIDS awareness to 
        ensure that all Black clergy serving in their denominations and 
        other congregations are equipped to address issues related to 
        this disease in a factual and scientifically sound manner.
            (14) The Black clergy will use the ABC/D model as a 
        behavioral guideline for prevention initiatives:
                    (A) A-Abstain.
                    (B) B-Be Faithful.
                    (C) C-Use Condoms.
                    (D) D-Don't Engage in Risky Behaviors.

SEC. 4. DEFINITIONS APPLICABLE THROUGHOUT ACT.

    In this Act, the terms ``HIV'' and ``HIV/AIDS'' have the meanings 
given to such terms in section 2688 of the Public Health Service Act 
(42 U.S.C. 300ff-88).

            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

SEC. 100. DEFINITION.

    In this title, the term ``Secretary'' means the Secretary of Health 
and Human Services.

                 Subtitle A--Office of Minority Health

SEC. 101. SERVICES TO REDUCE HIV/AIDS IN AFRICAN-AMERICAN COMMUNITY.

    (a) In General.--For the purpose of reducing HIV/AIDS in the 
African-American community, the Secretary, acting through the Director 
of the Office of Minority Health, may make grants to public health 
agencies and faith-based organizations to conduct--
            (1) outreach activities related to HIV/AIDS prevention and 
        testing activities;
            (2) HIV/AIDS prevention activities; and
            (3) HIV/AIDS testing activities.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $50,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

 Subtitle B--Substance Abuse and Mental Health Services Administration

SEC. 111. GRANTS FOR SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES TO 
              PUBLIC HEALTH AGENCIES AND FAITH-BASED ORGANIZATIONS.

    (a) In General.--The Secretary, acting through the Administrator of 
the Substance Abuse and Mental Health Services Administration, may make 
grants to public health agencies and faith-based organizations to--
            (1) conduct HIV/AIDS and sexually transmitted disease 
        outreach, prevention, and testing activities that are targeted 
        to the African-American community; and
            (2) in connection with such activities, provide substance 
        abuse testing and mental health services to members of such 
        community.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $90,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

SEC. 112. SERVICES FOR HIV/AIDS AFFECTED YOUTH WHO ARE SEPARATED FROM 
              THEIR FAMILIES.

    (a) In General.--The Secretary, acting through the Administrator of 
the Substance Abuse and Mental Health Services Administration, may make 
grants to faith- and community-based organizations to provide family 
reunification services, mental health counseling, HIV/AIDS and sexually 
transmitted disease testing, and substance abuse testing and treatment 
to youth who--
            (1)(A) have run away from home;
            (B) are homeless; or
            (C) reside in a detention center or foster care; and
            (2) are HIV positive or at risk for HIV/AIDS, including 
        young men who have sex with men.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

         Subtitle C--Centers for Disease Control and Prevention

SEC. 121. PUBLIC HEALTH INTERVENTION AND PREVENTION ACTIVITIES.

    (a) In General.--For the purpose of reducing HIV/AIDS, sexually 
transmitted diseases, tuberculosis, and viral hepatitis in African-
American communities, the Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, may make grants to faith-
based organizations for public health intervention and prevention 
activities, including the use of rapid testing in traditional and 
nontraditional settings to increase the number of individuals who know 
their status at the point of care and are put into treatment.
    (b) Partnerships.--In carrying out this section, the Secretary 
shall encourage grantees to enter into partnerships with public health 
agencies.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

SEC. 122. HIV/AIDS PREVENTION AND EDUCATION.

    (a) Prevention Activities.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, shall 
expand and intensify HIV/AIDS prevention activities in African-American 
communities. Such activities--
            (1) shall be targeted to specific populations;
            (2) shall be comprehensive and accurately based on science 
        and research; and
            (3) shall include information on abstinence, the proper use 
        of condoms, risks associated with unprotected sex, and the 
        value of sexual delay particularly among young adolescents and 
        teenagers.
    (b) Education.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall expand and intensify 
HIV/AIDS educational activities targeting Black women, youth, and men 
who have sex with men.
    (c) Coordination.--The Secretary shall carry out this section in 
coordination with public schools of all levels, Black organizations, 
historically Black colleges and universities, and faith-based 
organizations and institutions.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $90,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

SEC. 123. BUILDING CAPACITY OF COMMUNITIES.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall expand funding to 
eligible entities to build the capacity of African-American communities 
to respond to HIV/AIDS.
    (b) Emphasis.--In carrying out this section, the Secretary shall 
emphasize the provision of funding for policy development, education, 
technical assistance, and training--
            (1) to national and local faith-based organizations; and
            (2) to organizations with a significant history of working 
        within the African-American community on HIV/AIDS issues, an 
        interdenominational center of seminaries specializing in the 
        training of African-American clergy, and historically Black 
        colleges and universities.
    (c) Definition.--In this section, the term ``eligible entity'' 
means a national or community-based organization with a history and 
tradition of service to African-American communities.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $25,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

