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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1793 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 182
111th CONGRESS
  1st Session
                                S. 1793

  To amend title XXVI of the Public Health Service Act to revise and 
 extend the program for providing life-saving care for those with HIV/
                                 AIDS.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2009

    Mr. Harkin, from the Committee on Health, Education, Labor, and 
 Pensions, reported the following original bill; which was read twice 
                       and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
  To amend title XXVI of the Public Health Service Act to revise and 
 extend the program for providing life-saving care for those with HIV/
                                 AIDS.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Ryan White HIV/
AIDS Treatment Extension Act of 2009''.
    (b) References.--Except as otherwise specified, whenever in this 
Act an amendment is expressed in terms of an amendment to a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of the Public Health Service Act (42 U.S.C. 
201 et seq.).

SEC. 2. REAUTHORIZATION OF HIV HEALTH CARE SERVICES PROGRAM.

    (a) Elimination of Sunset Provision.--
            (1) In general.--The Ryan White HIV/AIDS Treatment 
        Modernization Act of 2006 (Public Law 109-415; 120 Stat. 2767) 
        is amended by striking section 703.
            (2) Effective date.--Paragraph (1) shall take effect as if 
        enacted on September 30, 2009.
            (3) Contingency provisions.--Notwithstanding section 703 of 
        the Ryan White HIV/AIDS Treatment Modernization Act of 2006 
        (Public Law 109-415; 120 Stat. 2767) and section 139 of the 
        Continuing Appropriations Resolution, 2010--
                    (A) the provisions of title XXVI of the Public 
                Health Service Act (42 U.S.C. 300ff et seq.), as in 
                effect on September 30, 2009, are hereby revived; and
                    (B) the amendments made by this Act to title XXVI 
                of the Public Health Service Act (42 U.S.C. 300ff et 
                seq.) shall apply to such title as so revived and shall 
                take effect as if enacted on September 30, 2009.
    (b) Part A Grants.--Section 2610(a) (42 U.S.C. 300ff-20(a)) is 
amended by striking ``and $649,500,000 for fiscal year 2009'' and 
inserting ``$649,500,000 for fiscal year 2009, $681,975,000 for fiscal 
year 2010, $716,074,000 for fiscal year 2011, $751,877,000 for fiscal 
year 2012, and $789,471,000 for fiscal year 2013''.
    (c) Part B Grants.--Section 2623(a) (42 U.S.C. 300ff-32(a)) is 
amended by striking ``and $1,285,200,000 for fiscal year 2009'' and 
inserting ``$1,285,200,000 for fiscal year 2009, $1,349,460,000 for 
fiscal year 2010, $1,416,933,000 for fiscal year 2011, $1,487,780,000 
for fiscal year 2012, and $1,562,169,000 for fiscal year 2013''.
    (d) Part C Grants.--Section 2655 (42 U.S.C. 300ff-55) is amended by 
striking ``and $235,100,000 for fiscal year 2009'' and inserting 
``$235,100,000 for fiscal year 2009, $246,855,000 for fiscal year 2010, 
$259,198,000 for fiscal year 2011, $272,158,000 for fiscal year 2012, 
and $285,766,000 for fiscal year 2013''.
    (e) Part D Grants.--Section 2671(i) (42 U.S.C. 300ff-71(i)) is 
amended by inserting before the period at the end ``, $75,390,000 for 
fiscal year 2010, $79,160,000 for fiscal year 2011, $83,117,000 for 
fiscal year 2012, and $87,273,000 for fiscal year 2013''.
    (f) Demonstration and Training Grants Under Part F.--
            (1) HIV/AIDS communities, schools, and centers.--Section 
        2692(c) (42 U.S.C. 300ff-111(c)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``is authorized'' and 
                        inserting ``are authorized''; and
                            (ii) by inserting before the period at the 
                        end ``, $36,535,000 for fiscal year 2010, 
                        $38,257,000 for fiscal year 2011, $40,170,000 
                        for fiscal year 2012, and $42,178,000 for 
                        fiscal year 2013'' ; and
                    (B) in paragraph (2)--
                            (i) by striking ``is authorized'' and 
                        inserting ``are authorized''; and
                            (ii) by inserting before the period at the 
                        end ``, $13,650,000 for fiscal year 2010, 
                        $14,333,000 for fiscal year 2011, $15,049,000 
                        for fiscal year 2012, and $15,802,000 for 
                        fiscal year 2013''.
            (2) Minority aids initiative.--Section 2693 (42 U.S.C. 
        300ff-121) is amended--
                    (A) in subsection (a), by striking ``and 
                $139,100,000 for fiscal year 2009.'' and inserting 
                ``$139,100,000 for fiscal year 2009, $146,055,000 for 
                fiscal year 2010, $153,358,000 for fiscal year 2011, 
                $161,026,000 for fiscal year 2012, and $169,077,000 for 
                fiscal year 2013. The Secretary shall develop a formula 
                for the awarding of grants under subsections (b)(1)(A) 
                and (b)(1)(B) that ensures that funding is provided 
                based on the distribution of populations 
                disproportionately impacted by HIV/AIDS.'';
                    (B) in subsection (b)(2)--
                            (i) In subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``competitive,''; and
                                    (II) by adding at the end the 
                                following:
                            ``(iv) For fiscal year 2010, $46,738,000.
                            ``(v) For fiscal year 2011, $49,075,000.
                            ``(vi) For fiscal year 2012, $51,528,000.
                            ``(vii) For fiscal year 2013, 
                        $54,105,000.'';
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``competitive''; and
                                    (II) by adding at the end the 
                                following:
                            ``(iv) For fiscal year 2010, $8,763,000.
                            ``(v) For fiscal year 2011, $9,202,000.
                            ``(vi) For fiscal year 2012, $9,662,000.
                            ``(vii) For fiscal year 2013, 
                        $10,145,000.'';
                            (iii) in subparagraph (C), by adding at the 
                        end the following:
                            ``(iv) For fiscal year 2010, $61,343,000.
                            ``(v) For fiscal year 2011, $64,410,000.
                            ``(vi) For fiscal year 2012, $67,631,000.
                            ``(vii) For fiscal year 2013, 
                        $71,012,000.'';
                            (iv) in subparagraph (D), by striking 
                        ``$18,500,000'' and all that follows through 
                        the period and inserting the following: ``the 
                        following, as applicable:
                            ``(i) For fiscal year 2010, $20,448,000.
                            ``(ii) For fiscal year 2011, $21,470,000.
                            ``(iii) For fiscal year 2012, $22,543,000.
                            ``(iv) For fiscal year 2013, 
                        $23,671,000.'';
                            (v) in subparagraph (E), by striking 
                        ``$8,500,000'' and all that follows through the 
                        period and inserting the following: ``the 
                        following, as applicable:
                            ``(i) For fiscal year 2010, $8,763,000.
                            ``(ii) For fiscal year 2011, $9,201,000.
                            ``(iii) For fiscal year 2012, $9,662,000.
                            ``(iv) For fiscal year 2013, 
                        $10,144,000.''; and
                            (vi) by adding at the end the following:
    ``(g) Synchronization of Minority AIDS Initiative.--For fiscal year 
2010 and each subsequent fiscal year, the Secretary shall incorporate 
and synchronize the schedule of application submissions and funding 
availability under this section with the schedule of application 
submissions and funding availability under the corresponding provisions 
of this title XXVI as follows:
            ``(1) The schedule for carrying out subsection (b)(1)(A) 
        shall be the same as the schedule applicable to emergency 
        assistance under part A.
            ``(2) The schedule for carrying out subsection (b)(1)(B) 
        shall be the same as the schedule applicable to care grants 
        under part B.
            ``(3) The schedule for carrying out subsection (b)(1)(C) 
        shall be the same as the schedule applicable to grants for 
        early intervention services under part C.
            ``(4) The schedule for carrying out subsection (b)(1)(D) 
        shall be the same as the schedule applicable to grants for 
        services through projects for HIV-related care under part D.
            ``(5) The schedule for carrying out subsection (b)(1)(E) 
        shall be the same as the schedule applicable to grants and 
        contracts for activities through education and training centers 
        under section 2692.''.
            (3) HHS report.--Not later than 6 months after the 
        publication of the Government Accountability Office Report on 
        the Minority Aids Initiative described in section 2686, the 
        Secretary of Health and Human Services shall submit to the 
        appropriate committees of Congress a Departmental plan for 
        using funding under section 2693 of the Public Health Service 
        Act (42 U.S.C. 300ff-93) in all relevant agencies to build 
        capacity, taking into consideration the best practices included 
        in such Report.
    (g) GAO Report.--Section 2686 (42 U.S.C. 300ff-86) is amended to 
read as follows:

