[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1219 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1219

 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.


_______________________________________________________________________


                    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. Fawell, 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 Connecticut, 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 
 Hawaii, 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. 
  Velazquez, 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 Representatives 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--Csubpart i--public health service generallyh Service
Sec. 2501. Duties of Secretary.
Sec. 2502. Advisory council.
Sec. 2503. Comprehensive plan for expenditure of appropriations.
Sec. 2504. Budgetsubpart ii--intra-agency coordination
Sec. 2511. Individual offices on HIV prevention.
     Part B--Programssubpart i--certain authoritiesl and Prevention
Sec. 2521. Administratsubpart ii--certain programs
Sec. 2531. Epidemiology and surveillance.
Sec. 2532. Communitysubpart iii--additional programsk individuals.
Sec. 2541. Public education.
Sec. 2542. Specific populations.
Sec. 2543. Programs for adolescents.
Sec. 2544. Research; demonstration projects.
Sec. 2545. Generalsubpart iv--programs regarding women
Sec. 2551. Preventive health services 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, coordinate, and evaluate such activities that are 
conducted or supported by the agencies specified in subsection (b).
    ``(b) Designated Agencies.--The agencies referred to in subsection 
(a) are as follows:
            ``(1) The Centers for Disease Control and Prevention.
            ``(2) The Health Resources and Services Administration.
            ``(3) The Indian Health Service.
            ``(4) The National Institutes of Health.
            ``(5) 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 individual 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 representatives 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 representatives 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 enactment of the William A. Bailey 
        Comprehensive HIV Prevention Act of 1997);
            ``(2) ensure that each such plan establishes priorities 
        among the HIV prevention activities that the agency involved is 
        authorized to carry out;
            ``(3) ensure that each such plan establishes objectives 
        regarding the HIV prevention activities of the agency, 
        describes the means for achieving the objectives, and 
        designates the date by which the objectives are expected to be 
        achieved;
            ``(4) ensure that all amounts appropriated for the HIV 
        prevention activities of the agency are expended 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 prevention activities of 
        the agency, but does not remove the responsibility of the head 
        of the agency for the approval 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 Congress, a budget request for carrying 
out each plan under section 2503 for the fiscal year, after reasonable 
opportunity 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 estimate 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 Institutes of Health, the head 
        of the agency shall establish 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 agency shall carry out the functions acting through the Director 
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 acting through 
the Director of the Centers for Disease Control 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 matters. 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 assistance to health 
departments of States or of political subdivisions.
    ``(b) Meetings.--For the purpose of improving programs that carry 
out HIV prevention activities, the Secretary may hold meetings in order 
that States, political subdivisions, the Centers for Disease Control 
and Prevention, 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 financial assistance 
to health departments of States and political 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, including 
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 department involved agrees that the project under such 
subsection will seek out and offer HIV community-based prevention 
activities to at-risk individuals .
    ``(c) Consultations and Coordination Regarding Relevant 
Communities.--The Secretary may provide financial assistance under 
subsection (a) only if the health department involved is in compliance 
with the following:
            ``(1) In developing the proposal of the health department 
        for a project under such subsection (including 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 respect to the 
                project, and the Statewide HIV Community Planning Group 
                established under subsection (i), as applicable under 
                such subsections.
                    ``(B) An appropriate number and variety of public 
                and nonprofit private entities (including community-
                based organizations) that, in the communities in which 
                the project is to be carried out--
                            ``(i) provide health services, services for 
                        disease prevention or health promotion, or 
                        social services to individuals with HIV 
                        infection or at risk of such infection; or
                            ``(ii) represent individuals with such 
                        infection or at risk of such infection.
            ``(2) In developing such proposal, the health department 
        has consulted with entities in the geographic area involved 
        that have expertise regarding HIV community-based prevention 
        activities.
            ``(3) The health department has made arrangements with 
        entities described in paragraphs (1)(B) and (2) for the purpose 
        of coordinating the activities of the project with the 
        activities of the entities.
            ``(4) The health department agrees that, in carrying out 
        the project, the department will continue to consult with such 
        entities, and will provide for the coordination of the 
        activities of the entities.
    ``(d) Identification of Communities and Priorities; Population-
Specific Strategies.--The Secretary may provide financial assistance 
under subsection (a) only if the health department involved is in 
compliance with the following:
            ``(1) The health department, in collaboration with the 
        Local HIV Community Planning Group established under subsection 
        (h) with respect to the project, and with the Statewide HIV 
        Community Planning Group established under subsection (i), as 
        applicable under such subsections--
                    ``(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 demographic 
                factors and according to such other factors as the 
                Secretary may authorize; and
                    ``(C) in the case of an at-risk population 
                identified under subparagraph (B), has 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 a population so identified, the 
        strategy developed under paragraph (1)(C) for the population 
consists of three component strategies, and each component strategy is 
particular to one of the following subpopulations:
                    ``(A) Individuals who do not have HIV infection.
