I
105TH CONGRESS
1ST SESSION
H. R. 1219
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
MARCH 21, 1997
Ms. PELOSI (for herself, Mrs. MORELLA, Mr. ABERCROMBIE, Mr. ACKERMAN,
Mr. BARRETT of Wisconsin, Mr. BECERRA, Mr. BENTSEN, Mr. BERMAN,
Mr. BOEHLERT, Mr. BONIOR, Mr. BORSKI, Mr. BROWN of Ohio, Mr.
BROWN of California, Mr. CAPPS, Mr. CARDIN, Mrs. CARSON, Ms.
CHRISTIAN-GREEN, Mr. CLAY, Mr. CONYERS, Mr. CUMMINGS, Mr.
DEFAZIO, Mr. DELAHUNT, Ms. DELAURO, Mr. DELLUMS, Mr. DIXON,
Mr. ENGEL, Ms. ESHOO, Mr. EVANS, Mr. FARR of California, Mr. FA-
WELL, Mr. FAZIO of California, Mr. FILNER, Mr. FOGLIETTA, Mr. FORD,
Mr. FRANK of Massachusetts, Mr. FROST, Ms. FURSE, Mr. GEJDENSON,
Mr. GILCHREST, Mr. GILMAN, Mr. GONZALEZ, Mr. GUTIERREZ, Ms.
HARMAN, Mr. HINCHEY, Mr. HINOJOSA, Mr. HOBSON, Mr. HORN, Mr.
HOYER, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mrs.
JOHNSON of Connecticut, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs.
KELLY, Mr. KENNEDY of Massachusetts, Mrs. KENNELLY of Connecti-
cut, Mr. KIND of Wisconsin, Mr. LANTOS, Mr. LEVIN, Mr. LEWIS of
Georgia, Mrs. LOWEY, Ms. MCCARTHY of Missouri, Mr. MCDERMOTT,
Mr. MCGOVERN, Ms. MCKINNEY, Mrs. MALONEY of New York, Mr.
MARKEY, Mr. MATSUI, Mr. MEEHAN, Mrs. MEEK of Florida, Ms.
MILLENDER-MCDONALD, Mr. MILLER of California, Mrs. MINK of Ha-
waii, Mr. MORAN of Virginia, Mr. NADLER, Ms. NORTON, Mr. OLVER,
Mr. PALLONE, Mr. PAYNE, Mr. RANGEL, Mr. REGULA, Ms. RIVERS, Mr.
ROMERO-BARCELO´, Ms. ROYBAL-ALLARD, Mr. SABO, Ms. SANCHEZ, Mr.
SANDERS, Mr. SAWYER, Mr. SCHUMER, Mr. SHAYS, Mr. SERRANO, Mr.
SKAGGS, Ms. SLAUGHTER, Mr. STARK, Mr. STOKES, Mrs. TAUSCHER,
Mr. TORRES, Mr. TOWNS, Ms. VELA´ZQUEZ, Ms. WATERS, Mr. WATT of
North Carolina, Mr. WAXMAN, Ms. WOOLSEY, Mr. WYNN, Mr. YATES,
Mr. TIERNEY, Mr. DEUTSCH, and Mr. FALEOMAVAEGA) introduced the
following bill; which was referred 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘William A. Bailey
Comprehensive HIV Prevention Act of 1997’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Table of contents regarding revised title XXV of Public Health Service
Act.
TITLE I—GENERAL PROGRAMS REGARDING PREVENTION OF HIV
INFECTION
Sec. 101. Coordination among agencies of Public Health Service.
Sec. 102. Individual offices on HIV prevention.
Sec. 103. Programs of Centers for Disease Control and Prevention.
TITLE II—PREVENTIVE HEALTH PROGRAMS REGARDING WOMEN
AND HIV INFECTION
Sec. 201. Short title.
Sec. 202. Amendment regarding Centers for Disease Control and Prevention.
Sec. 203. Amendments regarding other agencies.
TITLE III—GENERAL PROVISIONS
Sec. 301. General provisions of title XXV of Public Health Service Act.
Sec. 302. Effective date.
SEC. 3. TABLE OF CONTENTS REGARDING REVISED TITLE
XXV OF PUBLIC HEALTH SERVICE ACT.
A table describing the contents of title XXV of the
Public Health Service Act, as amended by titles I through
III of this Act, is 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.
Sec. 2502. Advisory council.
Sec. 2503. Comprehensive plan for expenditure of appropriations.
