I
106TH CONGRESS
1ST SESSION
H. R. 2405
To amend the Public Health Service Act to promote activities for the preven-
tion of additional cases of infection with the virus commonly known
as HIV.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1999
Ms. PELOSI (for herself, Mrs. MORELLA, Mr. ABERCROMBIE, Mr. BENTSEN,
Mr. BERMAN, Mr. BONIOR, Mr. BORSKI, Mrs. CHRISTENSEN, Mr. CLAY,
Mr. DAVIS of Illinois, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms.
DELAURO, Mr. DIXON, Ms. ESHOO, Mr. FALEOMAVAEGA, Mr. FARR of
California, Mr. FOLEY, Mr. FRANK of Massachusetts, Mr. FROST, Mr.
GONZALEZ, Mr. GUTIERREZ, Mr. HINCHEY, Mr. HORN, Mr. JACKSON of
Illinois, Ms. JACKSON-LEE of Texas, Mrs. JOHNSON of Connecticut, Mrs.
JONES of Ohio, Mrs. KELLY, Ms. KILPATRICK, Mr. LANTOS, Mr. LEWIS
of Georgia, Ms. LOFGREN, Mrs. MCCARTHY
of New York, Mr.
MCDERMOTT, Mr. MCGOVERN, Ms. MCKINNEY, Mrs. MALONEY of New
York, Mr. MATSUI, Mr. MEEHAN, Mrs. MEEK of Florida, Mr. GEORGE
MILLER of California, Mr. NADLER, Ms. NORTON, Mr. OLVER, Ms. RIV-
ERS, Mr. ROMERO-BARCELO´, Mr. SANDERS, Mr. SERRANO, Ms. SLAUGH-
TER, Mr. STARK, Mrs. TAUSCHER, Mr. THOMPSON of California, Mr.
TOWNS, Ms. WATERS, Mr. WAXMAN, Mr. WEINER, Mr. WEXLER, Ms.
WOOLSEY, and Mr. WYNN) introduced the following bill; which was re-
ferred to the Committee on 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SUBPART II—INTRA-AGENCY COORDINATION
Sec. 2511. Individual offices on HIV prevention.
PART B—PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION
SUBPART I—CERTAIN AUTHORITIES
Sec. 2521. Administrator of programs.
SUBPART II—CERTAIN PROGRAMS
Sec. 2531. Epidemiology and surveillance.
Sec. 2532. Community-based projects regarding at-risk individuals.
SUBPART III—ADDITIONAL PROGRAMS
Sec. 2541. Public education.
Sec. 2542. Minority groups, adolescents, and other specific populations.
Sec. 2543. Research; demonstration projects.
Sec. 2544. General authority.
SUBPART IV—PROGRAMS REGARDING WOMEN
Sec. 2551. Preventive health services regarding women.
Sec. 2552. Public education regarding women.
SUBPART V—GENERAL PROVISIONS REGARDING CENTERS FOR DISEASE
CONTROL AND PREVENTION
Sec. 2561. Technical assistance; supplies and services in lieu of funds.
Sec. 2562. Requirements for States regarding partner counseling and referrals;
epidemiological activities.
PART C—GENERAL PROVISIONS
Sec. 2591. Definitions.
TITLE I—GENERAL PROGRAMS
REGARDING PREVENTION OF
HIV INFECTION
SEC. 101. COORDINATION AMONG AGENCIES OF PUBLIC
HEALTH SERVICE.
Title XXV of the Public Health Service Act (42
U.S.C. 300ee et seq.) is amended to read as follows:
‘‘TITLE XXV—PREVENTION OF
HIV INFECTION
‘‘PART A—COORDINATION AMONG AGENCIES OF
PUBLIC HEALTH SERVICE
‘‘Subpart I—Public Health Service Generally
‘‘SEC. 2501. DUTIES OF SECRETARY.
‘‘(a) INTERAGENCY COORDINATION.—With respect to
activities for the prevention of infection with the human
immunodeficiency virus, the Secretary shall plan, coordi-
nate, and evaluate such activities that are conducted or
supported by the agencies and offices specified in sub-
section (b).
‘‘(b) DESIGNATED AGENCIES.—The agencies and of-
fices referred to in subsection (a) are as follows:
‘‘(1) The Centers for Disease Control and Pre-
vention.
‘‘(2) The Agency for Health Care Policy and
Research.
‘‘(3) The Health Resources and Services Ad-
ministration.
‘‘(4) The Indian Health Service.
‘‘(5) The National Institutes of Health.
‘‘(6) The Office of Public Health and Science
(including the Office of the Surgeon General of the
Public Health Service and the Office of Minority
Health).
