pursuant to such subsection will include counseling relating to measures for the prevention of exposure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome. (d) AUTHORITY FOR TRAINING.-A grantee under subsection (a) may expend the grant to train individuals to provide the services described in such subsection. (e) REQUIREMENT OF IDENTIFICATION OF NEEDS AND OBJECTIVES.— The Secretary may not make a grant under subsection (a) unless the applicant for the grant submits to the Secretary (1) information demonstrating that the applicant has, with respect to mental health treatment related to the etiologic agent for acquired immune deficiency syndrome, identified the need for such treatment in the area in which the program will be developed, established, or expanded; and (2) a description of (A) the objectives established by the applicant for the conduct of the program; and (B) the method the applicant will use to evaluate the activities conducted under the program and to determine the extent to which such objectives have been met. (f) REQUIREMENT OF APPLICATION.-The Secretary may not make a grant under subsection (a) unless (1) an application for the grant is submitted to the Secretary; (2) with respect to carrying out the purpose for which the grant is to be made, the application provides assurances of compliance satisfactory to the Secretary; (3) the application contains the information required to be submitted under subsection (e); and (4) the application otherwise 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 this section. (g) REQUIREMENT OF MINIMUM NUMBER OF GRANTS FOR FISCAL YEAR 1989.-Subject to the extent of amounts made available in appropriations Acts, the Secretary shall, for fiscal year 1989, make not less than 6 grants under subsection (a). (h) TECHNICAL ASSISTANCE AND ADMINISTRATIVE SUPPORT.-The Secretary, acting through the Director of the National Institute of Mental Health, may provide technical assistance and administrative support to grantees under subsection (a). (i) DEFINITION.-For purposes of this section, the term "mental health treatment" means individual, family or group services designed to alleviate distress, improve functional ability, or assist in changing dysfunctional behavior patterns. (j) 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 1989 through 1991. TITLE XXV-PREVENTION OF ACQUIRED IMMUNE SEC. 2500. [300ee] USE OF FUNDS. 1 (a) IN GENERAL.-The purpose of this title is to provide for the establishment of education and information programs to prevent and reduce exposure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome. (b) CONTENTS OF PROGRAMS.-All programs of education and information receiving funds under this title shall include information about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. (c) LIMITATION.-None of the funds appropriated to carry out this title may be used to provide education or information designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous substance abuse. (d) CONSTRUCTION.-Subsection (c) may not be construed to restrict the ability of an education program that includes the information required in subsection (b) to provide accurate information about various means to reduce an individual's risk of exposure to, or the transmission of, the etiologic agent for acquired immune deficiency syndrome, provided that any informational materials used are not obscene. PART A-FORMULA GRANTS TO STATES SEC. 2501. [300ee-11] ESTABLISHMENT OF PROGRAM. (a) ALLOTMENTS FOR STATES.-For the purpose described in subsection (b), the Secretary shall for each of the fiscal years 1989 through 1991 make an allotment for each State in an amount determined in accordance with section 2507. The Secretary shall make payments each such fiscal year to each State from the allotment for the State if the Secretary approves for the fiscal year involved an application submitted by the State pursuant to section 2503. (b) PURPOSE OF GRANTS.-The Secretary may not make payments under subsection (a) for a fiscal year unless the State involved agrees to expend the payments only for the purpose of carrying out, in accordance with section 2502, public information activities with respect to acquired immune deficiency syndrome. SEC. 2502. [300ee-12] PROVISIONS WITH RESPECT TO CARRYING OUT PURPOSE OF GRANTS. A State may expend payments received under section 2501(a)— 1 See footnote 1 on page 617. (1) to develop, establish, and conduct public information activities relating to the prevention and diagnosis of acquired immune deficiency syndrome for those populations or communities in the State in which there are a significant number of individuals at risk of infection with the etiologic agent for such syndrome; (2) to develop, establish, and conduct such public information activities for the general public relating to the prevention and diagnosis of such syndrome; (3) to develop, establish, and conduct activities to reduce risks relating to such syndrome, including research into the prevention of such syndrome; (4) to conduct demonstration projects for the prevention of such syndrome; (5) to provide technical assistance to public entities, to nonprofit private entities concerned with such syndrome, to schools, and to employers, for the purpose of developing information programs relating to such syndrome; (6) with respect to education and training programs for the prevention of such syndrome, to conduct such programs for health professionals (including allied health professionals), public safety workers (including emergency response employees), teachers, school administrators, and other appropriate education personnel; (7) to conduct appropriate programs for educating schoolaged children with respect to such syndrome, after consulting with local school boards; (8) to make available to physicians and dentists in the State information with respect to acquired immune deficiency syndrome, including measures for the prevention of exposure to, and the transmission of, the etiologic agent for such syndrome (which information is updated not less than annually with the most recently available scientific date 1 relating to such syndrome); (9) to carry out the initial implementation of recommendations contained in the guidelines and the model curriculum developed under section 253 of the AIDS Amendments of 1988; and (10) to make grants to public entities, and to nonprofit private entities concerned with acquired immune deficiency syndrome, for the purpose of the development, establishment, and expansion of programs for education directed toward individuals at increased risk of infection with the etiologic agent for such syndrome and activities to reduce the risks of exposure to such etiologic agent, with preference to programs directed toward populations in which there is significant evidence of such infection. 1 So in original. Probably should be "data". SEC. 2503. [300ee-13] REQUIREMENT OF SUBMISSION OF APPLICATION CONTAINING CERTAIN AGREEMENTS AND ASSURANCES. (a) IN GENERAL.-The Secretary may not make payments under section 2501(a) for a fiscal year unless (1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the payments for the fiscal year; (2) the description identifies the populations, areas, and localities in the State with a need for the services for which amounts may be provided by the State under this part; (3) the description provides information relating to the programs and activities to be supported and services to be provided, including a description of the manner in which such programs and activities will be coordinated with any similar programs and activities of public and private entities; (4) the State submits to the Secretary an application for the payments containing agreements in accordance with this part; (5) the agreements are made through certification from the chief executive officer of the State; (6) with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary; and (7) the application otherwise 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 this part. (b) OPPORTUNITY FOR PUBLIC COMMENT.-The Secretary may not make payments under section 2501(a) for a fiscal year unless the State involved agrees that, in developing and carrying out the description required in subsection (a), the State will provide public notice with respect to the description (including any revisions) and will facilitate comments from interested persons. SEC. 2504. [300ee-14] RESTRICTIONS ON USE OF GRANT. (a) IN GENERAL.-The Secretary may not make payments under section 2501(a) for a fiscal year unless the State involved agrees that the payments will not be expended (1) to provide inpatient services; (2) to make cash payments to intended recipients of services; (3) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment; or (4) to satisfy any requirement for the expenditure of nonFederal funds as a condition for the receipt of Federal funds. (b) LIMITATION ON ADMINISTRATIVE EXPENSES.-The Secretary may not make payments under section 2501(a) for a fiscal year unless the State involved agrees that the State will not expend more than 5 percent of the payments for administrative expenses with respect to carrying out the purpose described in section 2501(b). SEC. 2505. [300ee-15] REQUIREMENT OF REPORTS AND AUDITS BY STATES. (a) REPORTS.-The Secretary may not make payments under section 2501(a) for a fiscal year unless the State involved agrees to prepare and submit to the Secretary an annual report in such form |