``SEC. 2686. GAO REPORT.

    ``The Comptroller General of the Government Accountability Office 
shall, not less than 1 year after the date of enactment of the Ryan 
White HIV/AIDS Treatment Extension Act of 2009, submit to the 
appropriate committees of Congress a report describing Minority AIDS 
Initiative activities across the Department of Health and Human 
Services, including programs under this title and programs at the 
Centers for Disease Control and Prevention, the Substance Abuse and 
Mental Health Services Administration, and other departmental agencies. 
Such report shall include a history of program activities within each 
relevant agency and a description of activities conducted, people 
served and types of grantees funded, and shall collect and describe 
best practices in community outreach and capacity-building of community 
based organizations serving the communities that are disproportionately 
affected by HIV/AIDS.''.

SEC. 3. EXTENDED EXEMPTION PERIOD FOR NAMES-BASED REPORTING.

    (a) Part A Grants.--Section 2603(a)(3) (42 U.S.C. 300ff-13(a)(3)) 
is amended--
            (1) in subparagraph (C)--
                    (A) in clause (ii)--
                            (i) in the matter preceding subclause (I), 
                        by striking ``2009'' and inserting ``2012''; 
                        and
                            (ii) in subclause (II), by striking ``or 
                        2009'' and inserting ``or a subsequent fiscal 
                        year through fiscal year 2012'';
                    (B) in clause (iv), by striking ``2010'' and 
                inserting ``2012'';
                    (C) in clause (v), by inserting ``or a subsequent 
                fiscal year'' after ``2009'';
                    (D) in clause (vi)(II), by inserting after ``5 
                percent'' the following: ``for fiscal years before 
                fiscal year 2012 (and 6 percent for fiscal year 
                2012)'';
                    (E) in clause (ix)(II)--
                            (i) by striking ``2010'' and inserting 
                        ``2013''; and
                            (ii) by striking ``2009'' and inserting 
                        ``2012''; and
                    (F) by adding at the end the following:
                            ``(xi) Future fiscal years.--For fiscal 
                        years beginning with fiscal year 2013, 
                        determinations under this paragraph shall be 
                        based only on living names-based cases of HIV/
                        AIDS with respect to the area involved.''; and
            (2) in subparagraph (D)--
                    (A) in clause (i)--
                            (i) in the matter preceding subclause (I), 
                        by striking ``2009'' and inserting ``2012''; 
                        and
                            (ii) in subclause (II), by striking ``and 
                        2009'' and inserting ``through 2012''; and
                    (B) in clause (ii), by striking ``2009'' and 
                inserting ``2012''.
    (b) Part B Grants.--Section 2618(a)(2) (42 U.S.C. 300ff-28(a)(2)) 
is amended--
            (1) in subparagraph (D)--
                    (A) in clause (ii)--
                            (i) in the matter preceding subclause (I), 
                        by striking ``2009'' and inserting ``2012''; 
                        and
                            (ii) in subclause (II), by striking ``or 
                        2009'' and inserting ``or a subsequent fiscal 
                        year through fiscal year 2012'';
                    (B) in clause (iv), by striking ``2010'' and 
                inserting ``2012'';
                    (C) in clause (v), by inserting ``or a subsequent 
                fiscal year'' after ``2009'';
                    (D) in clause (vi)(II), by inserting after ``5 
                percent'' the following: ``for fiscal years before 
                fiscal year 2012 (and 6 percent for fiscal year 
                2012)'';
                    (E) in clause (viii)(II)--
                            (i) by striking ``2010'' and inserting 
                        ``2013''; and
                            (ii) by striking ``2009'' and inserting 
                        ``2012''; and
                    (F) by adding at the end the following:
                            ``(x) Future fiscal years.--For fiscal 
                        years beginning with fiscal year 2013, 
                        determinations under this paragraph shall be 
                        based only on living names-based cases of HIV/
                        AIDS with respect to the State involved.''; and
            (2) in subparagraph (E), by striking ``2009'' each place it 
        appears and inserting ``2012''.

SEC. 4. EXTENSION OF TRANSITIONAL GRANT AREA STATUS.