‘‘(7) The Substance Abuse and Mental Health
Services Administration.
‘‘(c) CONSULTATIONS.—The Secretary shall carry
out this part (including developing and revising the plans
required in section 2503) in consultation with the heads
of the designated agencies and with the advisory council
established under section 2502.
‘‘SEC. 2502. ADVISORY COUNCIL.
‘‘(a) IN GENERAL.—The Secretary shall establish an
advisory council to be known as the Secretary’s Advisory
Council on HIV Prevention (in this section referred to as
the ‘Advisory Council’). The Advisory Council shall make
recommendations to the Secretary on carrying out this
part, including recommendations on developing plans
under section 2503, and including reviewing and making
recommendations on such plans that have been developed.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The Advisory Council shall
be composed of such individuals as the Secretary
may select, subject to paragraphs (2) and (3).
‘‘(2) AGENCY
REPRESENTATIVES.—The heads
of each of the designated agencies (or the designees
of such heads) shall serve as ex officio, nonvoting
members of the Advisory Council.
‘‘(3) APPOINTED
MEMBERS.—The Secretary
shall appoint to the Advisory Council individuals
who are not officers or employees of the Federal
Government, which individuals shall serve as voting
members of the Council. Of such individuals—
‘‘(A) no fewer than one shall be an indi-
vidual who conducts research on HIV preven-
tion activities;
‘‘(B) no fewer than one shall be an expert
in specific health communications and social
marketing;
‘‘(C) no fewer than one shall be a public
health official of a State;
‘‘(D) no fewer than one shall be the chief
public health officer of a political subdivision;
‘‘(E) no fewer than two shall be represent-
atives of community-based organizations that
carry out HIV prevention activities;
‘‘(F) no fewer than two shall be individuals
with HIV infection;
‘‘(G) no fewer than two shall be represent-
atives of individuals who are at significant risk
of contracting HIV infection;
‘‘(H) no fewer than two shall be women;
‘‘(I) no fewer than two shall be individuals
who are members of racial or ethnic minority
groups; and
‘‘(J) no fewer than two shall be youths.
‘‘(c) COORDINATION WITH ACTIVITIES OF PRESI-
DENTIAL ADVISORY COUNCIL.—The Advisory Council
shall coordinate its activities under subsection (a) with the
activities of the advisory council that advises the President
with respect to HIV prevention activities.
‘‘SEC. 2503. COMPREHENSIVE PLAN FOR EXPENDITURE OF
APPROPRIATIONS.
‘‘Subject to the provisions of this section and other
applicable law, the Secretary, in carrying out section 2501,
shall—
‘‘(1) establish, for each designated agency, a
comprehensive plan for the conduct and support of
all HIV prevention activities of the agency (which
plan shall be first established under this paragraph
not later than 12 months after the date of the enact-
ment of the Comprehensive HIV Prevention Act of
1999);
‘‘(2) ensure that each such plan establishes pri-
orities among the HIV prevention activities that the
agency involved is authorized to carry out;
‘‘(3) ensure that each such plan establishes ob-
jectives regarding the HIV prevention activities of
the agency, describes the means for achieving the
objectives, and designates the date by which the ob-
jectives are expected to be achieved;
‘‘(4) ensure that all amounts appropriated for
the HIV prevention activities of the agency are ex-
pended in accordance with the plan;
‘‘(5) review the plan not less than annually, and
revise the plan as appropriate;
‘‘(6) ensure that the plan serves as a broad,
binding statement of policies regarding HIV preven-
tion activities of the agency, but does not remove the
responsibility of the head of the agency for the ap-
proval of specific programs or projects, or for other
details of the daily administration of such activities,
in accordance with the plan; and
‘‘(7) ensure that the plan is coordinated with
each other plan established under paragraph (1) in
order to form a single plan that integrates the HIV
prevention activities of the Public Health Service.
‘‘SEC. 2504. BUDGET REQUESTS.
‘‘(a) REQUESTS OF SECRETARY.—With respect to a
fiscal year, the Secretary shall prepare and submit directly
to the President, for review and transmittal to the Con-
gress, a budget request for carrying out each plan under
section 2503 for the fiscal year, after reasonable oppor-
tunity for comment by the head of the designated agency
for which the plan has been developed and by the advisory
council established under section 2502. The budget esti-
mate shall include an estimate of the number and type
of personnel needs for the designated agencies.
‘‘(b) REQUESTS OF DESIGNATED AGENCIES.—With
respect to a fiscal year, the head of each designated agency
shall, not later than the date specified by the Secretary,
prepare and submit to the Secretary a proposed budget
request for carrying out the plan under section 2503 that
has been developed for the agency. The Secretary shall
consider such request in carrying out subsection (a) with
respect to the agency.’’.