Sec. 2504. Budget requests.
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. Specific populations.
Sec. 2543. Programs for adolescents.
Sec. 2544. Research; demonstration projects.
Sec. 2545. 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.
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 specified in subsection (b).
‘‘(b) DESIGNATED
AGENCIES.—The agencies re-
ferred to in subsection (a) are as follows:
‘‘(1) The Centers for Disease Control and Pre-
vention.
‘‘(2) The Health Resources and Services Ad-
ministration.
‘‘(3) The Indian Health Service.
‘‘(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 individ-
ual who conducts research on HIV prevention
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; and
‘‘(G) no fewer than two shall be represent-
atives of individuals who are at significant risk
of contracting HIV infection.
‘‘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 William A. Bailey Comprehensive HIV
Prevention Act of 1997);
‘‘(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 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 1998
through 2000.
‘‘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) OFFSITE RESPONSIBILITIES REGARDING AT-
RISK INDIVIDUALS.—The Secretary may provide financial
assistance under subsection (a) only if the health depart-
ment involved agrees that the project under such sub-
section will seek out and offer HIV community-based pre-
vention activities to at-risk individuals .
‘‘(c) CONSULTATIONS AND COORDINATION REGARD-
ING RELEVANT COMMUNITIES.—The Secretary may pro-
vide financial assistance under subsection (a) only if the
health department involved is in compliance with the fol-
lowing:
‘‘(1) In developing the proposal of the health
department for a project under such subsection (in-
cluding with respect to subsections (d) and (e)), the
health department has consulted with the following
entities:
‘‘(A) The Local HIV Community Planning
Group established under subsection (h) with re-
spect to the project, and the Statewide HIV
population (including a specification of the par-
ticular activities to be carried out).
‘‘(2) In the case of a population so identified,
the strategy developed under paragraph (1)(C) for
the population consists of three component strate-
gies, and each component strategy is particular 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.
‘‘(e) PROJECT OBJECTIVES.—The Secretary may
provide financial assistance under subsection (a) only if
the health department involved—
‘‘(1) has specified the objectives to be achieved
through the strategies identified under paragraphs
(1)(C) and (2) of subsection (d);
‘‘(2) has specified the date by which the objec-
tives are to be achieved; and
‘‘(3) has specified the manner in which the ex-
tent of progress toward the objectives is to be meas-
ured.
‘‘(f) CERTAIN ASSESSMENTS AS PRECONDITION RE-
GARDING IDENTIFIED COMMUNITIES, PRIORITIES, STRAT-
EGIES, AND OBJECTIVES.—
‘‘(1) IN GENERAL.—With respect to the activi-
ties carried out under subsections (d) and (e) re-
garding a project, the Secretary may provide finan-
cial assistance under subsection (a) for the project
only if the activities were carried out on the basis of
the assessments described in paragraphs (2) and
(3).
‘‘(2) EPIDEMIOLOGIC
ASSESSMENTS.—Assess-
ments under paragraph (1) include the following:
‘‘(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 (d)(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).
‘‘(3) ASSESSMENTS
REGARDING
COMMUNITY
RESOURCES AND NEEDS.—Assessments under para-
graph (1) include the following:
‘‘(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.
‘‘(g) CULTURAL CONTEXT OF SERVICES.—The Sec-
retary may provide financial assistance under subsection
(a) only if the health department involved agrees that HIV
community-based prevention activities carried out through
the project under such subsection will be provided in the
language and cultural context most appropriate for the in-
dividuals served by the project.
‘‘(h) LOCAL HIV COMMUNITY PLANNING GROUP.—
‘‘(1) IN GENERAL.—The Secretary may provide
financial assistance under subsection (a) only if,
with respect to a project under such subsection, the
health department involved—
‘‘(A) agrees to operate a panel of individ-
uals to be known as the Local HIV Community
Planning Group (in this subsection referred to
as the ‘Local Planning Group’) and to operate
such Group in accordance with paragraphs (2)
through (5); and
‘‘(B) submits to the Secretary the criteria
developed under paragraph (4).
‘‘(2) PURPOSE.—For purposes of paragraph
(1), the Local Planning Group is operated in accord-
ance with this paragraph if the Group carries out
functions in the project involved in accordance with
applicable guidelines, established by the Director of
the Centers for Disease Control and Prevention, for
the operation of projects for community planning
with respect to the prevention of HIV infection.
