[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1408 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1408

 To address the dramatic increase of HIV/AIDS in minority communities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2013

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

_______________________________________________________________________

                                 A BILL


 
 To address the dramatic increase of HIV/AIDS in minority communities.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Communities United 
with Religious leaders for the Elimination of HIV/AIDS Act of 2013'' or 
the ``CURE Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Office of Minority Health grants for activities to reduce HIV/
                            AIDS among those with the greatest rate of 
                            increasing rates of infection in the 
                            minority communities.
Sec. 5. Substance Abuse and Mental Health Services Administration 
                            grants for HIV testing and counseling 
                            services for high risk youth.
Sec. 6. Centers for Disease Control and Prevention grants for public 
                            health testing, intervention, and 
                            prevention activities.
Sec. 7. Centers for Disease Control and Prevention activities for HIV/
                            AIDS prevention and education.
Sec. 8. Centers for Disease Control and Prevention national media 
                            outreach campaign.
Sec. 9. National Center on Minority Health and Health Disparities 
                            grants for study on prevention based on 
                            behavioral factors.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The latest estimates of the Centers for Disease Control 
        and Prevention of the incidence of new HIV infections in the 
        United States indicate that HIV remains a serious health 
        problem.
            (2) It has been estimated that 1.3 million people in the 
        United States are living with HIV/AIDS. Approximately 50,000 
        people in the United States are newly infected and nearly one 
        in five of those are not aware that they are infected.
            (3) Racial and ethnic minorities accounted for almost 71 
        percent of the newly diagnosed cases of HIV infection in 2010. 
        The national HIV rates (per 100,000 persons) for minority 
        groups as of 2010 was 68.9 for Blacks, 27.5 for Hispanics, 19.3 
        for Native Hawaiian and Pacific Islanders, 9.7 for American 
        Indian/Alaska Natives, and 6.5 for Asian Americans.
            (4) Although Blacks are only 14 percent of the United 
        States population, they account for half (44 percent) of all 
        new HIV infection cases in 2010. They are 8.0 times more likely 
        to have HIV than Whites.
            (5) Black women accounted for 13 percent of all new HIV 
        infections in the United States in 2010 and nearly 64 percent 
        of all new infections among women. Most black women (87 
        percent) were infected through heterosexual sex. In 2010, AIDS 
        was the third leading cause of death in black women 35 to 44 
        years of age. This equates to the death rate from HIV of 22 
        times more likely than White women.
            (6) Black men represented almost one-third (31 percent) of 
        all new HIV infections in the United States in 2010 and account 
        for 70 percent of new HIV infections among Blacks. AIDS is also 
        the third leading cause of death for Black men 35 to 44 years 
        of age.
            (7) The rate of new HIV diagnoses among Black males 13 to 
        29 years of age who have sex with males has increased 48 
        percent between 2006 and 2009.
            (8) Second to Blacks, Hispanics compose the minority group 
        most disproportionately affected by HIV. Accounting for 16 
        percent of the United States population, Hispanics account for 
        20 percent of all new HIV infections.
            (9) In 2010, Hispanic females are almost 5 times as likely 
        to have AIDS as White females.
            (10) Over two-thirds of Asian Americans and over one-half 
        of Pacific Islanders have never been tested for HIV. Asian 
        Americans, Native Hawaiian, and Pacific Islanders account for 
        approximately one percent of HIV/AIDS cases nationally. Asian 
        Americans have lower AIDS rates than their White counterparts 
        and they are less likely to die of HIV/AIDS.
            (11) HIV/AIDS is the ninth leading cause of death in Asian 
        and Pacific Island men aged 25 to 34.
            (12) Native Hawaiians and Other Pacific Islanders are 2.6 
        times more likely to be diagnosed with HIV as compared to the 
        White population. While Native Hawaiians and Other Pacific 
        Islanders represent 0.4 percent of the total population in the 
        United States, the AIDS case rate for Native Hawaiians and 
        Other Pacific Islanders was twice that of the White population 
        in 2010.
            (13) American Indians/Alaska Natives have a 30 percent 
        higher rate of HIV/AIDS infection as compared to the White 
        population. In 2010, American Indian/Alaska Native females were 
        three times more likely to be diagnosed with HIV infection, as 
        compared to the White female population.
            (14) Runaway youth are 6 to 12 times more likely to become 
        infected with HIV than other youth.
            (15) In August 2007, the National Medical Association, 
        representing 30,000 African-American physicians, released a 
        consensus report titled ``Addressing the HIV/AIDS Crisis In The 
        African American Community: Fact, Fiction and Policy'' which 
        specifically called on the next President of the United States 
        to declare HIV/AIDS in African-American communities a public 
        health emergency. The National Medical Association has worked 
        with the National Black Leadership Commission on AIDS (NBLCA) 
        to organize clergy to advocate for the specific needs of Black 
        physicians, their patients, and those at risk in African-
        American communities. Both organizations have pledged to 
        advocate and work with clergy to develop, execute, and 
        implement these initiatives in African-American communities and 
        culture.
            (16) In October 2007, 186 Black clergy, consisting of 
        Baptist, Church of God in Christ (COGIC), Methodist, 
        Protestant, African Methodist Episcopal (AME), and Pentecostal 
        faiths came together to participate in the National Black 
        Clergy Conclave on HIV/AIDS Policy, hosted by Time Warner, 
        Inc., with other foundation support. Included in this 
        prestigious gathering were the Health Brain Trust of the 
        Congressional Black Caucus, leaders from the National 
        Conference of Black Mayors, and the National Caucus of Black 
        State Legislators. This group developed a plan of action that 
        has become the Communities United with Religious leaders to 
        Eliminate HIV/AIDS in minority communities to respond to the 
        ``on the ground'' emergency in prevention, care, and treatment 
        for AIDS in Black America.
            (17) The National Black Clergy Conclave on HIV/AIDS 
        declared the HIV/AIDS crisis in the African-American community 
        a ``public health emergency''. The National Conclave also 
        recognized that HIV/AIDS is growing in and affecting other 
        minority groups disproportionately. Therefore, the Conclave is 
        collaborating with the National Alliance for Hispanic Health, a 
        30-year-old organization aimed at Hispanic health; the Asian & 
        Pacific Islander American Health Forum, a 27-year-old national 
        organization focused on improving the health of Asian 
        Americans, Native Hawaiians, and Pacific Islanders; and the 
        Asian-Pacific Islander Wellness Center and Esperanza, a Latino 
        based national organization to end HIV/AIDS disparities within 
        these racial and minority communities.
            (18) At their April 2008 annual meeting, the National 
        Policy Alliance, consisting of the Joint Center For Political 
        and Economic Studies (secretariat), the National Black Caucus 
        of School Board Members, National Black Caucus of Local Elected 
        Officials, the Judicial Council of the National Bar 
        Association, the National Association of Black County 
        Officials, Blacks in Government, National Conference of Black 
        Mayors, and the World Council of Mayors voted unanimously to 
        support, endorse, and encourage the passage of a bill that 
        addresses the dramatic increase of HIV/AIDS in minority 
        communities and to organize their respective members to endorse 
        and support the passage of such a bill.