SEC. 102. INDIVIDUAL OFFICES ON HIV PREVENTION.
Title XXV of the Public Health Service Act, as
amended by section 101 of this Act, is amended by adding
at the end of part A the following subpart:
‘‘Subpart II—Intra-Agency Coordination
‘‘SEC. 2511. INDIVIDUAL OFFICES ON HIV PREVENTION.
‘‘(a) IN GENERAL.—
‘‘(1) ADMINISTRATION OF AUTHORITIES.—The
Secretary shall carry out this section acting through
the heads of the designated agencies.
‘‘(2) INDIVIDUAL
OFFICES.—With respect to
each designated agency other than the National In-
stitutes of Health, the head of the agency shall es-
tablish within the agency an office to carry out the
functions described in subsection (b). Such office
shall be headed by a director, who shall be appointed
by the head of the agency.
‘‘(b) FUNCTIONS.—With respect to preparing and
submitting plans under section 2503, and with respect to
any other function established under subpart I for the
heads of designated agencies, the head of each such agen-
cy shall carry out the functions acting through the Direc-
tor of the office established under subsection (a) for the
agency (except that such functions of the Director of the
National Institutes of Health shall be carried out by such
Director acting through the Director of the Office of AIDS
Research established under section 2351).’’.
SEC. 103. PROGRAMS OF CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Title XXV of the Public Health Service Act, as
amended by section 102 of this Act, is amended by adding
at the end the following part:
‘‘PART B—PROGRAMS OF CENTERS FOR DISEASE
CONTROL AND PREVENTION
‘‘Subpart I—Certain Authorities
‘‘SEC. 2521. ADMINISTRATOR OF PROGRAMS.
‘‘This part shall be carried out by the Secretary act-
ing through the Director of the Centers for Disease Con-
trol and Prevention.
‘‘Subpart II—Certain Programs
‘‘SEC. 2531. EPIDEMIOLOGY AND SURVEILLANCE.
‘‘(a) IN GENERAL.—The Secretary may conduct
studies and carry out other activities to assist public and
nonprofit private entities in obtaining epidemiological data
on the human immunodeficiency virus (including data on
acquired immune deficiency syndrome) and related mat-
ters. Such activities may include surveillance activities and
other relevant data-collection activities. Studies and other
activities under this subsection may be conducted by the
Secretary directly or through the provision of financial as-
sistance to health departments of States or of political
subdivisions.
‘‘(b) MEETINGS.—For the purpose of improving pro-
grams that carry out HIV prevention activities, the Sec-
retary may hold meetings in order that States, political
subdivisions, the Centers for Disease Control and Preven-
tion, and other entities can exchange information and
ideas.
‘‘(c) FUNDING.—For the purpose of carrying out this
section, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 2000
through 2002.
‘‘SEC. 2532. COMMUNITY-BASED PROJECTS REGARDING AT-
RISK INDIVIDUALS.
‘‘(a) IN GENERAL.—The Secretary may provide fi-
nancial assistance to health departments of States and po-
litical subdivisions to operate projects for the purpose of
carrying out, in the communities of at-risk individuals,
HIV prevention activities to educate the individuals on the
transmission of the human immunodeficiency virus, in-
cluding activities to encourage the individuals—
‘‘(1) to avoid the particular behaviors placing
the individuals at significant risk of contracting HIV
infection; and
‘‘(2) to avoid the particular behaviors placing
the individuals at significant risk of transmitting
such infection to other individuals.
‘‘(b) COMPREHENSIVE PLAN; CONSULTATIONS AND
COORDINATION REGARDING RELEVANT COMMUNITIES.—
A condition for the receipt of financial assistance under
subsection (a) is that the health department involved is
in compliance with the following:
‘‘(1) The health department has developed a
comprehensive plan for carrying out a project under
such subsection.
‘‘(2) In developing the plan (including with re-
spect to subsections (c) and (d)), the health depart-
ment collaborated with the HIV Community Plan-
ning Group operated under subsection (g) for the
project.
‘‘(3) In developing the plan (including with re-
spect to subsections (c) and (d)), the health depart-
ment consulted with an appropriate number and va-
riety of public and nonprofit private entities (includ-
ing community-based organizations) that, in the
communities in which the project is to be carried
out—
‘‘(A) provide health services, services for
disease prevention or health promotion, or so-
cial services to individuals with HIV infection
or at risk of such infection; or
‘‘(B) represent individuals with such infec-
tion or at risk of such infection.