SEC. 124. NATIONAL MEDIA OUTREACH CAMPAIGN.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall implement a national 
media outreach campaign that urges all sexually active individuals to 
be tested for and know their HIV/AIDS status.
    (b) Requirements.--The national media outreach campaign under this 
section shall--
            (1) be science-driven and targeted to African-American men, 
        women, and youth; and
            (2) give special emphasis to Black women and men who have 
        sex with men.
    (c) Coordination; Consultation.--The Secretary shall carry out this 
section--
            (1) in coordination with Black media outlets for print, 
        electronic, and Web-based media and Black media associations, 
        including the National Association of Black Owned Broadcasters 
        and the National Newspaper Publishers Association; and
            (2) in consultation with an advisory board including 
        representatives of the National Medical Association, faith 
        leaders, elected and appointed officials, social marketing 
        experts, and business and community stakeholders.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $10,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

               Subtitle D--National Institutes of Health

SEC. 131. RESEARCH TO DEVELOP BEHAVIORAL STRATEGIES TO REDUCE 
              TRANSMISSION OF HIV/AIDS.

    (a) In General.--The Secretary, acting through the Director of the 
National Institutes of Health, may conduct or support culturally 
competent research to develop evidence-based behavioral strategies to 
reduce the transmission of HIV/AIDS within the African-American 
community.
    (b) Priority.--In carrying out this section, the Secretary shall 
prioritize research that focuses on populations within the African-
American community that are at increased risk for HIV/AIDS, including--
            (1) men who have sex with men; and
            (2) women.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $10,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

SEC. 132. STUDY OF BIOLOGICAL AND BEHAVIORAL FACTORS.

    (a) In General.--The Secretary, acting through the Director of the 
National Center on Minority Health and Health Disparities, may make 
grants for--
            (1) the study of biological and behavioral factors that 
        lead to increased HIV/AIDS prevalence in the African-American 
        community, to be conducted by researchers with a history and 
        tradition of service to Black communities; and
            (2) behavioral and structural network research and 
        interventions, in collaboration with other institutes and 
        centers of the National Institutes of Health, indigenous faith 
        and national and community-based organizations with a history 
        and tradition of conducting such research for Black 
        communities, with a special emphasis on Black women and Black 
        men who have sex with men.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.

        Subtitle E--Health Resources and Services Administration

SEC. 141. HEALTH CARE PROFESSIONALS TREATING INDIVIDUALS WITH HIV/AIDS.

    Part E of title VII of the Public Health Service Act (42 U.S.C. 
294n et seq.) is amended by adding at the end the following:

 ``Subpart 3--Health Care Professionals Treating Individuals With HIV/
                                  AIDS

``SEC. 775. BETTER CARE FOR INDIVIDUALS WITH HIV/AIDS.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration and in consultation 
with the African-American church community, may award grants for any of 
the following:
            ``(1) Development of curricula for training primary care 
        providers in HIV/AIDS prevention and care.
            ``(2) Training health care professionals with expertise in 
        HIV/AIDS to provide care to individuals with HIV/AIDS.
            ``(3) Development by grant recipients under title XXVI and 
        other persons of policies for providing culturally relevant and 
        sensitive treatment to individuals with HIV/AIDS, with 
        particular emphasis on treatment to African-Americans and 
        children with HIV/AIDS.
            ``(4) Development and implementation of programs to 
        increase the use of telemedicine to respond to HIV/AIDS-
        specific health care needs in rural and minority communities, 
        with particular emphasis given to medically underserved 
        communities and the southern States.
            ``(5) Creation of faith- and community-based certification 
        programs for providers in HIV/AIDS care and support services.
            ``(6) Establishment of comfort care centers that provide 
        mental, emotional, and psycho-social counseling for people with 
        HIV/AIDS and implement additional protocols to be carried out 
        in the centers that address the needs of children and young 
        adults who are infected with the disease and are transitioning 
        from childhood to adulthood.
            ``(7) Incentive payments to health care providers supported 
        by the Health Resources and Services Administration to 
        implement HIV/AIDS testing consistent with the guidelines 
        issued in 2006 by the Centers for Disease Control and 
        Prevention entitled `Revised Recommendations for HIV Testing of 
        Adults, Adolescents, and Pregnant Women in Health-Care 
        Settings'.
    ``(b) Definition.--In this section, the term `HIV/AIDS' has the 
meaning given to such term in section 2688.
    ``(c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2010, and such sums as may be necessary for fiscal years 2011 through 
2014.''.