    (a) Eligibility.--Section 2609 (42 U.S.C. 300ff-19) is amended--
            (1) in subsection (c)(1)--
                    (A) in the heading, by striking ``2007'' and 
                inserting ``2011''; and
                    (B) by striking ``2007'' each place it appears and 
                inserting ``2011''; and
                    (C) by striking ``2006'' and inserting ``2010'';
            (2) in subsection (c)(2)--
                    (A) in subparagraph (A)(ii), by striking ``to have 
                a'' and inserting ``subject to subparagraphs (B) and 
                (C), to have a'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Permitting margin of error applicable to 
                certain metropolitan areas.--In applying subparagraph 
                (A)(ii) for a fiscal year after fiscal year 2008, in 
                the case of a metropolitan area that has a cumulative 
                total of at least 1,400 (and fewer than 1,500) living 
                cases of AIDS as of December 31 of the most recent 
                calendar year for which such data is available, such 
                area shall be treated as having met the criteria of 
                such subparagraph if not more than 5 percent of the 
                total from grants awarded to such area under this part 
                is unobligated as of the end of the most recent fiscal 
                year for which such data is available.''; and
                    (D) in subparagraph (C), as so redesignated, by 
                striking ``Subparagraph (A) does not apply'' and 
                inserting ``Subparagraphs (A) and (B) do not apply''; 
                and
            (3) in subsection (d)(1)(B), strike ``2009'' and insert 
        ``2013''.
    (b) Transfer of Amounts Due to Change in Status as Transitional 
Area.--Subparagraph (B) of section 2610(c)(2) (42 U.S.C. 300ff-
20(c)(2)) is amended--
            (1) by striking ``(B)'' and inserting ``(B)(i) subject to 
        clause (ii),'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(ii) for each of fiscal years 2010 through 2013, 
                notwithstanding subsection (a)--
                            ``(I) there shall be transferred to the 
                        State containing the metropolitan area, for 
                        purposes described in section 2612(a), an 
                        amount (which shall not be taken into account 
                        in applying section 2618(a)(2)(H)) equal to--
                                    ``(aa) for the first fiscal year of 
                                the metropolitan area not being a 
                                transitional area, 75 percent of the 
                                amount described in subparagraph (A)(i) 
                                for such area;
                                    ``(bb) for the second fiscal year 
                                of the metropolitan area not being a 
                                transitional area, 50 percent of such 
                                amount; and
                                    ``(cc) for the third fiscal year of 
                                the metropolitan area not being a 
                                transitional area, 25 percent of such 
                                amount; and
                            ``(II) there shall be transferred and made 
                        available for grants pursuant to section 
                        2618(a)(1) for the fiscal year, in addition to 
                        amounts available for such grants under section 
                        2623, an amount equal to the total amount of 
                        the reduction for such fiscal year under 
                        subparagraph (A), less the amount transferred 
                        for such fiscal year under subclause (I).''.

SEC. 5. HOLD HARMLESS.

    (a) Part A Grants.--Section 2603(a)(4) (42 U.S.C. 300ff-13(a)(4)) 
is amended--
            (1) in the matter preceding clause (i) in subparagraph 
        (A)--
                    (A) by striking ``2006'' and inserting ``2009''; 
                and
                    (B) by striking ``2007 through 2009'' and inserting 
                ``2010 through 2013'';
            (2) by striking clauses (i) and (ii) in subparagraph (A) 
        and inserting the following:
                            ``(i) For fiscal year 2010, an amount equal 
                        to 95 percent of the sum of the amount of the 
                        grant made pursuant to paragraph (3) and this 
                        paragraph for fiscal year 2009.
                            ``(ii) For each of the fiscal years 2011 
                        and 2012, an amount equal to 100 percent of the 
                        amount of the grant made pursuant to paragraph 
                        (3) and this paragraph for fiscal year 2010.
                            ``(iii) For fiscal year 2013, an amount 
                        equal to 92.5 percent of the amount of the 
                        grant made pursuant to paragraph (3) and this 
                        paragraph for fiscal year 2012.''; and
            (3) in subparagraph (C), by striking ``2009'' and inserting 
        ``2013''.
    (b) Part B Grants.--Section 2618(a)(2)(H) (42 U.S.C. 300ff-
28(a)(2)(H)) is amended--
            (1) in clause (i)(I)--
                    (A) by striking ``2007'' and inserting ``2010''; 
                and
                    (B) by striking ``2006'' and inserting ``2009'';
            (2) by striking clause (ii) and redesignating clause (iii) 
        as clause (ii);
            (3) in clause (ii), as so redesignated--
                    (A) in the heading, by striking ``2008 and 2009'' 
                and inserting ``2011 and 2012'';
                    (B) by striking ``2008 and 2009'' and inserting 
                ``2011 and 2012''; and
                    (C) by striking ``2007'' and inserting ``2010'';
            (4) by inserting after clause (ii), as so redesignated, the 
        following new clause:
                            ``(iii) Fiscal year 2013.--For fiscal year 
                        2013, the Secretary shall ensure that the total 
                        for a State of the grant pursuant to paragraph 
                        (1) and the grant pursuant to subparagraph (F) 
                        is not less than 92.5 percent of such total for 
                        the State for fiscal year 2012.''; and
            (5) in clause (v), by striking ``2009'' and inserting 
        ``2013''.
    (c) Technical Corrections.--Title XXVI (42 U.S.C. 300ff-11 et seq.) 
is amended--
            (1) in subparagraphs (A)(i) and (H) of section 2618(a)(2), 
        by striking the term ``subparagraph (G)'' each place it appears 
        and inserting ``subparagraph (F)'';
            (2) in sections 2620(a)(2), 2622(c)(1), and 2622(c)(4)(A), 
        by striking ``2618(a)(2)(G)(i)'' and inserting 
        ``2618(a)(2)(F)(i)'';
            (3) in sections 2622(a) and 2623(b)(2)(A), by striking 
        ``2618(a)(2)(G)'' and inserting ``2618(a)(2)(F)''; and
            (4) in section 2622(b), by striking ``2618(a)(2)(G)(ii)'' 
        and inserting ``2618(a)(2)(F)(ii)''.

SEC. 6. AMENDMENTS TO THE GENERAL GRANT PROVISIONS.