‘‘(4) In developing the plan, the health depart-
ment consulted with entities in the geographic area
involved that have expertise regarding HIV commu-
nity-based prevention activities.
‘‘(5) The health department has made arrange-
ments with entities described in paragraphs (3) and
(4) for the purpose of coordinating the activities of
the project with the activities of the entities.
‘‘(6) The health department agrees that, in car-
rying out the project, the department will continue
to consult with such entities, and will provide for the
coordination of the activities of the entities.
‘‘(c) IDENTIFICATION OF COMMUNITIES AND PRIOR-
ITIES; POPULATION-SPECIFIC STRATEGIES; ALLOCATION
OF ASSISTANCE.—A condition for the receipt of financial
assistance under subsection (a) is that the health depart-
ment involved is in compliance with the following:
‘‘(1) The health department, on the basis of the
epidemiological and other assessments conducted
under subsection (e)—
‘‘(A) has identified the geographic area in
which the project under such subsection is to be
carried out;
‘‘(B) has identified the at-risk populations
that are to be given priority in the project, and
has identified the populations according to de-
mographic factors and according to such other
factors as the Secretary may authorize; and
‘‘(C) has, for each such at-risk population,
developed a particular strategy for carrying out
HIV community-based prevention activities for
the population (including a specification of the
particular activities to be carried out).
‘‘(2) In the case of each such at-risk popu-
lation, the strategy developed under paragraph
(1)(C) for the population consists of three compo-
nent strategies, and each component strategy is par-
ticular to one of the following subpopulations:
‘‘(A) Individuals who do not have HIV in-
fection.
‘‘(B) Individuals who do have such infec-
tion.
‘‘(C) Individuals whose status regarding
such infection is unknown.
‘‘(3) The plan under subsection (b)(1) provides
for the allocation of the financial assistance in a
manner that equitably reflects the need for HIV
community-based prevention activities in such at-
risk populations, as indicated by the assessments
conducted under subsection (e).
‘‘(d) PROJECT OBJECTIVES.—A condition for the re-
ceipt of financial assistance under subsection (a) is that
the health department involved has, on the basis of the
epidemiological and other assessments conducted under
subsection (e)—
‘‘(1) specified the objectives to be achieved
through the strategies identified under paragraphs
(1)(C) and (2) of subsection (c);
‘‘(2) specified the date by which the objectives
are to be achieved; and
‘‘(3) specified the manner in which the extent
of progress toward the objectives is to be measured.
‘‘(e) EPIDEMIOLOGICAL ASSESSMENTS; OTHER AS-
SESSMENTS.—
‘‘(1) EPIDEMIOLOGICAL ASSESSMENTS.—A con-
dition for the receipt of financial assistance under
subsection (a) is that, for purposes of subsections (c)
and (d), the following assessments have been con-
ducted:
‘‘(A) An assessment of the current and fu-
ture incidence and prevalence of cases of HIV
infection in the general population, and in var-
ious subpopulations (identified according to the
factors specified in subsection (c)(1)(B)).
‘‘(B) An assessment of the current and fu-
ture incidence and prevalence of cases of ac-
quired immune deficiency syndrome in the gen-
eral population, and in the subpopulations iden-
tified under subparagraph (A).
‘‘(C) Such other epidemiologic assessments
regarding cases of HIV infection as the Sec-
retary may require with respect to projects
under subsection (a).
‘‘(2) ASSESSMENTS
REGARDING
COMMUNITY
RESOURCES AND NEEDS.—A condition for the re-
ceipt of financial assistance under subsection (a) is
that, for purposes of subsections (c) and (d), the fol-
lowing assessments have been conducted:
‘‘(A) An assessment of the resources avail-
able for carrying out HIV community-based
prevention activities in the communities in-
volved.
‘‘(B) An assessment of the extent to which
such activities are being carried out in such
communities, and the extent of unmet needs for
the activities.
‘‘(f) ADDITIONAL CONDITIONS.—Conditions for the
receipt of financial assistance under subsection (a) are
that the health department involved agree as follows:
‘‘(1) That the project under such subsection
will seek out and offer HIV community-based pre-
vention activities to at-risk individuals.
‘‘(2) That HIV community-based prevention ac-
tivities carried out through the project will be pro-
vided in the language and cultural context most ap-
propriate for the individuals served by the project.
‘‘(3) That the health department will maintain
expenditures of non-Federal amounts for HIV pre-
vention activities of the health department at a level
that is not less than the level of such expenditures
maintained by the department for the fiscal year
preceding the fiscal year for which the department
receives an award of such assistance.
