ropolitan area unless the area has a population of 
500,000 or more individuals. 
‘‘(2) GEOGRAPHIC BOUNDARIES.—For purposes 
of eligibility under this part, the boundaries of each 
metropolitan area are the boundaries that cor-
respond with the Office of Management and Budget 
definition of metropolitan statistical area for the 
year that is most recent to the year for which the 
determination is made.’’; and 
(D) by striking subsection (d) and insert-
ing the following: 
‘‘(d) CONTINUED STATUS AS ELIGIBLE AREA.— 
‘‘(1) METROPOLITAN AREAS THAT WERE ELIGI-
BLE
AREAS
FOR
FISCAL
YEAR
1996.—Notwith-
standing any other provision of this section, a metro-
politan area that was an eligible area under this part 
for fiscal year 1996 shall be an eligible area under 
this part until such metropolitan area does not meet 
the qualifications of an eligible area as described in 
this section for 2 consecutive years. 
‘‘(2) METROPOLITAN AREAS TO REMAIN ELIGI-
BLE AREAS UNTIL 2 CONSECUTIVE YEARS OF NOT 
QUALIFYING
AS
AN
ELIGIBLE
AREA.—Notwith-
standing any other provision of this section except as 
provided in paragraph (1), a metropolitan area shall 
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be deemed an eligible area under this section until 
such time as such metropolitan area does not meet 
the qualifications of an eligible area as described in 
this section for 2 consecutive years.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on October 1, 
2007. 
(b) TYPE AND DISTRIBUTION OF GRANTS.—Section 
2603(a)(4) of the Public Health Service Act (42 U.S.C. 
300ff–13(a)) is amended— 
(1) in subparagraph (A), by striking ‘‘For 
each’’ and inserting ‘‘Except as provided in subpara-
graph (D), for each’’; and 
(2) by adding at the end the following: 
‘‘(D) 
PHASE-OUT
OF
INCREASES
IN 
GRANTS.—Notwithstanding any other provision 
of this paragraph— 
‘‘(i) for fiscal year 2007, in the case 
of an eligible area in a protection period 
for such fiscal year, the Secretary shall in-
crease the amount of the grant made pur-
suant to paragraph (2) for the area to en-
sure that the grant is not less than 50 per-
cent of the amount of the grant made for 
the eligible area pursuant to such para-
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graph for the base year for the protection 
period; 
‘‘(ii) for fiscal year 2008, in the case 
of an eligible area in a protection period 
for such fiscal year, the Secretary shall in-
crease the amount of the grant made pur-
suant to paragraph (2) for the area to en-
sure that the grant is not less than 25 per-
cent of the amount of the grant made for 
the eligible area pursuant to such para-
graph for the base year for the protection 
period; and 
‘‘(iii) for fiscal year 2009 and each 
succeeding fiscal year, in the case of an eli-
gible area in a protection period for such 
fiscal year, the Secretary shall not increase 
the amount of the grant pursuant to this 
paragraph.’’. 
SEC. 8. PROHIBITION ON FUNDING FOR ENTITIES THAT 
PROHIBIT OR IMPOSE BARRIERS ON PART-
NER NOTIFICATION. 
Part D of title XXVI of the Public Health Service 
Act (42 U.S.C. 300ff–71 et seq.), as amended by section 
5, is further amended by adding at the end the following: 
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‘‘SEC. 2679A. PROHIBITION ON FUNDING FOR ENTITIES 
THAT PROHIBIT OR IMPOSE BARRIERS ON 
PARTNER NOTIFICATION. 
‘‘Beginning 25 months after the date of enactment 
of this section, a State or locality that prohibits or imposes 
significant administrative, statutory, regulatory, or prac-
tical barriers to programs of partner notification shall not 
be eligible to receive funds under this title.’’. 
SEC. 9. COVERAGE FOR TREATMENT FOR HEPATITIS B AND 
HEPATITIS C CO-INFECTION. 
(a) COVERAGE UNDER PARTS A AND B.—Section 
2604(b)(1) of the Public Health Service Act (42 U.S.C. 