    (a) Administration and Planning Council.--Section 2602(b)(4) (42 
U.S.C. 300ff-12(b)(4)) is amended--
            (1) in subparagraph (A), by inserting ``, as well as the 
        size and demographics of the estimated population of 
        individuals with HIV/AIDS who are unaware of their HIV status'' 
        after ``HIV/AIDS'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``and'' at the end 
                after the semicolon;
                    (B) in clause (ii), by inserting ``and'' after the 
                semicolon; and
                    (C) by adding at the end the following:
                            ``(iii) individuals with HIV/AIDS who do 
                        not know their HIV status;''; and
            (3) in subparagraph (D)--
                    (A) in clause (ii), by striking ``and'' at the end 
                after the semicolon;
                    (B) in clause (iii), by inserting ``and'' after the 
                semicolon; and
                    (C) by adding at the end the following:
                            ``(iv) includes a strategy, coordinated as 
                        appropriate with other community strategies and 
                        efforts, including discrete goals, a timetable, 
                        and appropriate funding, for identifying 
                        individuals with HIV/AIDS who do not know their 
                        HIV status, making such individuals aware of 
                        such status, and enabling such individuals to 
                        use the health and support services described 
                        in section 2604, with particular attention to 
                        reducing barriers to routine testing and 
                        disparities in access and services among 
                        affected subpopulations and historically 
                        underserved communities;''.
    (b) Type and Distribution of Grants.--Section 2603(b) (42 U.S.C. 
300ff-13(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end after the semicolon;
                    (B) in subparagraph (H), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(I) demonstrates success in identifying 
                individuals with HIV/AIDS as described in clauses (i) 
                through (iii) of paragraph (2)(A).''; and
            (2) in paragraph (2)(A), by striking the period and 
        inserting: ``, and demonstrated success in identifying 
        individuals with HIV/AIDS who do not know their HIV status and 
        making them aware of such status counting one-third. In making 
        such determination, the Secretary shall consider--
                            ``(i) the number of individuals who have 
                        been tested for HIV/AIDS;
                            ``(ii) of those individuals described in 
                        clause (i), the number of individuals who 
                        tested for HIV/AIDS who are made aware of their 
                        status, including the number who test positive; 
                        and
                            ``(iii) of those individuals described in 
                        clause (ii), the number who have been referred 
                        to appropriate treatment and care.''.
    (c) Application.--Section 2605(b)(1) (42 U.S.C. 300ff-15(b)(1)) is 
amended by inserting ``, including the identification of individuals 
with HIV/AIDS as described in clauses (i) through (iii) of section 
2603(b)(2)(A)'' before the semicolon at the end.

SEC. 7. INCREASE IN ADJUSTMENT FOR NAMES-BASED REPORTING.

    (a) Part A Grants.--
            (1) Formula grants.--Section 2603(a)(3)(C)(vi) (42 U.S.C. 
        300ff-13(a)(3)(C)(vi)) is amended by adding at the end the 
        following:
                                    ``(III) Increased adjustment for 
                                certain areas previously using code-
                                based reporting.--For purposes of this 
                                subparagraph for each of fiscal years 
                                2010 through 2012, the Secretary shall 
                                deem the applicable number of living 
                                cases of HIV/AIDS in an area that were 
                                reported to and confirmed by the 
                                Centers for Disease Control and 
                                Prevention to be 3 percent higher than 
                                the actual number if--
                                            ``(aa) for fiscal year 
                                        2007, such area was a 
                                        transitional area;
                                            ``(bb) fiscal year 2007 was 
                                        the first year in which the 
                                        count of living non-AIDS cases 
                                        of HIV in such area, for 
                                        purposes of this section, was 
                                        based on a names-based 
                                        reporting system; and
                                            ``(cc) the amount of 
                                        funding that such area received 
                                        under this part for fiscal year 
                                        2007 was less than 70 percent 
                                        of the amount of funding 
                                        (exclusive of funds that were 
                                        identified as being for 
                                        purposes of the Minority AIDS 
                                        Initiative) that such area 
                                        received under such part for 
                                        fiscal year 2006.''.
            (2) Supplemental grants.--Section 2603(b)(2) (42 U.S.C. 
        300ff-13(b)(2)) is amended by adding at the end the following:
                    ``(D) Increased adjustment for certain areas 
                previously using code-based reporting.--For purposes of 
                this subsection for each of fiscal years 2010 through 
                2012, the Secretary shall deem the applicable number of 
                living cases of HIV/AIDS in an area that were reported 
                to and confirmed by the Centers for Disease Control and 
                Prevention to be 3 percent higher than the actual 
                number if the conditions described in items (aa) 
                through (cc) of subsection (a)(3)(C)(vi)(III) are all 
                satisfied.''.
    (b) Part B Grants.--Section 2618(a)(2)(D)(vi) (42 U.S.C. 300ff-
28(a)(2)(D)(vi)) is amended by adding at the end the following:
                                    ``(III) Increased adjustment for 
                                certain states previously using code-
                                based reporting.--For purposes of this 
                                subparagraph for each of fiscal years 
                                2010 through 2012, the Secretary shall 
                                deem the applicable number of living 
                                cases of HIV/AIDS in a State that were 
                                reported to and confirmed by the 
                                Centers for Disease Control and 
                                Prevention to be 3 percent higher than 
                                the actual number if--
                                            ``(aa) there is an area in 
                                        such State that satisfies all 
                                        of the conditions described in 
                                        items (aa) through (cc) of 
                                        section 2603(a)(3)(C)(vi)(III); 
                                        or
                                            ``(bb)(AA) fiscal year 2007 
                                        was the first year in which the 
                                        count of living non-AIDS cases 
                                        of HIV in such area, for 
                                        purposes of this part, was 
                                        based on a names-based 
                                        reporting system; and
                                            ``(BB) the amount of 
                                        funding that such State 
                                        received under this part for 
                                        fiscal year 2007 was less than 
                                        70 percent of the amount of 
                                        funding that such State 
                                        received under such part for 
                                        fiscal year 2006.''.

SEC. 8. TREATMENT OF UNOBLIGATED FUNDS.