‘‘(g) HIV COMMUNITY PLANNING GROUP.—
‘‘(1) IN GENERAL.—A condition for the receipt
of financial assistance under subsection (a) is that,
with respect to a project under such subsection, the
health department involved agree to operate in ac-
cordance with paragraphs (2) through (4) a panel of
individuals to be known as the HIV Community
Planning Group (in this subsection referred to as
the ‘Planning Group’). At the option of the State in
which the project will be carried out—
‘‘(A) the Planning Group may be a local
group composed in accordance with paragraph
(3); or
‘‘(B) the Planning Group may be a State-
wide group composed in accordance with para-
graph (4).
‘‘(2) CERTAIN REQUIREMENTS.—For purposes
of paragraph (1), the Planning Group for a project
is operated in accordance with this paragraph
(whether a local group or a Statewide group) if the
following conditions are met:
‘‘(A) The Group carries out functions in
the project in accordance with applicable guide-
lines, established by the Director of the Centers
for Disease Control and Prevention, for the op-
eration of projects for community planning with
respect to the prevention of HIV infection.
‘‘(B) The Group includes—
‘‘(i) individuals who represent wom-
en’s interests and have expertise on wom-
en’s health, including the treatment of
women who have HIV infection;
‘‘(ii) no fewer than two individuals
who are members of racial or ethnic minor-
ity groups; and
‘‘(iii) no fewer than two youths.
‘‘(C) The Group allocates financial re-
sources to ensure that women, individuals who
cases of HIV infection in the communities in
which the project under subsection (a) is to be
carried out.
‘‘(C) Additional individuals are selected for
membership in the Group as necessary to main-
tain compliance with subparagraph (B).
‘‘(D) The Group includes—
‘‘(i) experts in epidemiology; and
‘‘(ii) experts in behavioral and social
sciences, including experts on conducting
research on the evaluation of behavioral
and social sciences projects.
‘‘(4) COMPOSITION FOR STATEWIDE PLANNING
GROUP.—For purposes of paragraph (1), in the case
of a State that elects to operate a Planning Group
that is a Statewide group, the Planning Group is op-
erated in accordance with this paragraph if the
Group includes representatives of the following enti-
ties:
‘‘(A) State or local public health and edu-
cation agencies.
‘‘(B) State or local agencies providing
treatment for substance abuse.
‘‘(C) Private providers of such treatment.
‘‘(D) State or local agencies that admin-
ister correctional facilities with respect to
crimes.
‘‘(E) Experts in epidemiology.
‘‘(F) Experts in behavioral and social
sciences, including experts on conducting re-
search on the evaluation of behavioral and so-
cial sciences projects.
‘‘(G) Experts on the planning of commu-
nity projects.
‘‘(H) Providers of mental health services.
‘‘(I) Community-based organizations that
carry out activities or services relating to the
human immunodeficiency virus for a diverse
cross-section of individuals affected by HIV in-
fections in the communities in which projects
under subsection (a) are carried out, and that
have demonstrated ties to the geographic area
served by the project.
‘‘(J) Individuals with HIV infection.
‘‘(K) Communities with a significant num-
ber of at-risk individuals.
‘‘(5) WAIVERS.—
‘‘(A) IN
GENERAL.—The Secretary may
waive the requirement of paragraph (1) if the
Secretary determines that the waiver is nec-
essary to provide for the effective operation of
the project involved.
‘‘(B) 
COMPOSITION
OF
PLANNING
GROUP.—If a health department informs the
Secretary in writing that the health department
is unable to meet a requirement under this sub-
section regarding the composition of a Planning
Group, and the health department provides a
written explanation for such inability, the Sec-
retary may waive the requirement if the Sec-
retary determines that there is a reasonable
basis for such inability. In granting such a
waiver, the Secretary may establish an alter-
native requirement regarding the composition of
the Planning Group.
‘‘(h) CERTAIN EXPENDITURES.—
‘‘(1) COUNSELING, TESTING, AND OTHER AC-
TIVITIES.—In addition to expenditures authorized in
subsection (a), the Secretary may authorize the ex-
penditure of financial assistance under such sub-
section for the following purposes:
‘‘(A) Counseling individuals on HIV infec-
tion.
‘‘(B) Providing to individuals voluntary
testing for such infection, including tests to
confirm the presence of the infection, to diag-
nose the extent of the deficiency in the immune
system, and to provide information on appro-
priate therapeutic measures for preventing and
treating the deterioration of the immune system
and for preventing and treating conditions aris-
ing from such infection.
‘‘(C) Providing appropriate referrals and
follow-up services for individuals who have un-
dergone such counseling or testing, including, in
the case of pregnant women, referrals for pre-
natal care.