SEC. 3. DEFINITIONS.

    In this Act:
            (1)  AIDS, hiv, and hiv/aids.--The terms ``AIDS'', ``HIV'', 
        and ``HIV/AIDS'' have the meanings given such terms in section 
        2689 of the Public Health Service Act (42 U.S.C. 300ff-88).
            (2) Eligible health entities.--The term ``eligible health 
        entity'' means any of the following entities that serve at 
        least one minority group:
                    (A) A public health agency.
                    (B) A health center, including an entity operated 
                by an Indian tribe or tribal or Indian organization 
                under the Indian Self-Determination Act or an urban 
                Indian organization under the Indian Health Care 
                Improvement Act.
                    (C) A community-based organization.
                    (D) A faith-based organization.
            (3) Minority group.--The term ``minority group'' has the 
        meaning given the term ``racial and ethnic minority group'' 
        under section 1707(g) of the Public Health Service Act (42 
        U.S.C. 300u-6(g)) and includes such other groups as specified 
        by the Deputy Assistant Secretary for Minority Health.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 4. OFFICE OF MINORITY HEALTH GRANTS FOR ACTIVITIES TO REDUCE HIV/
              AIDS AMONG THOSE WITH THE GREATEST RATE OF INCREASING 
              RATES OF INFECTION IN THE MINORITY COMMUNITIES.