    (a) Eligibility for Supplemental Grants.--Title XXVI (42 U.S.C. 
300ff-11 et seq.) is amended--
            (1) in section 2603(b)(1)(H) (42 U.S.C. 300ff-13(b)(1)(H)), 
        by striking ``2 percent'' and inserting ``5 percent''; and
            (2) in section 2620(a)(2) (42 U.S.C. 300ff-29a(a)(2)), by 
        striking ``2 percent'' and inserting ``5 percent''.
    (b) Corresponding Reduction in Future Grant.--
            (1) In general.--Title XXVI (42 U.S.C. 300ff-11 et seq.) is 
        amended--
                    (A) in section 2603(c)(3)(D)(i)(42 U.S.C. 300ff-
                13(c)(3)(D)(i)), in the matter following subclause 
                (II), by striking ``2 percent'' and inserting ``5 
                percent''; and
                    (B) in 2622(c)(4)(A) (42 U.S.C. 300ff-31a(c)(A)), 
                in the matter following clause (ii), by striking ``2 
                percent'' and inserting ``5 percent''.
            (2) Authority regarding administration of provision.--Title 
        XXVI (42 U.S.C. 300ff-11 et seq.) is amended--
                    (A) in section 2603(c) (42 U.S.C. 300ff-13(c), by 
                adding at the end the following:
            ``(4) Authority regarding administration of provisions.--In 
        administering paragraphs (2) and (3) with respect to the 
        unobligated balance of an eligible area, the Secretary may 
        elect to reduce the amount of future grants to the area under 
        subsection (a) or (b), as applicable, by the amount of any such 
        unobligated balance in lieu of cancelling such amount as 
        provided for in paragraph (2) or (3)(A). In such case, the 
        Secretary may permit the area to use such unobligated balance 
        for purposes of any such future grant. An amount equal to such 
        reduction shall be available for use as additional amounts for 
        grants pursuant to subsection (b), subject to subsection (a)(4) 
        and section 2610(d)(2). Nothing in this paragraph shall be 
        construed to affect the authority of the Secretary under 
        paragraphs (2) and (3), including the authority to grant 
        waivers under paragraph (3)(A). The reduction in future grants 
        authorized under this paragraph shall be notwithstanding the 
        penalty required under paragraph (3)(D) with respect to 
        unobligated funds.'';
                    (B) in section 2622 (42 U.S.C. 300ff-31a), by 
                adding at the end the following:
    ``(e) Authority Regarding Administration of Provisions.--In 
administering subsections (b) and (c) with respect to the unobligated 
balance of a State, the Secretary may elect to reduce the amount of 
future grants to the State under section 2618, 2620, or 2621, as 
applicable, by the amount of any such unobligated balance in lieu of 
cancelling such amount as provided for in subsection (b) or (c)(1). In 
such case, the Secretary may permit the State to use such unobligated 
balance for purposes of any such future grant. An amount equal to such 
reduction shall be available for use as additional amounts for grants 
pursuant to section 2620, subject to section 2618(a)(2)(H). Nothing in 
this paragraph shall be construed to affect the authority of the 
Secretary under subsections (b) and (c), including the authority to 
grant waivers under subsection (c)(1). The reduction in future grants 
authorized under this subsection shall be notwithstanding the penalty 
required under subsection (c)(4) with respect to unobligated funds.'';
                    (C) in section 2603(b)(1)(H) (42 U.S.C. 300ff-
                13(b)(1)(H)), by striking ``canceled'' and inserting 
                ``canceled, offset under subsection (c)(4),''; and
                    (D) in section 2620(a)(2) (42 U.S.C. 300ff-
                29a(a)(2)), by striking ``canceled'' and inserting 
                ``canceled, offset under section 2622(e),''.
    (c) Consideration of Waiver Amounts in Determining Unobligated 
Balances.--
            (1) Part a grants.--Section 2603(c)(3)(D)(i)(I) (42 U.S.C. 
        300ff-14(c)(3)(D)(i)(I)) is amended by inserting after 
        ``unobligated balance'' the following: ``(less any amount of 
        such balance that is the subject of a waiver of cancellation 
        under subparagraph (A))''.
            (2) Part b grants.--Section 2622(c)(4)(A)(i) (42 U.S.C. 
        300ff-31a(c)(4)(A)(i)) is amended by inserting after 
        ``unobligated balance'' the following: ``(less any amount of 
        such balance that is the subject of a waiver of cancellation 
        under paragraph (1))''.

SEC. 9. APPLICATIONS BY STATES.

    Section 2617(b) (42 U.S.C. Section 300ff-27(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) a comprehensive plan--
                    ``(A) containing an identification of individuals 
                with HIV/AIDS as described in clauses (i) through (iii) 
                of section 2603(b)(2)(A) and the strategy required 
                under section 2602(b)(4)(D)(iv);
                    ``(B) describing the estimated number of 
                individuals within the State with HIV/AIDS who do not 
                know their status;
                    ``(C) describing activities undertaken by the State 
                to find the individuals described in subparagraph (A) 
                and to make such individuals aware of their status;
                    ``(D) describing the manner in which the State will 
                provide undiagnosed individuals who are made aware of 
                their status with access to medical treatment for their 
                HIV/AIDS; and
                    ``(E) describing efforts to remove legal barriers, 
                including State laws and regulations, to routine 
                testing.''.

SEC. 10. ADAP REBATE FUNDS.

    (a) Use of Unobligated Funds.--Section 2622(d) (42 U.S.C. 300ff-
31a(d)) is amended by adding at the end the following: ``If an 
expenditure of ADAP rebate funds would trigger a penalty under this 
section or a higher penalty than would otherwise have applied, the 
State may request that for purposes of this section, the Secretary deem 
the State's unobligated balance to be reduced by the amount of rebate 
funds in the proposed expenditure. Notwithstanding 2618(a)(2)(F), any 
unobligated amount under section 2618(a)(2)(F)(ii)(V) that is returned 
to the Secretary for reallocation shall be used by the Secretary for--
            ``(1) the ADAP supplemental program if the Secretary 
        determines appropriate; or
            ``(2) for additional amounts for grants pursuant to section 
        2620.''.
    (b) Technical Correction.--Subclause (V) of section 
2618(a)(2)(F)(ii) (42 U.S.C. 300ff-28(a)(2)(F)(ii)) is amended by 
striking ``, subject to subclause (VI)''.

SEC. 11. APPLICATION TO PRIMARY CARE SERVICES.