                    ``(B) Individuals who do have such infection.
                    ``(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 objectives are to 
        be achieved; and
            ``(3) has specified the manner in which the extent of 
        progress toward the objectives is to be measured.
    ``(f) Certain Assessments as Precondition Regarding Identified 
Communities, Priorities, Strategies, and Objectives.--
            ``(1) In general.--With respect to the activities carried 
        out under subsections (d) and (e) regarding a project, the 
        Secretary may provide financial 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.--Assessments under 
        paragraph (1) include the following:
                    ``(A) An assessment of the current and future 
                incidence and prevalence of cases of HIV infection in 
                the general population, and in various subpopulations 
                (identified according to the factors specified in 
                subsection (d)(1)(B)).
                    ``(B) An assessment of the current and future 
                incidence and prevalence of cases of acquired immune 
                deficiency syndrome in the general population, and in 
                the subpopulations identified under subparagraph (A).
                    ``(C) Such other epidemiologic assessments 
                regarding cases of HIV infection as the Secretary may 
                require with respect to projects under subsection (a).
            ``(3) Assessments regarding community resources and 
        needs.--Assessments under paragraph (1) include the following:
                    ``(A) An assessment of the resources available for 
                carrying out HIV community-based prevention activities 
                in the communities involved.
                    ``(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 Secretary 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 individuals 
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 individuals 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 accordance 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 paragraph (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 entities 
                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 women's 
                        interests and have expertise on women'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 maintain 
                compliance with subparagraph (B).
            ``(4) Criteria for membership.--For purposes 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 operated in accordance with this 
        paragraph if--
                    ``(A) the Group allocates financial resources 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 experiences are used.
            ``(6) Waiver.--The Secretary may waive the requirement of 
        paragraph (1) if the Secretary determines that the waiver is 
        necessary to provide for the effective operation of the project 
        or projects involved.
    ``(i) Statewide HIV Community Planning Group.--
            ``(1) In general.--In the case of a health department of a 
        State that submits an application for financial assistance 
        under subsection (a), the Secretary may provide the assistance 
        only if the department 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 `Statewide Planning Group') and 
        to operate such Group in accordance with paragraphs (2) through 
        (4).
            ``(2) Purpose.--For purposes of paragraph (1), the 
        Statewide Planning Group is operated in accordance 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 paragraph (1), the 
        Statewide Planning Group is operated in accordance with this 
        paragraph if the membership of the Group includes 
        representatives of the following entities:
                    ``(A) State or local public health and education 
                agencies.
                    ``(B) State or local agencies providing treatment 
                for substance abuse.
                    ``(C) Private providers of such treatment.
                    ``(D) State or local agencies that administer 
                correctional facilities with respect to crimes.
                    ``(E) Experts in epidemiology.
                    ``(F) Experts in behavioral and social sciences, 
                including experts on conducting research on the 
                evaluation of behavioral and social sciences projects.
                    ``(G) Experts on the planning of community 
                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 infections 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 number 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 resources 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 experiences are used.
            ``(5) Waiver.--The Secretary may waive the requirement of 
        paragraph (1) if the Secretary determines that the waiver is 
        necessary to provide for the effective operation of the project 
        or projects involved.
    ``(j) Certain Expenditures.--
            ``(1) In general.--In addition to expenditures authorized 
        in subsection (a), the Secretary may authorize the expenditure 
        of financial assistance under such subsection for the following 
        purposes:
                    ``(A) Counseling individuals on HIV infection.
                    ``(B) Testing individuals for such infection, 
                including tests to confirm the presence of the 
                infection, to diagnose the extent of the deficiency in 
                the immune system, and to provide information 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 undergone 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 treatment for victims of 
        certain crimes.--
                    ``(A) In general.--In addition to expenditures 
                authorized in subsection (a), the Secretary may 
                authorize the expenditure of financial assistance under 
                such subsection for carrying out a program to provide 
                services in accordance 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 infection or any 
                other sexually transmitted disease.
                    ``(B) Program requirements.--A program 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 transmitted 
                        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 Centers for 
                        Disease Control and Prevention with respect to 
                        victims of crimes described in subparagraph 
                        (A), including the provision by the program of 
                        such diagnostic and treatment services as may 
                        be recommended in the guidelines.
            ``(3) Requirements regarding confidentiality, informed 
        consent, and other matters.--
                    ``(A) In general.--The Secretary may provide 
                financial assistance under subsection (a) only if the 
                health department involved agrees that the provisions 
                specified in subparagraph (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 contract 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 department, 
                the organization provides technical services to 
                entities that carry out HIV community-based prevention 
                activities through the project.
                    ``(B) Upon request of the health department, 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 entities, develops a 