‘‘(3) COMPOSITION.—For purposes of para-
graph (1), the Local Planning Group is operated in
accordance with this paragraph if—
‘‘(A) the Group is composed of individuals
representing public and nonprofit private enti-
ties described in paragraphs (1)(B) and (2) of
subsection (c), individuals with HIV infection,
and individuals who are at significant risk of
contracting such infection;
‘‘(B) the composition of the Group reflects
the composition of the population of individuals
who are significantly affected by the extent of
cases of HIV infection in the communities in
which the project under subsection (a) is to be
carried out;
‘‘(C) the Group includes—
‘‘(i) experts in epidemiology;
‘‘(ii) experts in behavioral and social
sciences, including experts on conducting
research on the evaluation of behavioral
and social sciences projects; and
‘‘(iii) individuals who represent wom-
en’s interests and have expertise on wom-
en’s health, including the treatment of
women who have HIV infection; and
‘‘(D) additional individuals are selected for
membership in the Group as necessary to main-
tain compliance with subparagraph (B).
‘‘(4) CRITERIA
FOR
MEMBERSHIP.—For pur-
poses of paragraph (1), the Local Planning Group is
operated in accordance with this paragraph if the
members of the Group are selected in accordance
with written criteria for complying with paragraph
(3).
‘‘(5) CERTAIN REQUIREMENTS.—For purposes
of paragraph (1), the Local Planning Group is oper-
ated in accordance with this paragraph if—
‘‘(A) the Group allocates financial re-
sources to ensure that women are included in
the membership of the Group in accordance
with paragraph (3)(C); and
‘‘(B) in carrying out the functions of the
Group, qualitative data based on women’s expe-
riences are used.
‘‘(6) WAIVER.—The Secretary may waive the
requirement of paragraph (1) if the Secretary deter-
mines that the waiver is necessary to provide for the
effective operation of the project or projects in-
volved.
‘‘(i) 
STATEWIDE
HIV 
COMMUNITY
PLANNING
GROUP.—
‘‘(1) IN GENERAL.—In the case of a health de-
partment of a State that submits an application for
financial assistance under subsection (a), the Sec-
retary may provide the assistance only if the depart-
ment agrees to operate, in addition to the panel
under subsection (h), a panel of individuals to be
known as the Statewide HIV Community Planning
Group (in this subsection referred to as the ‘State-
‘‘(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.
‘‘(L) Individuals who represent women’s
interests and have expertise on women’s health,
including the treatment of women who have
HIV infection.
‘‘(4) CERTAIN REQUIREMENTS.—For purposes
of paragraph (1), the Statewide Planning Group is
operated in accordance with this paragraph if—
‘‘(A) the Group allocates financial re-
sources to ensure that women are included in
the membership of the Group in accordance
with paragraph (3)(L); and
‘‘(B) in carrying out the functions of the
Group, qualitative data based on women’s expe-
riences are used.
‘‘(5) WAIVER.—The Secretary may waive the
requirement of paragraph (1) if the Secretary deter-
mines that the waiver is necessary to provide for the
effective operation of the project or projects in-
volved.
‘‘(j) CERTAIN EXPENDITURES.—
‘‘(1) IN GENERAL.—In addition to expenditures
authorized in subsection (a), the Secretary may au-
thorize the expenditure of financial assistance under
such subsection for the following purposes:
‘‘(A) Counseling individuals on HIV infec-
tion.
‘‘(B) Testing individuals for such infection,
including tests to confirm the presence of the
infection, to diagnose the extent of the defi-
ciency in the immune system, and to provide in-
formation on appropriate therapeutic measures
for preventing and treating the deterioration of
the immune system and for preventing and
treating conditions arising from such infection.
‘‘(C) Providing appropriate referrals and
follow-up services for individuals who have un-
dergone such counseling or testing.
‘‘(D) Providing partner notification with
respect to HIV infection.
‘‘(E) Such other activities as the Secretary
determines to be appropriate with respect to
HIV infection.
‘‘(2) PROGRAM FOR COUNSELING AND TREAT-
MENT FOR VICTIMS OF CERTAIN 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 carry-
ing out a program to provide services in accord-
ance 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 circumstances
placed the victim at risk of contracting HIV in-
fection or any other sexually transmitted dis-
ease.
‘‘(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 transmit-
ted diseases, appropriate referrals and fol-
low-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.
‘‘(3) REQUIREMENTS
REGARDING
CONFIDEN-
TIALITY, INFORMED
CONSENT, AND
OTHER
MAT-
TERS.—
‘‘(A) IN
GENERAL.—The Secretary may
provide financial assistance under subsection
(a) only if the health department involved
agrees that the provisions specified in subpara-
graph (B) 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.