    (a) In General.--For the purpose of reducing HIV/AIDS among 
minority groups, the Secretary, acting through the Deputy Assistant 
Secretary for Minority Health, may make grants to eligible health 
entities to conduct any of the following activities, with respect to 
one or more minority groups, including youth in such groups:
            (1) HIV/AIDS education and outreach activities.
            (2) Activities focusing on the prevention of HIV/AIDS and 
        access to treatment for HIV/AIDS.
            (3) HIV/AIDS testing activities.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall submit to the Deputy Assistant 
Secretary an application at such time, in such manner, and containing 
such information as required by the Deputy Assistant Secretary.
    (c) Priority.--
            (1) In general.--In making grants under subsection (a), the 
        Secretary, acting though the Deputy Assistant Secretary for 
        Minority Health, shall give priority to applications for 
        proposed activities to serve one or more minority groups with a 
        rate of occurrence of HIV that is equal to at least the 
        applicable minimum rate specified by the Secretary under 
        paragraph (2).
            (2) Specification of minimum rate of occurrence of hiv.--
        For purposes of paragraph (1), the Secretary, in consultation 
        with relevant stakeholders, shall specify a minimum rate of 
        occurrence of HIV, which may be based on gender and geographic 
        area.
    (d) Funding.--
            (1) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $25,000,000 
        for each of the fiscal years 2014 through 2017. Any funds made 
        available to the Secretary pursuant to the previous sentence 
        for a fiscal year shall remain available until expended but in 
        no case after fiscal year 2017.
            (2) Administrative costs.--Of the amounts made available, 
        pursuant to paragraph (1), to carry out this section for a 
        year, not more than 10 percent of such amounts may be used for 
        administrative costs.

SEC. 5. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION 
              GRANTS FOR HIV TESTING AND COUNSELING SERVICES FOR HIGH 
              RISK YOUTH.

    (a) In General.--The Secretary, acting through the Administrator of 
the Substance Abuse and Mental Health Services Administration, may make 
grants to eligible health entities to provide HIV testing and 
subsequent counseling and referral for medical treatment based on the 
results of such testing, to youth who are--
            (1) members of minority groups;
            (2) not more than 18 years of age;
            (3) HIV positive or at risk for HIV/AIDS, including young 
        men of racial minorities who have sex with men; and
            (4) engaged in substance abuse.
Such youth may include those who have run away from home, are homeless, 
have had experience in the juvenile justice system, or reside in a 
detention center or foster care.
    (b) Uses of Grants.--An entity receiving a grant under this section 
may only use such grant to provide--
            (1) testing for HIV for the youth described in subsection 
        (a);
            (2) counseling for such youth--
                    (A) on information on HIV that is based on medical 
                science and annually updated; and
                    (B) to help such youth to assess HIV-risk 
                situations and alter behaviors to promote choices of 
                lower risk; and
            (3) referral to health resources, mental health resources, 
        and health organizations, which may include medical centers 
        receiving funding under part A or part B of title XXVI of the 
        Public Health Service Act.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as required by the Administrator.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for each of the 
fiscal years 2014 through 2017. Any funds made available to the 
Secretary pursuant to the previous sentence for a fiscal year shall 
remain available until expended but in no case after fiscal year 2017.

SEC. 6. CENTERS FOR DISEASE CONTROL AND PREVENTION GRANTS FOR PUBLIC 
              HEALTH TESTING, INTERVENTION, AND PREVENTION ACTIVITIES.

