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‘‘SEC. 2623. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this subpart, there are authorized to be appropriated
$1,195,500,000 for fiscal year 2007, $1,239,500,000 for fis-
cal year 2008, and $1,285,200,000 for fiscal year 2009.
Amounts appropriated under the preceding sentence for a
fiscal year are available for obligation by the Secretary
until the end of the second succeeding fiscal year.
‘‘(b) RESERVATION OF AMOUNTS.—
‘‘(1) EMERGING COMMUNITIES.—Of the amount
appropriated under subsection (a) for a fiscal year,
the Secretary shall reserve $5,000,000 for grants
under section 2621.
‘‘(2) SUPPLEMENTAL GRANTS.—
‘‘(A) IN GENERAL.—Of the amount appro-
priated under subsection (a) for a fiscal year in
excess of the 2006 adjusted amount, the Secretary
shall reserve 1⁄3 for grants under section 2620,
except that the availability of the reserved funds
for 
such 
grants 
is 
subject 
to 
section
2618(a)(2)(H) as applied for such year, and ex-
cept that any amount appropriated exclusively
for carrying out section 2616 (and, accordingly,
distributed under section 2618(a)(2)(G)) is not
subject to this subparagraph.
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‘‘(B) 2006 ADJUSTED AMOUNT.—For pur-
poses of subparagraph (A), the term ‘2006 ad-
justed amount’ means the amount appropriated
for fiscal year 2006 under section 2677(b) (as
such section was in effect for such fiscal year),
excluding any amount appropriated for such
year exclusively for carrying out section 2616
(and, accordingly, distributed under section
2618(a)(2)(I), as so in effect).’’.
SEC. 209. EARLY DIAGNOSIS GRANT PROGRAM.
Section 2625 of the Public Health Service Act (42
U.S.C. 300ff–33) is amended to read as follows:
‘‘SEC. 2625. EARLY DIAGNOSIS GRANT PROGRAM.
‘‘(a) IN GENERAL.—In the case of States whose laws
or regulations are in accordance with subsection (b), the
Secretary, acting through the Centers for Disease Control
and Prevention, shall make grants to such States for the
purposes described in subsection (c).
‘‘(b) DESCRIPTION OF COMPLIANT STATES.—For pur-
poses of subsection (a), the laws or regulations of a State
are in accordance with this subsection if, under such laws
or regulations (including programs carried out pursuant
to the discretion of State officials), both of the policies de-
scribed in paragraph (1) are in effect, or both of the policies
described in paragraph (2) are in effect, as follows:
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‘‘(1)(A) Voluntary opt-out testing of pregnant
women.
‘‘(B) Universal testing of newborns.
‘‘(2)(A) Voluntary opt-out testing of clients at
sexually transmitted disease clinics.
‘‘(B) Voluntary opt-out testing of clients at sub-
stance abuse treatment centers.
The Secretary shall periodically ensure that the applicable
policies are being carried out and recertify compliance.
‘‘(c) USE OF FUNDS.—A State may use funds provided
under subsection (a) for HIV/AIDS testing (including rapid
testing), prevention counseling, treatment of newborns ex-
posed to HIV/AIDS, treatment of mothers infected with
HIV/AIDS, and costs associated with linking those diag-
nosed with HIV/AIDS to care and treatment for HIV/
AIDS.
‘‘(d) APPLICATION.—A State that is eligible for the
grant under subsection (a) shall submit an application to
the Secretary, in such form, in such manner, and con-
taining such information as the Secretary may require.
‘‘(e) LIMITATION ON AMOUNT OF GRANT.—A grant
under subsection (a) to a State for a fiscal year may not
be made in an amount exceeding $10,000,000.
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‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to pre-empt State laws regarding
HIV/AIDS counseling and testing.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘voluntary opt-out testing’ means
HIV/AIDS testing—
‘‘(A) that is administered to an individual
seeking other health care services; and
‘‘(B) in which—
‘‘(i) pre-test counseling is not required
but the individual is informed that the in-
dividual will receive an HIV/AIDS test and
the individual may opt out of such testing;
and
‘‘(ii) for those individuals with a posi-
tive test result, post-test counseling (includ-
ing referrals for care) is provided and con-
fidentiality is protected.
‘‘(2) The term ‘universal testing of newborns’
means HIV/AIDS testing that is administered within
48 hours of delivery to—
‘‘(A) all infants born in the State; or
‘‘(B) all infants born in the State whose
mother’s HIV/AIDS status is unknown at the
time of delivery.