                       Subtitle F--Miscellaneous

SEC. 151. REPORT ON IMPACT OF HIV/AIDS IN THE AFRICAN-AMERICAN 
              COMMUNITY.

    (a) In General.--The Secretary shall submit to Congress and the 
President an annual report on the impact of HIV/AIDS in the African-
American community.
    (b) Contents.--The report under subsection (a) shall include 
information on the--
            (1) progress that has been made in reducing the impact of 
        HIV/AIDS in such community;
            (2) opportunities that exist to make additional progress in 
        reducing the impact of HIV/AIDS in such community;
            (3) challenges that may impede such additional progress; 
        and
            (4) Federal funding necessary to achieve substantial 
        reductions in HIV/AIDS in the African-American community.

SEC. 152. STUDY ON STATUS OF HIV/AIDS EPIDEMIC AMONG AFRICAN-AMERICANS.

    (a) In General.--The Secretary of Health and Human Services shall--
            (1) seek to enter into an agreement with the Institute of 
        Medicine to document, in collaboration with an academic 
        organization which specializes in the identification and 
        reduction of health disparities within the African-American 
        community, all aspects of the HIV/AIDS epidemic among African-
        Americans, including the role that historical racial or ethnic 
        barriers play in sustaining the epidemic among African-
        Americans;
            (2) submit a report to the President, the Director of the 
        Office of National AIDS Policy Coordination, the Director of 
        the White House Domestic Policy Council, the Director of White 
        House Office of Faith-Based and Neighborhood Partnerships, key 
        Federal agencies, and the relevant committees of the Congress 
        on the status of the HIV/AIDS epidemic among African-Americans 
        in the United States; and
            (3) include in such report--
                    (A) specific recommendations on the implementation 
                of Federal policies to reduce the burden of HIV/AIDS in 
                the African-American community; and
                    (B) a special focus on the Black clergy and the 
                church as a unique resource in the African-American 
                community.
    (b) Authorization of Appropriations.--
            (1) In general.--To carry out this section, there is 
        authorized to be appropriated $2,000,000 for each of fiscal 
        years 2010 and 2011.
            (2) Special rule.--Of the amount of funds appropriated to 
        carry out this section for a fiscal year--
                    (A) 45 percent shall be allocated to the Institutes 
                of Medicine pursuant to the agreement entered into 
                under subsection (a)(1);
                    (B) 45 percent shall be allocated to an academic 
                organization which specializes in the identification 
                and reduction of health disparities within the African-
                American community pursuant to such agreement; and
                    (C) 10 percent shall be allocated for 
                administrative costs and other activities under this 
                section.

                        TITLE II--MISCELLANEOUS

SEC. 201. SENSE OF CONGRESS ON NATIONAL BLACK CLERGY HIV/AIDS AWARENESS 
              SUNDAY.

    It is the sense of Congress that--
            (1) there should be established a National Black Clergy 
        HIV/AIDS Awareness Sunday on which the Congress and the 
        President call on members of the Black clergy--
                    (A) to become involved at the local community level 
                in HIV/AIDS testing, policy, and advocacy;
                    (B) to discuss the HIV/AIDS epidemic with their 
                congregations and the community at-large; and
                    (C) to urge members of their congregations to 
                reduce risk factors, practice safe sex and other 
                preventive measures, be tested for HIV/AIDS, and seek 
                care when appropriate; and
            (2) an appropriate Sunday should be selected for this 
        occasion.

SEC. 202. SENSE OF CONGRESS ON FEDERAL AGENCIES WITH RESPONSIBILITY FOR 
              PREVENTING, TESTING FOR, AND TREATING HIV/AIDS.

    It is the sense of Congress that all Federal agencies with a 
responsibility for preventing, testing for, and treating HIV/AIDS 
should--
            (1) adopt policies for prevention, testing, and treatment 
        that are consistent with the guidelines issued in 2006 by the 
        Centers for Disease Control and Prevention, entitled ``Revised 
        Recommendations for HIV Testing of Adults, Adolescents, and 
        Pregnant Women in Health-Care Settings''; and
            (2) begin a systemic, aggressive approach to implementing 
        voluntary, routine testing as part of all health exams, 
        including in emergency rooms, clinics, and private physician 
        offices.

SEC. 203. SENSE OF CONGRESS ON FEDERAL BUREAU OF PRISONS PROCEDURES FOR 
              INMATES WITH HIV.

    It is the sense of Congress that the Federal Bureau of Prisons 
should implement procedures for--
            (1) voluntary HIV testing as a routine component of inmate 
        care; and
            (2) referral to care as a routine component of release 
        planning for inmates with HIV/AIDS, including referral to 
        community-based care and faith-based institutions.
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