‘‘(D) Providing partner counseling and re-
ferral services with respect to HIV infection.
‘‘(E) Such other activities as the Secretary
determines to be appropriate with respect to
HIV infection.
‘‘(2) PREVENTION
OF
PERINATAL
TRANS-
MISSION.—In the case of a pregnant woman, the
Secretary may, in addition to services under para-
graph (1), authorize the expenditure of financial as-
sistance under subsection (a) to provide such pre-
natal and neonatal services as are appropriate to
prevent the perinatal transmission of HIV.
‘‘(3) VICTIMS OF SEX-RELATED CRIMES.—
‘‘(A) IN GENERAL.—In addition to expend-
itures authorized in subsection (a), the Sec-
retary may authorize the expenditure of finan-
cial assistance under such subsection for car-
rying out a program to provide services in ac-
cordance with subparagraph (B) to any victim
of a crime in which by force or threat of force
the perpetrator compelled the victim to engage
in sexual activity and in which the cir-
cumstances placed the victim at risk of con-
tracting HIV infection or any other sexually
transmitted disease.
‘‘(B) PROGRAM
REQUIREMENTS.—A pro-
gram under subparagraph (A) for a victim of a
crime is in accordance with this subparagraph
if the following conditions are met:
‘‘(i) The purpose of the program is to
make available to the victim counseling on
HIV infection and other sexually trans-
mitted diseases, appropriate referrals and
follow-up services, and services pursuant to
clause (iii).
‘‘(ii) The purpose described in clause
(i) for the program is carried out without
regard to whether an alleged perpetrator of
the crime has been taken into the custody
of law enforcement officials, without regard
to whether the alleged perpetrator has
been tested for HIV infection, and without
regard to whether the victim has reported
the crime to law enforcement officials.
‘‘(iii) The program is carried out in
accordance with any guidelines that may
be established by the Director of the Cen-
ters for Disease Control and Prevention
with respect to victims of crimes described
in subparagraph (A), including the provi-
sion by the program of such diagnostic and
treatment services as may be recommended
in the guidelines.
‘‘(i) REQUIREMENTS REGARDING CONFIDENTIALITY,
INFORMED CONSENT, AND OTHER MATTERS.—
‘‘(1) IN GENERAL.—A condition for the receipt
of financial assistance under subsection (a) is that
the health department involved agree that the provi-
sions specified in paragraph (2) apply to the award
of such assistance to the same extent and in the
same manner as such provisions apply to grants
under section 2651.
‘‘(2) SPECIFICATION OF PROVISIONS.—The pro-
visions referred to in paragraph (1) are section
2661; subsections (a), (b), (c), (d), and (f) of section
2662; and subsections (b) and (c) of section 2664.
‘‘(j) ASSISTANCE FOR PLANNING OF PROJECTS.—
The Secretary may provide financial assistance to the
health departments of States and political subdivisions for
the purpose of developing the comprehensive plans re-
quired in subsection (b)(1).
‘‘(k) APPLICATION FOR ASSISTANCE; COMPREHEN-
SIVE PLAN.—A condition for the receipt of financial as-
sistance under subsection (a) or (j) is that an application
for the assistance meeting the following requirements (as
applicable) be submitted to the Secretary:
‘‘(1) In the case of an application for assistance
under subsection (a):
‘‘(A) The application contains the com-
prehensive plan required in subsection (b)(1).
‘‘(B) The application—
‘‘(i) demonstrates that the plan was
developed in accordance with subsection
(b) (relating to collaborating, consulting
and coordinating with the communities in-
volved);
‘‘(ii) demonstrates that, in developing
the plan, the health department involved
made reasonable responses to the sugges-
tions of the HIV Community Planning
Group operated under subsection (g) for
the project; and
‘‘(iii) specifies, for each provision of
the plan, whether such Group concurs with
the provision or does not concur with the
provision.
‘‘(C) The application—
‘‘(i) specifies (through inclusion in the
plan) the decisions made in compliance
with subsections (c) and (d) (relating to
priorities, strategies, and objectives);
‘‘(ii) explains the basis of such deci-
sions;
‘‘(iii) contains the assessments re-
quired in subsection (e);
‘‘(iv) contains the criteria required in
subsection (g)(2)(E) (relating to the com-
position of HIV Community Planning
Groups); and
‘‘(v) contains the agreements required
in this section.
‘‘(2) In the case of an application for assistance
under subsection (a) or (j), the application is in such
form, is made in such manner, and contains such
agreements, assurances, and information as the Sec-
retary determines to be necessary to carry out the
purpose of the assistance involved.