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‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—Of the
funds appropriated annually to the Centers for Disease
Control and Prevention for HIV/AIDS prevention activi-
ties, $30,000,000 shall be made available for each of the fis-
cal years 2007 through 2009 for grants under subsection
(a), of which $20,000,000 shall be made available for grants
to States with the policies described in subsection (b)(1),
and $10,000,000 shall be made available for grants to
States with the policies described in subsection (b)(2).
Funds provided under this section are available until ex-
pended.’’.
SEC. 210. CERTAIN PARTNER NOTIFICATION PROGRAMS;
AUTHORIZATION OF APPROPRIATIONS.
Section 2631(d) of the Public Health Service Act (42
U.S.C. 300ff–38(d)) is amended by striking ‘‘there are’’ and
all that follows and inserting the following: ‘‘there is author-
ized to be appropriated $10,000,000 for each of the fiscal
years 2007 through 2009.’’.
TITLE III—EARLY
INTERVENTION SERVICES
SEC. 301. ESTABLISHMENT OF PROGRAM; CORE MEDICAL
SERVICES.
(a) IN GENERAL.—Section 2651 of the Public Health
Service Act (42 U.S.C. 300ff–51) is amended to read as fol-
lows:
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‘‘SEC. 2651. ESTABLISHMENT OF A PROGRAM.
‘‘(a) IN GENERAL.—For the purposes described in sub-
section (b), the Secretary, acting through the Administrator
of the Health Resources and Services Administration, may
make grants to public and nonprofit private entities speci-
fied in section 2652(a).
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary may not make
a grant under subsection (a) unless the applicant for
the grant agrees to expend the grant only for—
‘‘(A) core medical services described in sub-
section (c);
‘‘(B) support services described in sub-
section (d); and
‘‘(C) administrative expenses as described
in section 2664(g)(3).
‘‘(2) EARLY INTERVENTION SERVICES.—An ap-
plicant for a grant under subsection (a) shall expend
not less than 50 percent of the amount received under
the grant for the services described in subparagraphs
(B) through (E) of subsection (e)(1) for individuals
with HIV/AIDS.
‘‘(c) REQUIRED FUNDING FOR CORE MEDICAL SERV-
ICES.—
‘‘(1) IN
GENERAL.—With respect to a grant
under subsection (a) to an applicant for a fiscal year,
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the applicant shall, of the portion of the grant re-
maining after reserving amounts for purposes of
paragraphs (3) and (5) of section 2664(g), use not
less than 75 percent to provide core medical services
that are needed in the area involved for individuals
with HIV/AIDS who are identified and eligible under
this title (including services regarding the co-occur-
ring conditions of the individuals).
‘‘(2) WAIVER.—
‘‘(A) The Secretary shall waive the applica-
tion of paragraph (1) with respect to an appli-
cant for a grant if the Secretary determines that,
within the service area of the applicant—
‘‘(i) there are no waiting lists for
AIDS Drug Assistance Program services
under section 2616; and
‘‘(ii) core medical services are available
to all individuals with HIV/AIDS identi-
fied and eligible under this title.
‘‘(B) NOTIFICATION OF WAIVER STATUS.—
When informing an applicant that a grant
under subsection (a) is being made for a fiscal
year, the Secretary shall inform the applicant
whether a waiver under subparagraph (A) is in
effect for the fiscal year.
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‘‘(3) CORE MEDICAL SERVICES.—For purposes of
this subsection, the term ‘core medical services’, with
respect to an individual with HIV/AIDS (including
the co-occurring conditions of the individual) means
the following services:
‘‘(A) Outpatient and ambulatory health
services.
‘‘(B) AIDS Drug Assistance Program treat-
ments under section 2616.
‘‘(C) AIDS pharmaceutical assistance.
‘‘(D) Oral health care.
‘‘(E) Early intervention services described
in subsection (e).
‘‘(F) Health insurance premium and cost
sharing assistance for low-income individuals in
accordance with section 2615.
‘‘(G) Home health care.
‘‘(H) Medical nutrition therapy.
‘‘(I) Hospice services.
‘‘(J) Home and community-based health
services as defined under section 2614(c).
‘‘(K) Mental health services.
‘‘(L) Substance abuse outpatient care.
