Statement of Administration Policy: H.R. 5142 - AIDS Counseling, Testing, and Research Act of 1988

(House)
(Waxman (D) California)

The President has taken decisive actions to advance the battle against AIDS through both his FY 1989 Budget — which includes $1.3 billion for Department of Health and Human Services' (HHS) AIDS-related research, prevention, and treatment programs — and his recently-adopted 10 point action plan, which responds to the recommendations of the Presidential Commission on Human Immunodeficiency Virus (HIV) Epidemic. This plan orders a number of actions to focus the efforts of the Government and private sector on this tragic human problem. Additionally, staff resources will be added in FY 1989 to the already significant numbers of Federal staff assigned to work on HIV.

Any legislation in this area must be fashioned carefully to help, rather than hinder, Federal, State, local, and private research and actions to inhibit the transmission of HIV. For the reasons stated below, the Administration does not believe H.R. 5142 should be enacted at this time.

Specifically, H.R. 5142 would:

—    provide Federal protections for confidentiality of records related to HIV testing and counseling. The Administration is looking carefully at the appropriateness of enacting Federal provisions on HIV confidentiality. H.R. 5142 also reguires routine HIV antibody testing and counseling in certain settings, which the Administration has endorsed previously (e.g., in family planning clinics and clinics that regularly provide care for sexually transmitted diseases). The bill would also assure that counseling accompanies the testing. Although their goals are laudable, these efforts must not burden those dealing with this disease in the front lines with new Federal reporting and paperwork reguirements, nor should they force uniform approaches on varying local HIV populations and problems.

—    seek to clarify HIV research authorities and institute improved management practices, such as expedited grant awards. The Administration continually seeks ways to build upon management improvements already implemented, which include coordinated HIV planning in HHS and expedited grant awards. In this regard, care must be taken not to overregulate the content and practice of HIV research and prevention. Impressive advances in HIV research and prevention have been achieved under broad statutory authorities which permit rapid and flexible responses to changing research opportunities.