‘‘(B) SPECIFICATION
OF
PROVISIONS.—
The provisions 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.
‘‘(k) TECHNICAL SERVICES ORGANIZATIONS.—
‘‘(1) IN GENERAL.—The Secretary may provide
financial assistance under subsection (a) only if the
health department involved agrees that, in expending
the assistance, the department will enter into a con-
tract with an organization described in paragraph
(2) under which contract the organization provides,
for the project operated with such assistance, the
following services:
‘‘(A) Upon the request of the health de-
partment, the organization provides technical
services to entities that carry out HIV commu-
nity-based prevention activities through the
project.
‘‘(B) Upon request of the health depart-
ment, the organization assists such entities in
developing provider plans for carrying out the
activities.
‘‘(C) The organization, in collaboration
with the health department and with such enti-
ties, develops a methodology for evaluations of
whether and to what extent the project has in-
fluenced individuals to avoid at-risk behaviors.
‘‘(2) APPROVAL OF SECRETARY.—The organiza-
tion referred to in paragraph (1) is an organization
that has been approved by the Secretary as having
the necessary expertise for performing, for the
project involved, the functions specified in such
paragraph.
‘‘(l) MAINTENANCE OF EFFORT.—With respect to
HIV prevention activities, the Secretary may provide fi-
nancial assistance under subsection (a) only if the health
department involved agrees to maintain expenditures of
non-Federal amounts for such activities 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.
‘‘(m) 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 comprehensive plans to carry
out projects under subsection (a).
‘‘(n) APPLICATION FOR ASSISTANCE; COMPREHEN-
SIVE PLAN.—The Secretary may provide financial assist-
ance under subsection (a) or (m) only if an application
for the assistance is submitted to the Secretary and the
application meets the following requirements, as applica-
ble:
‘‘(1) In the case of an application for assistance
under subsection (a), the application—
‘‘(A) contains a comprehensive plan for
carrying out a project under such subsection;
‘‘(B) demonstrates that the plan has been
developed in accordance with subsection (c) (re-
ease Control and Prevention, and other entities can ex-
change information and ideas.
‘‘(p) 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).
‘‘(4) The term ‘technical services organization’,
with respect to a project under subsection (a),
means the organization that receives the contract re-
quired in subsection (k)(1) with respect to the
project.
‘‘(q) 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 1998 through 2000.
‘‘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 1998 through 2000.
‘‘SEC. 2542. 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) 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 1998 through 2000.
‘‘SEC. 2543. PROGRAMS FOR ADOLESCENTS.
‘‘(a) IN GENERAL.—The Secretary may, directly or
through the provision of financial assistance, carry out
HIV prevention activities with respect to adolescents.
‘‘(b) SCHOOL-BASED PROGRAMS.—
‘‘(1) In carrying out subsection (a), the Sec-
retary may assist elementary and secondary schools
and institutions of higher education in operating
programs to carry out HIV prevention activities.
‘‘(2)(A) In carrying out paragraph (1), the Sec-
retary may provide financial assistance to education
and health departments of States and political sub-
divisions, and may provide such assistance to other
public or nonprofit private entities.
‘‘(B) The Secretary may provide financial as-
sistance under subparagraph (A) to an educational
or health department of a political subdivision only
after consultation with the educational or health de-
partment of the State involved.
‘‘(c) 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 1998 through 2000.
‘‘SEC. 2544. 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 1998 through 2000.
‘‘SEC. 2545. 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 1998 through 2000.’’.
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 follow-
ing: treatment for HIV infection; treatment for sub-
stance abuse; mental health services; pregnancy and
childbirth; pediatric care; housing services; public as-
sistance; job training; child care; respite care; repro-
ductive 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 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-appropriate
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
making grants under subsection (a) to entities that
are grantees under section 1001, and for the pur-
pose of otherwise carrying out this section with re-
spect to such grants, there are authorized to be ap-
propriated such sums as may be necessary for each
of the fiscal years 1998 through 2000.
‘‘(2) COMMUNITY AND MIGRANT HEALTH CEN-
TERS; OTHER PROVIDERS.—For the purpose of mak-
ing grants under subsection (a) to entities that are
grantees under section 330, and to other entities de-
scribed in subsection (b) that are not grantees under
section 1001, and for the purpose of otherwise car-
rying out this section with respect to such grants,
there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years
1998 through 2000.