300ff–14(b)(1)) is amended by adding at the end the fol-
lowing: 
‘‘(E) Treatment for hepatitis B or hepa-
titis C for HIV-positive individuals who are co- 
infected with such hepatitis.’’. 
(b) COVERAGE UNDER PART C.—Section 2651(b)(2) 
of the Public Health Service Act (42 U.S.C. 300ff– 
51(b)(2)) is amended— 
(1) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(F) providing treatment for hepatitis B 
or hepatitis C for HIV-positive individuals who 
are co-infected with such hepatitis.’’. 
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(c) SPECIAL
PROJECTS
OF
NATIONAL
SIGNIFI-
CANCE.—Section 2691(d) of the Public Health Service Act 
(42 U.S.C. 300ff–101(d)) is amended— 
(1) in paragraph (5), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) HIV-positive individuals who are co-in-
fected with hepatitis B or hepatitis C.’’. 
(d) HIV/AIDS COMMUNITIES, SCHOOLS, AND CEN-
TERS.—Section 2692(a)(1) of the Public Health Service 
Act (42 U.S.C. 300ff–111(a)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) to educate health care providers and 
service providers regarding identification, treat-
ment, and treatment adherence and prevention 
education for patients co-infected with HIV and 
hepatitis B or hepatitis C.’’. 
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SEC. 10. PLANNING COUNCILS. 
Section 2602(b) of the Public Health Service Act (42 
U.S.C. 300ff–12(b)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (L), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (M), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(N) faith-based organizations; and 
‘‘(O) individuals who are co-infected with 
HIV and hepatitis B or hepatitis C.’’; 
(2) in paragraph (5)— 
(A) in subparagraph (B), by adding at the 
end the following: ‘‘Any conflict of interest of 
an individual on the planning council shall be 
reported to the Administrator of the Health Re-
sources and Services Administration and shall 
be available to the public.’’; and 
(B) in subparagraph (C)(i), by striking ‘‘, 
are not officers’’ and all that follows through 
‘‘paragraph (4)(A).’’ and inserting ‘‘and reflect 
the demographics of the population of individ-
uals with HIV disease as determined under 
paragraph (4)(A), and not less than 51 percent 
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of the council shall be individuals who are not 
officers, employees, or consultants to any entity 
that receives amounts from such a grant and do 
not represent any such entity.’’; and 
(3) by adding at the end the following: 
‘‘(8) FUNDING DECISIONS.—Any funding deci-
sion of the planning council shall require approval by 
the chief elected official and chief executive officer of 
the eligible area involved.’’. 
SEC. 11. REDUCTION OF ADMINISTRATIVE COSTS. 
(a) PART A.—Section 2604(f)(2) of the Public 
Health Service Act (42 U.S.C. 300ff–14(f)(2)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) costs associated with the activities of 
the planning council and the planning for the 
allocation of funds and services under this 
part.’’. 
(b) PART B.—Section 2618(b) of the Public Health 
Service Act (42 U.S.C. 300ff–28(b)) is amended— 
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(1) by inserting before paragraph (2) the fol-
lowing: 
‘‘(1) [Reserved].’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (B), by inserting ‘‘, 
including costs associated with the planning for 
the allocation of funds and services under this 
part’’ before the period at the end; and 
(B) in subparagraph (C)— 
(i) in clause (ii), by striking ‘‘and’’ 
after the semicolon; 
(ii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) costs associated with the plan-
ning for the allocation of funds and serv-
ices under this part.’’. 
SEC. 12. RAPID ROUTINE TESTING. 
(a) IN GENERAL.—Part D of title XXVI of the Pub-
lic Health Service Act (42 U.S.C. 300ff–71 et seq.), as 
amended by sections 5 and 8, is further amended by add-
ing at the end the following: 
‘‘SEC. 2679B. RAPID ROUTINE TESTING. 