‘‘(M) Medical case management, including
treatment adherence services.
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‘‘(d) SUPPORT SERVICES.—
‘‘(1) IN GENERAL.—For purposes of this section,
the term ‘support services’ means services, subject to
the approval of the Secretary, that are needed for in-
dividuals with HIV/AIDS to achieve their medical
outcomes (such as respite care for persons caring for
individuals with HIV/AIDS, outreach services, med-
ical transportation, linguistic services, and referrals
for health care and support services).
‘‘(2) DEFINITION OF MEDICAL OUTCOMES.—In
this section, the term ‘medical outcomes’ means those
outcomes affecting the HIV-related clinical status of
an individual with HIV/AIDS.
‘‘(e) SPECIFICATION OF EARLY INTERVENTION SERV-
ICES.—
‘‘(1) IN GENERAL.—The early intervention serv-
ices referred to in this section are—
‘‘(A) counseling individuals with respect to
HIV/AIDS in accordance with section 2662;
‘‘(B) testing individuals with respect to
HIV/AIDS, including tests to confirm the pres-
ence of the disease, tests to diagnose the extent of
the deficiency in the immune system, and tests
to provide information on appropriate thera-
peutic measures for preventing and treating the
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deterioration of the immune system and for pre-
venting and treating conditions arising from
HIV/AIDS;
‘‘(C) referrals described in paragraph (2);
‘‘(D) other clinical and diagnostic services
regarding HIV/AIDS, and periodic medical eval-
uations of individuals with HIV/AIDS; and
‘‘(E) providing the therapeutic measures de-
scribed in subparagraph (B).
‘‘(2) REFERRALS.—The services referred to in
paragraph (1)(C) are referrals of individuals with
HIV/AIDS to appropriate providers of health and
support services, including, as appropriate—
‘‘(A) to entities receiving amounts under
part A or B for the provision of such services;
‘‘(B) to biomedical research facilities of in-
stitutions of higher education that offer experi-
mental treatment for such disease, or to commu-
nity-based organizations or other entities that
provide such treatment; or
‘‘(C) to grantees under section 2671, in the
case of a pregnant woman.
‘‘(3) REQUIREMENT
OF
AVAILABILITY
OF
ALL
EARLY
INTERVENTION
SERVICES
THROUGH
EACH
GRANTEE.—
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‘‘(A) IN GENERAL.—The Secretary may not
make a grant under subsection (a) unless the ap-
plicant for the grant agrees that each of the early
intervention services specified in paragraph (2)
will be available through the grantee. With re-
spect to compliance with such agreement, such a
grantee may expend the grant to provide the
early intervention services directly, and may ex-
pend the grant to enter into agreements with
public or nonprofit private entities, or private
for-profit entities if such entities are the only
available provider of quality HIV care in the
area, under which the entities provide the serv-
ices.
‘‘(B) OTHER REQUIREMENTS.—Grantees de-
scribed in—
‘‘(i) subparagraphs (A), (D), (E), and
(F) of section 2652(a)(1) shall use not less
than 50 percent of the amount of such a
grant to provide the services described in
subparagraphs (A), (B), (D), and (E) of
paragraph (1) directly and on-site or at
sites where other primary care services are
rendered; and
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‘‘(ii) subparagraphs (B) and (C) of
section 2652(a)(1) shall ensure the avail-
ability of early intervention services through
a system of linkages to community-based
primary care providers, and to establish
mechanisms for the referrals described in
paragraph (1)(C), and for follow-up con-
cerning such referrals.’’.
(b) ADMINISTRATIVE EXPENSES; CLINICAL QUALITY
MANAGEMENT PROGRAM.—Section 2664(g) of the Public
Health Service Act (42 U.S.C. 300ff–64(g)) is amended—
(1) in paragraph (3), by amending the para-
graph to read as follows:
‘‘(3) the applicant will not expend more than 10
percent of the grant for administrative expenses with
respect to the grant, including planning and evalua-
tion, except that the costs of a clinical quality man-
agement program under paragraph (5) may not be
considered administrative expenses for purposes of
such limitation;’’; and
(2) in paragraph (5), by inserting ‘‘clinical’’ be-
fore ‘‘quality management’’.
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SEC. 302. ELIGIBLE ENTITIES; PREFERENCES; PLANNING
AND DEVELOPMENT GRANTS.