‘‘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-relat-
ed activities for women, with a priority given to such enti-
ties 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 1998 through 2000.’’.
SEC. 203. AMENDMENTS REGARDING OTHER AGENCIES.
(a) TREATMENT FOR SUBSTANCE ABUSE.—Subpart
1 of part B of title V of the Public Health Service Act
(42 U.S.C. 290bb et seq.) is amended by inserting after
section 509 the following section:
‘‘TREATMENT OF WOMEN FOR SUBSTANCE ABUSE
‘‘SEC. 509A. (a) IN GENERAL.—The Director of the
Center for Substance Abuse Treatment may make awards
of grants, cooperative agreements, and contracts for the
purpose of carrying out programs—
‘‘(1) to provide treatment for substance abuse
to women, including but not limited to, women with
dependent children;
‘‘(2) to provide to women who engage in such
abuse counseling on the prevention of infection with,
and the transmission of, the etiologic agent for ac-
quired immune deficiency syndrome; and
‘‘(3) to provide such counseling to women who
are the partners of individuals who engage in such
abuse.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there are author-
ized to be appropriated such sums as may be necessary
for each of the fiscal years 1998 through 2000.’’.
(b) EARLY INTERVENTION SERVICES.—Section 2655
of the Public Health Service Act (42 U.S.C. 300ff-55) is
amended—
(1) by striking ‘‘For the purpose of’’ and insert-
ing ‘‘(a) IN GENERAL.—For the purpose of’’; and
(2) by adding at the end the following sub-
section:
‘‘(b) PROGRAMS FOR WOMEN.—For the purpose of
making grants under section 2651 to provide to women
early intervention services described in such section, and
for the purpose of providing technical assistance under
section 2654(b) with respect to such grants, there are au-
thorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1998 through 2000.’’.
TITLE III—GENERAL
PROVISIONS
SEC. 301. GENERAL PROVISIONS OF TITLE XXV OF PUBLIC
HEALTH SERVICE ACT.
Title XXV of the Public Health Service Act, as
amended by titles I and II of this Act, is amended—
(1) in part B, by adding at the end the follow-
ing subpart:
‘‘Subpart V—General Provisions Regarding Centers
for Disease Control and Prevention
‘‘SEC. 2561. TECHNICAL ASSISTANCE; SUPPLIES AND SERV-
ICES IN LIEU OF FUNDS.
‘‘(a) TECHNICAL ASSISTANCE.—The Secretary may
provide training and technical assistance to applicants for,
and recipients of, financial assistance under this part with
respect to the planning, development, and operation of ac-
tivities under this part. The Secretary may provide such
technical assistance directly or through awards of financial
assistance.
‘‘(b) SUPPLIES AND SERVICES.—
‘‘(1) IN GENERAL.—Upon the request of a re-
cipient of an award under this part, the Secretary
may, subject to paragraph (2), provide supplies,
equipment, and services for the purpose of aiding
the recipient in carrying out the purpose of the
award, and for such purpose, may detail to the re-
cipient any officer or employee of the Department of
Health and Human Services.
‘‘(2) CORRESPONDING
REDUCTION
IN
PAY-
MENTS.—With respect to a request under paragraph
(1), the Secretary shall reduce the amount of pay-
ments under the award involved by an amount equal
to the costs of detailing personnel and the fair mar-
ket value of any supplies, equipment, or services pro-
vided by the Secretary. The Secretary shall, for the
payment of expenses incurred in complying with
such request, expend the amounts withheld.’’; and
(2) by adding at the end the following part:
‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 2591. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) The term ‘designated agency’ means an
agency specified in section 2501(b).
‘‘(2) The term ‘financial assistance’ means
grants, cooperative agreements, and contracts.
‘‘(3) The term ‘human immunodeficiency virus’
means the etiologic agent for acquired immune defi-
ciency syndrome.
‘‘(4) The term ‘HIV infection’ means infection
with the human immunodeficiency virus.
‘‘(5) The term ‘HIV prevention activities’
means activities for the prevention of HIV infection,
including counseling individuals, educating the pub-
lic, and other appropriate activities. Such term in-
cludes research on the prevention of HIV infection.
‘‘(6) The term ‘political subdivision’ means a
political subdivision of a State.’’.
SEC. 302. EFFECTIVE DATE.
This Act takes effect October 1, 1997, or upon the
date of the enactment of this Act, whichever occurs later.
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