    (a) In General.--Section 2671 (42 U.S.C. 300ff-71), as amended, is 
amended--
            (1) by redesignating subsection (i) as subsection (j);
            (2) in subsection (g), by striking ``subsection (i)'' and 
        inserting ``subsection (j)''; and
            (3) by inserting after subsection (h) the following:
    ``(i) Application to Primary Care Services.--Nothing in this part 
shall be construed as requiring funds under this part to be used for 
primary care services when payments are available for such services 
from other sources (including under titles XVIII, XIX, and XXI of the 
Social Security Act).''.
    (b) Provision of Care Through Memorandum of Understanding.--Section 
2671(a) (42 U.S.C. 300ff-71(a)) is amended by striking ``(directly or 
through contracts)'' and inserting ``(directly or through contracts or 
memoranda of understanding)''.

SEC. 12. NATIONAL HIV/AIDS TESTING GOAL.

    Part E of title XXVI (42 U.S.C. 300ff-81 et seq.) is amended--
     (a) by redesignating section 2688 as section 2689; and
    (b) by inserting after section 2687 the following:

``SEC. 2688. NATIONAL HIV/AIDS TESTING GOAL.

    ``(a) In General.--Not later than January 1, 2010, the Secretary 
shall establish a national HIV/AIDS testing goal of 5,000,000 tests for 
HIV/AIDS annually through federally-supported HIV/AIDS prevention, 
treatment, and care programs, including programs under this title and 
other programs administered by the Centers for Disease Control and 
Prevention.
    ``(b) Annual Report.--Not later than January 1, 2011, and annually 
thereafter, the Secretary, acting through the Director of the Centers 
for Disease Control and Prevention, shall submit to Congress a report 
describing, with regard to the preceding 12-month reporting period--
            ``(1) whether the testing goal described in subsection (a) 
        has been met;
            ``(2) the total number of individuals tested through 
        federally-supported and other HIV/AIDS prevention, treatment, 
        and care programs in each State;
            ``(3) the number of individuals who--
                    ``(A) prior to such 12-month period, were unaware 
                of their HIV status; and
                    ``(B) through federally-supported and other HIV/
                AIDS prevention, treatment, and care programs, were 
                diagnosed and referred into treatment and care during 
                such period;
            ``(4) any barriers, including State laws and regulations, 
        that the Secretary determines to be a barrier to meeting the 
        testing goal described in subsection (a);
            ``(5) the amount of funding the Secretary determines 
        necessary to meet the annual testing goal in the following 12 
        months and the amount of Federal funding expended to meet the 
        testing goal in the prior 12-month period; and
            ``(6) the most cost-effective strategies for identifying 
        and diagnosing individuals who were unaware of their HIV 
        status, including voluntary testing with pre-test counseling, 
        routine screening including opt-out testing, partner counseling 
        and referral services, and mass media campaigns.
    ``(c) Review of Program Effectiveness.--Not later than 1 year after 
the date of enactment of this section, the Secretary, in consultation 
with the Director of the Centers for Disease Control and Prevention, 
shall submit a report to Congress based on a comprehensive review of 
each of the programs and activities conducted by the Centers for 
Disease Control and Prevention as part of the Domestic HIV/AIDS 
Prevention Activities, including the following:
            ``(1) The amount of funding provided for each program or 
        activity.
            ``(2) The primary purpose of each program or activity.
            ``(3) The annual goals for each program or activity.
            ``(4) The relative effectiveness of each program or 
        activity with relation to the other programs and activities 
        conducted by the Centers for Disease Control and Prevention, 
        based on the--
                    ``(A) number of previously undiagnosed individuals 
                with HIV/AIDS made aware of their status and referred 
                into the appropriate treatment;
                    ``(B) amount of funding provided for each program 
                or activity compared to the number of undiagnosed 
                individuals with HIV/AIDS made aware of their status;
                    ``(C) program's contribution to the National HIV/
                AIDS testing goal; and
                    ``(D) progress made toward the goals described in 
                paragraph (3).
            ``(5) Recommendations if any to Congress on ways to 
        allocate funding for domestic HIV/AIDS prevention activities 
        and programs in order to achieve the National HIV/AIDS testing 
        goal.
    ``(d) Coordination With Other Federal Activities.--In pursuing the 
National HIV/AIDS testing goal, the Secretary, where appropriate, shall 
consider and coordinate with other national strategies conducted by the 
Federal Government to address HIV/AIDS.''.

SEC. 13. NOTIFICATION OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES.

    Title XXVI (42 U.S.C. 300ff-11 et seq.) is amended by adding at the 
end the following:

   ``PART G--NOTIFICATION OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES

``SEC. 2695. INFECTIOUS DISEASES AND CIRCUMSTANCES RELEVANT TO 
              NOTIFICATION REQUIREMENTS.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this part, the Secretary shall complete the development 
of--
            ``(1) a list of potentially life-threatening infectious 
        diseases, including emerging infectious diseases, to which 
        emergency response employees may be exposed in responding to 
        emergencies;
            ``(2) guidelines describing the circumstances in which such 
        employees may be exposed to such diseases, taking into account 
        the conditions under which emergency response is provided; and
            ``(3) guidelines describing the manner in which medical 
        facilities should make determinations for purposes of section 
        2695B(d).
    ``(b) Specification of Airborne Infectious Diseases.--The list 
developed by the Secretary under subsection (a)(1) shall include a 
specification of those infectious diseases on the list that are 
routinely transmitted through airborne or aerosolized means.
    ``(c) Dissemination.--The Secretary shall--
            ``(1) transmit to State public health officers copies of 
        the list and guidelines developed by the Secretary under 
        subsection (a) with the request that the officers disseminate 
        such copies as appropriate throughout the States; and
            ``(2) make such copies available to the public.

``SEC. 2695A. ROUTINE NOTIFICATIONS WITH RESPECT TO AIRBORNE INFECTIOUS 
              DISEASES IN VICTIMS ASSISTED.

    ``(a) Routine Notification of Designated Officer.--
            ``(1) Determination by treating facility.--If a victim of 
        an emergency is transported by emergency response employees to 
        a medical facility and the medical facility makes a 
        determination that the victim has an airborne infectious 
        disease, the medical facility shall notify the designated 
        officer of the emergency response employees who transported the 
        victim to the medical facility of the determination.
            ``(2) Determination by facility ascertaining cause of 
        death.--If a victim of an emergency is transported by emergency 
        response employees to a medical facility and the victim dies at 
        or before reaching the medical facility, the medical facility 
        ascertaining the cause of death shall notify the designated 
        officer of the emergency response employees who transported the 
        victim to the initial medical facility of any determination by 
        the medical facility that the victim had an airborne infectious 
        disease.
    ``(b) Requirement of Prompt Notification.--With respect to a 
determination described in paragraph (1) or (2) of subsection (a), the 
notification required in each of such paragraphs shall be made as soon 
as is practicable, but not later than 48 hours after the determination 
is made.