(a) MINIMUM QUALIFICATION OF GRANTEES.—Section
2652(a) of the Public Health Service Act (42 U.S.C. 300ff–
52(a)) is amended to read as follows:
‘‘(a) ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—The entities referred to in
section 2651(a) are public entities and nonprofit pri-
vate entities that are—
‘‘(A) federally-qualified health centers under
section 1905(l)(2)(B) of the Social Security Act;
‘‘(B) grantees under section 1001 (regarding
family planning) other than States;
‘‘(C) comprehensive hemophilia diagnostic
and treatment centers;
‘‘(D) rural health clinics;
‘‘(E) health facilities operated by or pursu-
ant to a contract with the Indian Health Serv-
ice;
‘‘(F) community-based organizations, clin-
ics, hospitals and other health facilities that pro-
vide early intervention services to those persons
infected with HIV/AIDS through intravenous
drug use; or
‘‘(G) nonprofit private entities that provide
comprehensive primary care services to popu-
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lations at risk of HIV/AIDS, including faith-
based and community-based organizations.
‘‘(2) UNDERSERVED POPULATIONS.—Entities de-
scribed in paragraph (1) shall serve underserved pop-
ulations which may include minority populations
and Native American populations, ex-offenders, indi-
viduals with comorbidities including hepatitis B or
C, mental illness, or substance abuse, low-income pop-
ulations, inner city populations, and rural popu-
lations.’’.
(b) PREFERENCES IN MAKING GRANTS.—Section 2653
of the Public Health Service Act (42 U.S.C. 300ff–53) is
amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A), by striking ‘‘ac-
quired immune deficiency syndrome’’ and insert-
ing ‘‘HIV/AIDS’’; and
(B) in subparagraph (D), by inserting be-
fore the semicolon the following: ‘‘and the num-
ber of cases of individuals co-infected with HIV/
AIDS and hepatitis B or C’’; and
(2) in subsection (d)(2), by striking ‘‘special con-
sideration’’ and inserting ‘‘preference’’.
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(c) PLANNING AND DEVELOPMENT GRANTS.—Section
2654(c) of the Public Health Service Act (42 U.S.C. 300ff–
54(c)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking
‘‘HIV’’; and
(B) in subparagraph (B), by striking
‘‘HIV’’ and inserting ‘‘HIV/AIDS’’; and
(2) in paragraph (3), by striking ‘‘or under-
served communities’’ and inserting ‘‘areas or to un-
derserved populations’’.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
Section 2655 of the Public Health Service Act (42
U.S.C. 300ff–55) is amended by striking ‘‘such sums’’ and
all 
that 
follows 
through 
‘‘2005’’and 
inserting 
‘‘,
$218,600,000 for fiscal year 2007, $226,700,000 for fiscal
year 2008, and $235,100,000 for fiscal year 2009’’.
SEC. 304. CONFIDENTIALITY AND INFORMED CONSENT.
Section 2661 of the Public Health Service Act (42
U.S.C. 300ff–61) is amended to read as follows:
‘‘SEC. 2661. CONFIDENTIALITY AND INFORMED CONSENT.
‘‘(a) CONFIDENTIALITY.—The Secretary may not make
a grant under this part unless, in the case of any entity
applying for a grant under section 2651, the entity agrees
to ensure that information regarding the receipt of early
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intervention services pursuant to the grant is maintained
confidentially in a manner not inconsistent with applicable
law.
‘‘(b) INFORMED CONSENT.—The Secretary may not
make a grant under this part unless the applicant for the
grant agrees that, in testing an individual for HIV/AIDS,
the applicant will test an individual only after the indi-
vidual confirms that the decision of the individual with re-
spect to undergoing such testing is voluntarily made.’’.
SEC. 305. PROVISION OF CERTAIN COUNSELING SERVICES.
Section 2662 of the Public Health Service Act (42
U.S.C. 300ff–62) is amended to read as follows:
‘‘SEC. 2662. PROVISION OF CERTAIN COUNSELING SERV-
ICES.