‘‘(a) IN GENERAL.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall require rapid routine 
testing of each client at any health facility, provider, 
clinic, or entity (including an HIV, STD, or sub-
stance abuse clinic) receiving funding from the Cen-
ters for Disease Control and Prevention, the Sub-
stance Abuse and Mental Health Services Adminis-
tration, the Health Resources and Services Adminis-
tration, the Centers for Medicare & Medicaid Serv-
ices, or any reproductive health program adminis-
tered by the Secretary. 
‘‘(2) EXCEPTION.—Rapid routine testing shall 
not be required in the case of an individual who has 
already been diagnosed with HIV infection. 
‘‘(b) PREGNANT WOMEN AND NEWBORNS.—The Sec-
retary shall require— 
‘‘(1) a health facility receiving Federal funds or 
a Federal health program (including a program sup-
ported under this title) that is treating a pregnant 
woman to offer to such woman routine testing; and 
‘‘(2) a health facility receiving Federal funds or 
a Federal health program (including a program sup-
ported under this title) that is treating a newborn to 
offer to the parents of such newborn rapid routine 
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testing of such newborn if such newborn’s mother’s 
HIV status is unknown. 
‘‘(c) COUNSELING AND TREATMENT.—An entity or 
program that conducts routine testing pursuant to this 
section shall provide to each individual tested pursuant to 
this section who tests positive for HIV antibodies, appro-
priate counseling and referral into treatment in a timely 
manner. 
‘‘(d) TESTING.—The Director of the Centers for Dis-
ease Control and Prevention shall annually purchase and 
distribute not less than 1,500,000 rapid HIV tests, includ-
ing tests that are oral based. 
‘‘(e) STATE OR LOCAL PROHIBITIONS.—Beginning 
25 months after the date of enactment of this section, a 
State or locality that prohibits or imposes significant ad-
ministrative, statutory, regulatory, or practical barriers to 
routine testing as described in this section shall not be 
eligible to receive funds under this title.’’. 
(b) CDC GUIDELINES FOR PREGNANT WOMEN.— 
Section 2625 of the Public Health Service Act (42 U.S.C. 
300ff–33) is amended— 
(1) in subsection (a), by striking ‘‘voluntary’’ 
and inserting ‘‘routine’’; and 
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(2) in subsection (c)(1)(C), by striking ‘‘vol-
untary HIV testing for such disease’’ and inserting 
‘‘routine testing’’. 
SEC. 13. ADAP RECOMMENDED FORMULARY AND REPORT 
CARD. 
Section 2616 of the Public Health Service Act (42 
U.S.C. 300ff–26) is amended by adding at the end the 
following: 
‘‘(f) RECOMMENDATIONS FOR MINIMUM STANDARD 
FORMULARY AND ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary shall issue guidelines that provide 
recommendations for therapeutics described in sub-
section (a) that shall, at a minimum, be included in 
the formularies that are maintained by the States 
for purposes of this section. 
‘‘(2) ANNUAL REPORTS.—Not later than May 
31 of each year, the Secretary shall submit to Con-
gress a report that, with respect to the program 
under this section, specifies the following: 
‘‘(A) For each State: 
‘‘(i) The number of patients who have 
requested therapeutics described in sub-
section (a) from the program as carried 
out in the State, but are on a waiting list 
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because such program does not have the 
capacity to serve the patients. 
‘‘(ii) If patients on the waiting list are 
receiving such therapeutics, the sources 
from which the patients are obtaining the 
therapeutics. 
‘‘(iii) The estimated cost to provide 
the amount of therapeutics that would be 
necessary to serve all patients on the wait-
ing list and thereby eliminate the wait in 
the State. 
‘‘(iv) Each source of funds that, in 
addition to funds appropriated to carry out 
this part, is used by the State to provide 
therapeutics under the program. 
‘‘(B) Each State whose formulary main-
tained for purposes of the program does not 
meet the recommendations of the Secretary 
under paragraph (1). 
‘‘(C) The actions being taken by States 
with such waiting lists to reduce the number of 
patients on the lists, including any restrictions 
imposed by the States on the number or quan-
tity of therapeutics made available under the 
program. 
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