``SEC. 2695B. REQUEST FOR NOTIFICATION WITH RESPECT TO VICTIMS 
              ASSISTED.

    ``(a) Initiation of Process by Employee.--If an emergency response 
employee believes that the employee may have been exposed to an 
infectious disease by a victim of an emergency who was transported to a 
medical facility as a result of the emergency, and if the employee 
attended, treated, assisted, or transported the victim pursuant to the 
emergency, then the designated officer of the employee shall, upon the 
request of the employee, carry out the duties described in subsection 
(b) regarding a determination of whether the employee may have been 
exposed to an infectious disease by the victim.
    ``(b) Initial Determination by Designated Officer.--The duties 
referred to in subsection (a) are that--
            ``(1) the designated officer involved collect the facts 
        relating to the circumstances under which, for purposes of 
        subsection (a), the employee involved may have been exposed to 
        an infectious disease; and
            ``(2) the designated officer evaluate such facts and make a 
        determination of whether, if the victim involved had any 
        infectious disease included on the list issued under paragraph 
        (1) of section 2695(a), the employee would have been exposed to 
        the disease under such facts, as indicated by the guidelines 
        issued under paragraph (2) of such section.
    ``(c) Submission of Request to Medical Facility.--
            ``(1) In general.--If a designated officer makes a 
        determination under subsection (b)(2) that an emergency 
        response employee may have been exposed to an infectious 
        disease, the designated officer shall submit to the medical 
        facility to which the victim involved was transported a request 
        for a response under subsection (d) regarding the victim of the 
        emergency involved.
            ``(2) Form of request.--A request under paragraph (1) shall 
        be in writing and be signed by the designated officer involved, 
        and shall contain a statement of the facts collected pursuant 
        to subsection (b)(1).
    ``(d) Evaluation and Response Regarding Request to Medical 
Facility.--
            ``(1) In general.--If a medical facility receives a request 
        under subsection (c), the medical facility shall evaluate the 
        facts submitted in the request and make a determination of 
        whether, on the basis of the medical information possessed by 
        the facility regarding the victim involved, the emergency 
        response employee was exposed to an infectious disease included 
        on the list issued under paragraph (1) of section 2695(a), as 
        indicated by the guidelines issued under paragraph (2) of such 
        section.
            ``(2) Notification of exposure.--If a medical facility 
        makes a determination under paragraph (1) that the emergency 
        response employee involved has been exposed to an infectious 
        disease, the medical facility shall, in writing, notify the 
        designated officer who submitted the request under subsection 
        (c) of the determination.
            ``(3) Finding of no exposure.--If a medical facility makes 
        a determination under paragraph (1) that the emergency response 
        employee involved has not been exposed to an infectious 
        disease, the medical facility shall, in writing, inform the 
        designated officer who submitted the request under subsection 
        (c) of the determination.
            ``(4) Insufficient information.--
                    ``(A) If a medical facility finds in evaluating 
                facts for purposes of paragraph (1) that the facts are 
                insufficient to make the determination described in 
                such paragraph, the medical facility shall, in writing, 
                inform the designated officer who submitted the request 
                under subsection (c) of the insufficiency of the facts.
                    ``(B)(i) If a medical facility finds in making a 
                determination under paragraph (1) that the facility 
                possesses no information on whether the victim involved 
                has an infectious disease included on the list under 
                section 2695(a), the medical facility shall, in 
                writing, inform the designated officer who submitted 
                the request under subsection (c) of the insufficiency 
                of such medical information.
                    ``(ii) If after making a response under clause (i) 
                a medical facility determines that the victim involved 
                has an infectious disease, the medical facility shall 
                make the determination described in paragraph (1) and 
                provide the applicable response specified in this 
                subsection.
    ``(e) Time for Making Response.--After receiving a request under 
subsection (c) (including any such request resubmitted under subsection 
(g)(2)), a medical facility shall make the applicable response 
specified in subsection (d) as soon as is practicable, but not later 
than 48 hours after receiving the request.
    ``(f) Death of Victim of Emergency.--
            ``(1) Facility ascertaining cause of death.--If a victim 
        described in subsection (a) dies at or before reaching the 
        medical facility involved, and the medical facility receives a 
        request under subsection (c), the medical facility shall 
        provide a copy of the request to the medical facility 
        ascertaining the cause of death of the victim, if such facility 
        is a different medical facility than the facility that received 
        the original request.
            ``(2) Responsibility of facility.--Upon the receipt of a 
        copy of a request for purposes of paragraph (1), the duties 
        otherwise established in this subpart regarding medical 
        facilities shall apply to the medical facility ascertaining the 
        cause of death of the victim in the same manner and to the same 
        extent as such duties apply to the medical facility originally 
        receiving the request.
    ``(g) Assistance of Public Health Officer.--
            ``(1) Evaluation of response of medical facility regarding 
        insufficient facts.--
                    ``(A) In the case of a request under subsection (c) 
                to which a medical facility has made the response 
                specified in subsection (d)(4)(A) regarding the 
                insufficiency of facts, the public health officer for 
                the community in which the medical facility is located 
                shall evaluate the request and the response, if the 
                designated officer involved submits such documents to 
                the officer with the request that the officer make such 
                an evaluation.
                    ``(B) As soon as is practicable after a public 
                health officer receives a request under subparagraph 
                (A), but not later than 48 hours after receipt of the 
                request, the public health officer shall complete the 
                evaluation required in such paragraph and inform the 
                designated officer of the results of the evaluation.
            ``(2) Findings of evaluation.--
                    ``(A) If an evaluation under paragraph (1)(A) 
                indicates that the facts provided to the medical 
                facility pursuant to subsection (c) were sufficient for 
                purposes of determinations under subsection (d)(1)--
                            ``(i) the public health officer shall, on 
                        behalf of the designated officer involved, 
                        resubmit the request to the medical facility; 
                        and
                            ``(ii) the medical facility shall provide 
                        to the designated officer the applicable 
                        response specified in subsection (d).
                    ``(B) If an evaluation under paragraph (1)(A) 
                indicates that the facts provided in the request to the 
                medical facility were insufficient for purposes of 
                determinations specified in subsection (c)--
                            ``(i) the public health officer shall 
                        provide advice to the designated officer 
                        regarding the collection and description of 
                        appropriate facts; and
                            ``(ii) if sufficient facts are obtained by 
                        the designated officer--
                                    ``(I) the public health officer 
                                shall, on behalf of the designated 
                                officer involved, resubmit the request 
                                to the medical facility; and
                                    ``(II) the medical facility shall 
                                provide to the designated officer the 
                                appropriate response under subsection 
                                (c).

