Annals of Health Law
ACHIEVING AN AIDS-FREE GENERATION
B. A Failure of Approach
An alternative approach could explicitly authorize funding for SEPs in the
appropriations bill. Other provisions in appropriations bills provide explicit
authorization for the use of federal funds.133 By publishing a more explicit
authorization, Congress can clarify that the ban no longer exists. Such a
provision in the Consolidated Appropriations Act, phrased similarly to other
affirmative provisions in the Act, could read: “The Secretary of Health and
Human Services is authorized to make available funds to be used to distribute
any needle or syringe for the purpose of preventing the spread of blood borne
pathogens in any location.”134
133. Consolidated Appropriations Act of 2010 § 505. For example, section 504
affirmatively enables funding “official reception and representation expenses” by the
Department of Labor and Education: “The Secretaries of Labor and Education are authorized
to make available not to exceed $28,000 and $22,000, respectively, from funds available for
salaries and expenses . . . .” Id. § 504 (emphasis added).
134. This proposed provision is based on the language appearing in similar appropriations
bill provisions. See id.
135. Consolidated Appropriations Act of 2012, Pub. L. No. 112-74, § 807, 125 Stat. 786,
136. See About the Committee, U.S. HOUSE OF REPRESENTATIVES COMM. ON
APPROPRIATIONS, http://appropriations.house.gov/About/ (last visited Mar. 18, 2013); see also
About the Committee, U.S.SE NATE COMM. ON APPROPRIATIONS, http://www.
appropriations.senate.gov/about-history.cfm (last visited Mar. 18, 2013).
137. “All Bills for raising Revenue shall originate in the House of Representatives; but
the Senate may propose or concur with Amendments as on other Bills.” U.S. CONST. art. I,
§ 7, cl. 1.