‘‘(l) MEETINGS.—For the purpose of improving the
program carried out under this section, the Secretary may
hold meetings in order that technical services organiza-
tions, States, political subdivisions, the Centers for Dis-
ease Control and Prevention, and other entities can ex-
change information and ideas.
‘‘(m) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘‘at-risk behavior’ means any be-
havior that places an individual at significant risk of
contracting HIV infection or of transmitting such
infection to other individuals.
‘‘(2) The term ‘at-risk individual’ means an in-
dividual who engages in at-risk behavior.
‘‘(3) The term ‘HIV community-based preven-
tion activities’ means the HIV prevention activities
described in subsection (a).
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2002.
‘‘Subpart III—Additional Programs
‘‘SEC. 2541. PUBLIC EDUCATION.
‘‘(a) IN GENERAL.—The Secretary may, directly or
through the provision of financial assistance, carry out ac-
tivities to provide information and education to the public
on the human immunodeficiency virus.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2002.
‘‘SEC. 2542. MINORITY GROUPS, ADOLESCENTS, AND OTHER
SPECIFIC POPULATIONS.
‘‘(a) IN GENERAL.—The Secretary may, directly or
through the provision of financial assistance, carry out
HIV prevention activities with respect to specific popu-
lations identified by the Secretary.
‘‘(b) MINORITY GROUPS.—In carrying out subsection
(a), the Secretary shall as appropriate carry out HIV pre-
vention activities with respect to racial and ethnic minority
groups.
‘‘(c) ADOLESCENTS.—
‘‘(1) IN GENERAL.—In carrying out subsection
(a), the Secretary shall carry out HIV prevention ac-
tivities with respect to adolescents.
‘‘(2) SCHOOL-BASED PROGRAMS.—
‘‘(A) In carrying out HIV prevention ac-
tivities with respect to adolescents, the Sec-
retary may assist elementary and secondary
schools and institutions of higher education in
operating programs to carry out such activities.
‘‘(B)(i) The Secretary may under subpara-
graph (A) provide financial assistance to edu-
cation and health departments of States and
political subdivisions, and may provide such as-
sistance to other public or nonprofit private en-
tities.
‘‘(ii) The Secretary may provide financial
assistance under clause (i) to an educational or
health department of a political subdivision only
after consultation with the educational or health
department of the State involved.
‘‘(d) CONSULTATION WITH COMMUNITY GROUPS.—
In planning and carrying out activities under this section
for a geographic area, the Secretary shall consult with
public and nonprofit private entities in the area that have
functions relating to the activities, including any HIV
Community Planning Group that is operated under section
2532(g) for the area.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2002.
‘‘SEC. 2543. RESEARCH; DEMONSTRATION PROJECTS.
‘‘(a) IN GENERAL.—With respect to HIV prevention
activities, the Secretary may, directly or through the provi-
sion of financial assistance, conduct research and carry
out demonstration projects.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2002.
‘‘SEC. 2544. GENERAL AUTHORITY.
‘‘(a) IN GENERAL.—With respect to HIV prevention
activities, the Secretary may, directly or through the provi-
sion of financial assistance, carry out programs in addition
to the programs otherwise authorized in this part.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2002.’’.
TITLE II—PREVENTIVE HEALTH
PROGRAMS 
REGARDING
WOMEN AND HIV INFECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Women and HIV Out-
reach and Prevention Act’’.
SEC. 202. AMENDMENT REGARDING CENTERS FOR DISEASE
CONTROL AND PREVENTION.
Part B of title XXV of the Public Health Service Act,
as added by section 103 of this Act, is amended by adding
at the end the following subpart:
‘‘Subpart IV—Programs Regarding Women
‘‘SEC. 2551. PREVENTIVE HEALTH SERVICES REGARDING
WOMEN.
‘‘(a) IN GENERAL.—The Secretary may make grants
for the following purposes:
‘‘(1) Providing to women preventive health serv-
ices that are related to HIV infection, including—
‘‘(A) providing prevention education on
HIV, including counseling on all modes of
transmission between individuals, including sex-
ual contact, the use of IV drugs, and maternal-
fetal transmission;
‘‘(B) making available voluntary HIV test-
ing services to women;
‘‘(C) providing effective and close linkages
between testing and care services for women;
and
‘‘(D) providing services in accordance with
the program described in section 2532(j)(2) (re-
lating to victims of crimes in which by force or
threat of force the perpetrators compelled the
victims to engage in sexual activities).
