SEC. 7. PRE-EXPOSURE PROPHYLAXIS FUNDING. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health and 
Human Services (in this Act referred to as the ‘‘Sec-
retary’’) shall establish a program that provides grants to 
States, territories, and Indian Tribes for the establishment 
and support of pre-exposure prophylaxis (referred to in 
this section as ‘‘PrEP’’) programs, or establishes a pro-
gram for providing Federal funding directly to eligible en-
tities within a State, territory, or Indian Tribal territory, 
in the case of a State, territory, or Indian Tribe that does 
not apply for such a grant. 
(b) GRANT PROGRAM.— 
(1) APPLICATIONS.—To be eligible to receive a 
grant under subsection (a), a State, territory, or In-
dian Tribe shall— 
(A) submit an application to the Secretary 
at such time, in such manner, and containing 
such information as the Secretary may require, 
including a description of how any funds award-
ed will be used and a plan describing how any 
funds awarded will be used to increase access to 
PrEP for uninsured individuals and reduce dis-
parities in access to PrEP; and 
(B) appoint a PrEP grant administrator to 
manage the program. 
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(2) USE OF FUNDS.—Any State, Territory of 
the United States, or Indian tribe that is awarded 
funds under subsection (a) shall use such funds for 
eligible PrEP expenses. 
(c) FEDERAL PROGRAM.— 
(1) IN GENERAL.—In the case of a State, terri-
tory, or Indian Tribe that does not submit an appli-
cation under subsection (b), the Secretary shall pro-
vide funding to any of the following, within the ap-
plicable State, territory, or Indian Tribal territory: 
(A) Federally qualified health centers (as 
defined in section 1861(aa)(4) of the Social Se-
curity Act (42 U.S.C. 1395x(aa)(4))). 
(B) Family planning grantees (other than 
States) funded under section 1001 of the Public 
Health Service Act (42 U.S.C. 300). 
(C) Rural health clinics (as defined in sec-
tion 1861(aa)(2) of the Social Security Act (42 
U.S.C. 1395x(aa)(2))). 
(D) Health facilities operated by or pursu-
ant to a contract with the Indian Health Serv-
ice. 
(E) Community-based organizations, clin-
ics, hospitals, and other health facilities that 
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provide services to individuals at risk for or liv-
ing with HIV. 
(F) Nonprofit private entities providing 
comprehensive primary care to populations at 
risk of HIV, including faith-based and commu-
nity-based organizations. 
(2) USE OF FUNDS.—Any entity receiving fund-
ing under paragraph (1) shall use such funds for eli-
gible PrEP expenses. 
(d) ELIGIBLE PREP EXPENSES.— 
(1) IN GENERAL.—The Secretary shall publish 
a list of expenses that qualify as eligible PrEP ex-
penses for purposes of this section. 
(2) INCLUSIONS.—Such list shall include— 
(A) any prescription drug approved by the 
Food and Drug Administration for the preven-
tion of HIV acquisition, laboratory and other 
diagnostic procedures associated with the use of 
such drugs, and clinical follow up and moni-
toring, including any related services rec-
ommended in current United States Public 
Health Service clinical practice guidelines, with-
out limitation; 
(B) outreach and public education activi-
ties directed toward populations overrepresented 
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in the domestic HIV epidemic that increase 
awareness about the existence of PrEP, provide 
education about access to and health care cov-
erage of PrEP, and counter stigma associated 
with the use of PrEP; and 
(C) outreach activities directed toward 
physicians and other providers that provide 
education about PrEP. 
(e) REPORT TO CONGRESS.—The Secretary shall, in 
each of the first 5 years beginning one year after the date 
of the enactment of this Act, submit to Congress, and 
make public on the internet website of Department of 
Health and Human Services, a report on the impact of 
any grants provided to States, territories, and Indian 
Tribes for the establishment and support of pre-exposure 
prophylaxis programs under this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$60,000,000 for each of the first 5 fiscal years beginning 
after the date of the enactment of this section. 
SEC. 8. CLARIFICATION. 
This Act, including the amendments made by this 
Act, shall apply notwithstanding any other provision of 
law, including Public Law 103–141. 
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SEC. 9. PRIVATE RIGHT OF ACTION. 
Any person aggrieved by a violation of this Act, in-
cluding the amendments made by this Act, may commence 
a civil action in an appropriate United States District 
Court or other court of competent jurisdiction to obtain 
relief as allowed by law as either an individual or member 
of a class. If the plaintiff is the prevailing party in such 
an action, the court shall order the defendant to pay the 
costs and reasonable attorney fees of the plaintiff. 
Æ 
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