Page:United States Statutes at Large Volume 102 Part 4.djvu/121

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PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3091

the etiologic agent for acquired immune deficiency syndrome, the State will provide to the individual appropriate counseling with respect to such syndrome, including— "(1) reviewing the information described in paragraphs (1) through (3) of subsection (a); "(2) reviewing the appropriateness of further counseling, testing, and education of the individual with respect to acquired immune deficiency s5mdrome; "(3) the importance of not exposing others to the etiologic agent for acquired immune deficiency sjoidrome; "(4) the availability in the geographic area of any appropriate services with respect to health care, including mental hecdth care and social and support services; "(5) the benefits of locating and counseling any individual by whom the infected individual may have been exposed to the etiologic agent for acquired immune deficiency sjmdrome and any individual whom the infected individual may have exposed to such etiologic agent; and "(6) the availability, if any, of the services of public health authorities with respect to locating and counseling any individual described in paragraph (4). "(d) RULE OF CONSTRUCTION WITH RESPECT TO CJOUNSEUNG WITH-

OUT TESTING.—Agreements entered into pursuant to subsections (a) through (c) may not be construed to prohibit any grantee under section 2431 from expending the grant for the purpose of providing counseling services described in such subsections to an individual who will not undergo testing described in such section as a result of the grantee or the individual determining that such testing of the individual is not appropriate. "(e) U S E OF FUNDS.—

"(1) The purpose of this part is to provide for counseling and testing services to prevent and reduce exposure to, and transmission of, the etiologic agent for acquired immune deficiency 83mdrome. "(2) All individuals receiving counseling pursuant to this part are to be counseled about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. "(3) None of the fund appropriated to carry out this part may be used to provide counseling that is designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous drug abuse. "(4) Paragraph (3) may not be construed to prohibit a counselor who hsis already performed the counseling of an individual required by paragraph (2), to provide accurate information about 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. "SEC. 2433. FUNDING.

"For the purpose of grants under section 2431, there are authorized to be appropriated $100,000,000 for each of the fiscal years 1989 and 1990.

42 USC

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