‘‘(2) Providing appropriate referrals regarding
the provision of other services to women who are re-
ceiving services pursuant to paragraph (1), includ-
ing, as appropriate, referrals regarding the fol-
lowing: treatment for HIV infection; treatment for
substance abuse; mental health services; pregnancy
and childbirth; pediatric care; housing services; pub-
lic assistance; job training; child care; respite care;
reproductive health care; and domestic violence.
‘‘(3) Providing follow-up services regarding
such referrals, to the extent practicable.
‘‘(4) Improving referral arrangements for pur-
poses of paragraph (2).
‘‘(5) In the case of a woman receiving services
pursuant to any of paragraphs (1) through (3), pro-
viding to the partner of the woman the services de-
scribed in such paragraphs, as appropriate.
‘‘(6) With respect to the services specified in
paragraphs (1) through (5)—
‘‘(A) providing outreach services to inform
women of the availability of such services; and
‘‘(B) providing training regarding the ef-
fective provision of such services.
‘‘(b) MINIMUM QUALIFICATIONS
OF GRANTEES.—
The Secretary may make a grant under subsection (a)
only if the applicant for the grant is a grantee under sec-
tion 318, 330, or section 1001, or is another public or
nonprofit private entity that provides health or voluntary
family planning services to a significant number of low-
income women in a culturally sensitive and language-ap-
propriate manner.
‘‘(c) CONFIDENTIALITY.—The Secretary may make a
grant under subsection (a) only if the applicant for the
grant agrees to maintain the confidentiality of information
on individuals regarding screenings pursuant to subsection
(a), subject to complying with applicable law.
‘‘(d) APPLICATION FOR GRANT.—The Secretary may
make a grant under subsection (a) only if an application
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such
subsection.
‘‘(e) EVALUATIONS AND REPORTS.—
‘‘(1) EVALUATIONS.—The Secretary shall, di-
rectly or through contracts with public or private en-
tities, provide for evaluations of projects carried out
pursuant to subsection (a).
‘‘(2) REPORTS.—Not later than 1 year after the
date on which amounts are first appropriated under
subsection (f), and annually thereafter, the Sec-
retary shall submit to the Congress a report summa-
rizing evaluations carried out under paragraph (1)
during the preceding fiscal year.
‘‘(f) AUTHORIZATIONS OF APPROPRIATIONS.—
‘‘(1) TITLE
X
CLINICS.—For the purpose of
carrying out this section with respect to entities that
are grantees under section 1001, there are author-
ized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2000 through
2002.
‘‘(2) COMMUNITY AND MIGRANT HEALTH CEN-
TERS.—For the purpose of carrying out this section
with respect to entities that are grantees under sec-
tion 330, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal
years 2000 through 2002.
‘‘(3) CLINICS
REGARDING
SEXUALLY
TRANS-
MITTED DISEASES.—For the purpose of carrying out
this section with respect to entities that are grantees
under section 318, there are authorized to be appro-
priated such sums as may be necessary for each of
the fiscal years 2000 through 2002.
‘‘(4) OTHER PROVIDERS.—For the purpose of
carrying out this section with respect to entities de-
scribed in subsection (b) that are not grantees under
section 318, 330, or 1001, there are authorized to
be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2002.
‘‘SEC. 2552. PUBLIC EDUCATION REGARDING WOMEN.
‘‘(a) IN GENERAL.—The Secretary may make grants
for the purpose of developing and carrying out programs
to provide HIV prevention education to women, including
education on all modes of transmission between individ-
uals, including sexual contact, the use of IV drugs, and
maternal-fetal transmission.
‘‘(b) MINIMUM QUALIFICATIONS
OF GRANTEES.—
The Secretary may make a grant under subsection (a)
only if the applicant involved is a public or nonprofit pri-
vate entity that is experienced in carrying out health-re-
lated activities for women, with a priority given to such
entities that have successfully targeted women of color.
‘‘(c) APPLICATION FOR GRANT.—The Secretary may
make a grant under subsection (a) only if an application
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such
subsection.
‘‘(d) EVALUATIONS AND REPORTS.—
‘‘(1) EVALUATIONS.—The Secretary shall, di-
rectly or through contracts with public or private en-
tities, provide for evaluations of projects carried out
pursuant to subsection (a).
‘‘(2) REPORTS.—Not later than 1 year after the
date on which amounts are first appropriated under
subsection (e), and annually thereafter, the Sec-
retary shall submit to the Congress a report summa-
rizing evaluations carried out under paragraph (1)
during the preceding fiscal year.
‘‘(e) AUTHORIZATIONS
OF APPROPRIATIONS.—For
the purpose of carrying out this section, there are author-
ized to be appropriated such sums as may be necessary
for each of the fiscal years 2000 through 2002.’’.