``SEC. 2695C. PROCEDURES FOR NOTIFICATION OF EXPOSURE.

    ``(a) Contents of Notification to Officer.--In making a 
notification required under section 2695A or section 2695B(d)(2), a 
medical facility shall provide--
            ``(1) the name of the infectious disease involved; and
            ``(2) the date on which the victim of the emergency 
        involved was transported by emergency response employees to the 
        medical facility involved.
    ``(b) Manner of Notification.--If a notification under section 
2695A or section 2695B(d)(2) is mailed or otherwise indirectly made--
            ``(1) the medical facility sending the notification shall, 
        upon sending the notification, inform the designated officer to 
        whom the notification is sent of the fact that the notification 
        has been sent; and
            ``(2) such designated officer shall, not later than 10 days 
        after being informed by the medical facility that the 
        notification has been sent, inform such medical facility 
        whether the designated officer has received the notification.

``SEC. 2695D. NOTIFICATION OF EMPLOYEE.

    ``(a) In General.--After receiving a notification for purposes of 
section 2695A or 2695B(d)(2), a designated officer of emergency 
response employees shall, to the extent practicable, immediately notify 
each of such employees who--
            ``(1) responded to the emergency involved; and
            ``(2) as indicated by guidelines developed by the 
        Secretary, may have been exposed to an infectious disease.
    ``(b) Certain Contents of Notification to Employee.--A notification 
under this subsection to an emergency response employee shall inform 
the employee of--
            ``(1) the fact that the employee may have been exposed to 
        an infectious disease and the name of the disease involved;
            ``(2) any action by the employee that, as indicated by 
        guidelines developed by the Secretary, is medically 
        appropriate; and
            ``(3) if medically appropriate under such criteria, the 
        date of such emergency.
    ``(c) Responses Other Than Notification of Exposure.--After 
receiving a response under paragraph (3) or (4) of subsection (d) of 
section 2695B, or a response under subsection (g)(1) of such section, 
the designated officer for the employee shall, to the extent 
practicable, immediately inform the employee of the response.

``SEC. 2695E. SELECTION OF DESIGNATED OFFICERS.

    ``(a) In General.--For the purposes of receiving notifications and 
responses and making requests under this subpart on behalf of emergency 
response employees, the public health officer of each State shall 
designate 1 official or officer of each employer of emergency response 
employees in the State.
    ``(b) Preference in Making Designations.--In making the 
designations required in subsection (a), a public health officer shall 
give preference to individuals who are trained in the provision of 
health care or in the control of infectious diseases.

``SEC. 2695F. LIMITATION WITH RESPECT TO DUTIES OF MEDICAL FACILITIES.

    ``The duties established in this subpart for a medical facility--
            ``(1) shall apply only to medical information possessed by 
        the facility during the period in which the facility is 
        treating the victim for conditions arising from the emergency, 
        or during the 60-day period beginning on the date on which the 
        victim is transported by emergency response employees to the 
        facility, whichever period expires first; and
            ``(2) shall not apply to any extent after the expiration of 
        the 30-day period beginning on the expiration of the applicable 
        period referred to in paragraph (1), except that such duties 
        shall apply with respect to any request under section 2695B(c) 
        received by a medical facility before the expiration of such 
        30-day period.

``SEC. 2695G. MISCELLANEOUS PROVISIONS.

    ``(a) Liability of Medical Facilities, Designated Officers, and 
Public Health Officers.--This subpart may not be construed to authorize 
any cause of action for damages or any civil penalty against any 
medical facility, any designated officer, or any other public health 
officer for failure to comply with the duties established in this 
subpart.
    ``(b) Testing.--This subpart may not, with respect to victims of 
emergencies, be construed to authorize or require a medical facility to 
test any such victim for any infectious disease.
    ``(c) Confidentiality.--This subpart may not be construed to 
authorize or require any medical facility, any designated officer of 
emergency response employees, or any such employee, to disclose 
identifying information with respect to a victim of an emergency or 
with respect to an emergency response employee.
    ``(d) Failure to Provide Emergency Services.--This subpart may not 
be construed to authorize any emergency response employee to fail to 
respond, or to deny services, to any victim of an emergency.
    ``(e) Notification and Reporting Deadlines.--In any case in which 
the Secretary determines that, wholly or partially as a result of a 
public health emergency that has been determined pursuant to section 
319(a), individuals or public or private entities are unable to comply 
with the requirements of this part, the Secretary may, notwithstanding 
any other provision of law, temporarily suspend, in whole or in part, 
the requirements of this part as the circumstances reasonably require. 
Before or promptly after such a suspension, the Secretary shall notify 
the Congress of such action and publish in the Federal Register a 
notice of the suspension.
    ``(f) Continued Application of State and Local Law.--Nothing in 
this part shall be construed to limit the application of State or local 
laws that require the provision of data to public health authorities.

``SEC. 2695H. INJUNCTIONS REGARDING VIOLATION OF PROHIBITION.

    ``(a) In General.--The Secretary may, in any court of competent 
jurisdiction, commence a civil action for the purpose of obtaining 
temporary or permanent injunctive relief with respect to any violation 
of this subpart.
    ``(b) Facilitation of Information on Violations.--The Secretary 
shall establish an administrative process for encouraging emergency 
response employees to provide information to the Secretary regarding 
violations of this subpart. As appropriate, the Secretary shall 
investigate alleged such violations and seek appropriate injunctive 
relief.

``SEC. 2695I. APPLICABILITY OF SUBPART.

    ``This subpart shall not apply in a State if the chief executive 
officer of the State certifies to the Secretary that the law of the 
State is substantially consistent with this subpart.''.
                                                       Calendar No. 182

111th CONGRESS

  1st Session

                                S. 1793

_______________________________________________________________________

                                 A BILL

  To amend title XXVI of the Public Health Service Act to revise and 
 extend the program for providing life-saving care for those with HIV/
                                 AIDS.

_______________________________________________________________________

                            October 15, 2009

                 Read twice and placed on the calendar
```