                methodology for evaluations of whether and to what 
                extent the project has influenced individuals to avoid 
                at-risk behaviors.
            ``(2) Approval of secretary.--The organization 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 financial 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; Comprehensive Plan.--The 
Secretary may provide financial assistance 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 applicable:
            ``(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) (relating to 
                consulting and coordinating with the communities 
                involved);
                    ``(C) contains a description regarding compliance 
                with subsections (d) and (e) (relating to priorities, 
                strategies, and objectives), including a description of 
                activities and decisions under such subsections;
                    ``(D) contains the assessments required in 
                subsection (f);
                    ``(E) contains the criteria required in subsection 
                (h)(4) (relating to membership in Local HIV Community 
                Planning Groups); and
                    ``(F) contains the agreements required in this 
                section.
            ``(2) In the case of an application under subsection (a) or 
        (m), the application is in such form, is made in such manner, 
        and contains such agreements, assurances, and information as 
        the Secretary determines to be necessary to carry out the 
        purpose of the assistance involved.
    ``(o) Meetings.--For the purpose of improving the program carried 
out under this section, the Secretary may hold meetings in order that 
technical services organizations, States, political subdivisions, the 
Centers for Disease Control and Prevention, and other entities can 
exchange information and ideas.
    ``(p) Definitions.--For purposes of this section:
            ``(1) The term ``at-risk behavior' means any behavior 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 individual who 
        engages in at-risk behavior.
            ``(3) The term `HIV community-based prevention 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 required 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 activities 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 populations 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 Secretary 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 Secretary may 
        provide financial assistance to education and health 
        departments of States and political subdivisions, and may 
        provide such assistance to other public or nonprofit private 
        entities.
            ``(B) The Secretary may provide financial assistance under 
        subparagraph (A) to an educational or health department of a 
        political subdivision only after consultation with the 
        educational or health department 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 provision 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 provision 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 Outreach 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 services that 
        are related to HIV infection, including--
                    ``(A) providing prevention education on HIV, 
                including counseling on all modes of transmission 
                between individuals, including sexual contact, the use 
                of IV drugs, and maternal-fetal transmission;
                    ``(B) making available voluntary HIV testing 
                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) (relating 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 receiving services 
        pursuant to paragraph (1), including, as appropriate, referrals 
        regarding the following: treatment for HIV infection; treatment 
        for substance abuse; mental health services; pregnancy and 
        childbirth; pediatric care; housing services; public 
        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 purposes of 
        paragraph (2).
            ``(5) In the case of a woman receiving services pursuant to 
        any of paragraphs (1) through (3), providing to the partner of 
        the woman the services described 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 effective 
                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 section 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 application is in such form, is made in such manner, 
and contains 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, directly or 
        through contracts with public or private entities, 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 Secretary shall submit to the Congress 
        a report summarizing 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 purpose of otherwise carrying 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.
            ``(2) Community and migrant health centers; other 
        providers.--For the purpose of making grants under subsection 
        (a) to entities that are grantees under section 330, and to 
        other entities described in subsection (b) that are not 
        grantees under section 1001, and for the purpose of otherwise 
        carrying 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 individuals, 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 private entity that is experienced in carrying out health-
related 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 application is in such form, is made in such manner, 
and contains 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, directly or 
        through contracts with public or private entities, 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 Secretary shall submit to the Congress 
        a report summarizing 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 authorized 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 acquired 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 authorized 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 inserting ``(a) 
        In General.--For the purpose of''; and
            (2) by adding at the end the following subsection:
    ``(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 authorized 
to be appropriated such sums as may be necessary 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 following subpart:

 ``Subpart V--General Provisions Regarding Centers for Disease Control 
                             and Prevention

``SEC. 2561. TECHNICAL ASSISTANCE; SUPPLIES AND SERVICES 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 activities 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 recipient 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 recipient any 
        officer or employee of the Department of Health and Human 
        Services.
            ``(2) Corresponding reduction in payments.--With respect to 
        a request under paragraph (1), the Secretary shall reduce the 
        amount of payments under the award involved by an amount equal 
        to the costs of detailing personnel and the fair market value 
        of any supplies, equipment, or services provided 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 deficiency 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 public, and other appropriate 
        activities. Such term includes 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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