‘‘(a) COUNSELING OF INDIVIDUALS WITH NEGATIVE
TEST RESULTS.—The Secretary may not make a grant
under this part unless the applicant for the grant agrees
that, if the results of testing conducted for HIV/AIDS indi-
cate that an individual does not have such condition, the
applicant will provide the individual information,
including—
‘‘(1) measures for prevention of, exposure to, and
transmission of HIV/AIDS, hepatitis B, hepatitis C,
and other sexually transmitted diseases;
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‘‘(2) the accuracy and reliability of results of
testing for HIV/AIDS, hepatitis B, and hepatitis C;
‘‘(3) the significance of the results of such testing,
including the potential for developing AIDS, hepatitis
B, or hepatitis C;
‘‘(4) the appropriateness of further counseling,
testing, and education of the individual regarding
HIV/AIDS and other sexually transmitted diseases;
‘‘(5) if diagnosed with chronic hepatitis B or
hepatitis C co-infection, the potential of developing
hepatitis-related liver disease and its impact on HIV/
AIDS; and
‘‘(6) information regarding the availability of
hepatitis B vaccine and information about hepatitis
treatments.
‘‘(b) COUNSELING OF INDIVIDUALS WITH POSITIVE
TEST RESULTS.—The Secretary may not make a grant
under this part unless the applicant for the grant agrees
that, if the results of testing for HIV/AIDS indicate that
the individual has such condition, the applicant will pro-
vide to the individual appropriate counseling regarding the
condition, including—
‘‘(1) information regarding—
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‘‘(A) measures for prevention of, exposure
to, and transmission of HIV/AIDS, hepatitis B,
and hepatitis C;
‘‘(B) the accuracy and reliability of results
of testing for HIV/AIDS, hepatitis B, and hepa-
titis C; and
‘‘(C) the significance of the results of such
testing, including the potential for developing
AIDS, hepatitis B, or hepatitis C;
‘‘(2) reviewing the appropriateness of further
counseling, testing, and education of the individual
regarding HIV/AIDS and other sexually transmitted
diseases; and
‘‘(3) providing counseling—
‘‘(A) on the availability, through the appli-
cant, of early intervention services;
‘‘(B) on the availability in the geographic
area of appropriate health care, mental health
care, and social and support services, including
providing referrals for such services, as appro-
priate;
‘‘(C)(i) that explains the benefits of locating
and counseling any individual by whom the in-
fected individual may have been exposed to HIV/
AIDS, hepatitis B, or hepatitis C and any indi-
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vidual whom the infected individual may have
exposed to HIV/AIDS, hepatitis B, or hepatitis
C; and
‘‘(ii) that emphasizes it is the duty of in-
fected individuals to disclose their infected status
to their sexual partners and their partners in the
sharing of hypodermic needles; that provides ad-
vice to infected individuals on the manner in
which such disclosures can be made; and that
emphasizes that it is the continuing duty of the
individuals to avoid any behaviors that will ex-
pose others to HIV/AIDS, hepatitis B, or hepa-
titis C; and
‘‘(D) on the availability of the services of
public health authorities with respect to locating
and counseling any individual described in sub-
paragraph (C);
‘‘(4) if diagnosed with chronic hepatitis B or
hepatitis C co-infection, the potential of developing
hepatitis-related liver disease and its impact on HIV/
AIDS; and
‘‘(5) information regarding the availability of
hepatitis B vaccine.
‘‘(c) ADDITIONAL REQUIREMENTS REGARDING APPRO-
PRIATE COUNSELING.—The Secretary may not make a
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grant under this part unless the applicant for the grant
agrees that, in counseling individuals with respect to HIV/
AIDS, the applicant will ensure that the counseling is pro-
vided under conditions appropriate to the needs of the indi-
viduals.
‘‘(d) COUNSELING
OF EMERGENCY RESPONSE EM-
PLOYEES.—The Secretary may not make a grant under this
part to a State unless the State agrees that, in counseling
individuals with respect to HIV/AIDS, the State will ensure
that, in the case of emergency response employees, the coun-
seling is provided to such employees under conditions ap-
propriate to the needs of the employees regarding the coun-
seling.
‘‘(e) RULE
OF CONSTRUCTION REGARDING COUN-
SELING WITHOUT TESTING.—Agreements made pursuant to
this section may not be construed to prohibit any grantee
under this part from expending the grant for the purpose
of providing counseling services described in this section to
an individual who does not undergo testing for HIV/AIDS
as a result of the grantee or the individual determining that
such testing of the individual is not appropriate.’’.
SEC. 306. GENERAL PROVISIONS.
(a) APPLICABILITY OF CERTAIN REQUIREMENTS.—
Section 2663 of the Public Health Service Act (42 U.S.C.
300ff–63) is amended by striking ‘‘will, without’’ and all