    (a) In General.--For the purpose of reducing the rate of occurrence 
of HIV/AIDS with respect to minority groups, the Secretary, acting 
through the Director of the Centers for Disease Control and Prevention, 
may make grants to eligible health entities for public health 
intervention and prevention activities described in subsection (b).
    (b) Grant Uses.--An entity receiving a grant under this section may 
use such grant to only conduct the following public health intervention 
and prevention activities with respect to one or more minority groups:
            (1) Rapid HIV testing.
            (2) Measures and activities to prevent the spread of HIV/
        AIDS and to minimize symptoms of HIV/AIDS.
            (3) Outreach activities targeting both females and males.
            (4) Referrals to health resources, mental health resources, 
        and health organizations.
    (c) Eligibility.--
            (1) In general.--To be eligible to receive a grant under 
        subsection (a) an entity shall submit to the Director an 
        application at such time, in such manner, and containing such 
        information as required by the Director, including the 
        provision of the assurances described in paragraph (2).
            (2) Assurances.--For purposes of paragraph (1), the 
        assurances described in this paragraph, with respect to an 
        entity seeking a grant under this section, are each of the 
        following assurances:
                    (A) Partnerships.--An assurance to the satisfaction 
                of the Secretary that the entity will enter into 
                partnerships with public or private health agencies in 
                carrying out the activities funded by the grant.
                    (B) Allocation of grant for activities for 
                females.--An assurance to the satisfaction of the 
                Secretary that the entity will use at least 60 percent 
                of the amounts received under the grant on activities 
                described in subsection (b) that are for females in 
                minority groups.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $10,000,000 for each of the 
fiscal years 2014 through 2017. Any funds made available to the 
Secretary pursuant to the previous sentence for a fiscal year shall 
remain available until expended but in no case after fiscal year 2017.

SEC. 7. CENTERS FOR DISEASE CONTROL AND PREVENTION ACTIVITIES FOR HIV/
              AIDS PREVENTION AND EDUCATION.

    (a) Prevention Activities.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, shall 
expand and intensify HIV/AIDS prevention and education activities for 
minority groups. Such activities shall--
            (1) be targeted to minority groups with a rate of 
        occurrence of HIV that is at least equal to the minimum rate of 
        occurrence specified by the Secretary under section 4(c)(2);
            (2) be comprehensive and updated annually based on science 
        and research; and
            (3) include the dissemination of medically-based 
        information on the importance of open conversation on HIV in 
        the community involved, the importance of adherence to medical 
        treatment and medication, reduction of the stigma of HIV, the 
        importance of HIV testing, risk situation assessment, methods 
        of HIV transmission prevention, and the risk of maternal-fetal 
        and maternal breast milk transmission.
    (b) Education.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall expand and intensify 
culturally appropriate and linguistically accessible HIV/AIDS 
educational activities for minority groups, including for members of 
such groups who are intravenous drug users, Hispanic and Black women, 
youth, and men who have sex with men.
    (c) Coordination.--The Secretary shall carry out this section in 
coordination with, as appropriate, public schools of all levels, 
organizations that are advocates for advancing minority health, and 
eligible health entities.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $9,000,000 for each of the 
fiscal years 2014 through 2017. Any funds made available to the 
Secretary pursuant to the previous sentence for a fiscal year shall 
remain available until expended but in no case after fiscal year 2017.

SEC. 8. CENTERS FOR DISEASE CONTROL AND PREVENTION NATIONAL MEDIA 
              OUTREACH CAMPAIGN.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall implement a national 
media outreach campaign that urges sexually active individuals who are 
members of minority groups to be tested for and know their HIV/AIDS 
status.
    (b) Requirements.--The national media outreach campaign under this 
section--
            (1) shall--
                    (A) be science-driven and targeted to minority men, 
                women, and youth; and
                    (B) give special emphasis to Black and Hispanic 
                women and minority males who have sex with males, 
                including those who are not more than 18 years of age; 
                and
            (2) may target high schools and universities with 40 
        percent or greater minority enrollment.
    (c) Local Organizations.--In implementing the campaign under 
subsection (a), the Secretary may enter into agreements with local 
organizations (as defined by the Secretary) that focus on serving a 
single metropolitan community.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $10,000,000 for each of the 
fiscal years 2014 through 2017. Any funds made available to the 
Secretary pursuant to the previous sentence for a fiscal year shall 
remain available until expended but in no case after fiscal year 2017.

SEC. 9. NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES 
              GRANTS FOR STUDY ON PREVENTION BASED ON BEHAVIORAL 
              FACTORS.

    (a) In General.--The Secretary, acting through the Director of the 
National Center on Minority Health and Health Disparities, may make 
grants to eligible entities to study behavioral factors that lead to 
increased HIV/AIDS prevalence in minority groups.
    (b) Eligible Entities.--For purposes of this section, an eligible 
entity is a public or private organization with one or more published 
studies on behaviors.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $10,000,000 for each of the 
fiscal years 2014 through 2017. Any funds made available to the 
Secretary pursuant to the previous sentence for a fiscal year shall 
remain available until expended but in no case after fiscal year 2017.
                                 <all>