‘‘(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 fol-
lowing: 
‘‘(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.’’; 
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(iv) in subparagraph (D), by striking 
‘‘$18,500,000’’ 
and 
all 
that 
follows 
through the period and inserting the fol-
lowing: ‘‘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 fol-
lowing: 
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‘‘(g) SYNCHRONIZATION OF MINORITY AIDS INITIA-
TIVE.—For fiscal year 2010 and each subsequent fiscal 
year, the Secretary shall incorporate and synchronize the 
schedule of application submissions and funding avail-
ability under this section with the schedule of application 
submissions and funding availability under the cor-
responding provisions of this title XXVI as follows: 
‘‘(1) The schedule for carrying out subsection 
(b)(1)(A) shall be the same as the schedule applica-
ble to emergency assistance under part A. 
‘‘(2) The schedule for carrying out subsection 
(b)(1)(B) shall be the same as the schedule applica-
ble to care grants under part B. 
‘‘(3) The schedule for carrying out subsection 
(b)(1)(C) shall be the same as the schedule applica-
ble 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 applica-
ble 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 applica-
ble to grants and contracts for activities through 
education and training centers under section 2692.’’. 
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(3) HHS REPORT.—Not later than 6 months 
after the publication of the Government Account-
ability 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 rel-
evant agencies to build capacity, taking into consid-
eration 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 Ac-
countability Office shall, not less than 1 year after the 
date of enactment of the Ryan White HIV/AIDS Treat-
ment 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 Pre-
vention, the Substance Abuse and Mental Health Services 
Administration, and other departmental agencies. Such re-
port shall include a history of program activities within 
each relevant agency and a description of activities con-
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ducted, people served and types of grantees funded, and 
shall collect and describe best practices in community out-
reach and capacity-building of community based organiza-
tions 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 fis-
cal year through fiscal year 2012’’; 
(B) in clause (iv), by striking ‘‘2010’’ and 
inserting ‘‘2012’’; 
(C) in clause (v), by inserting ‘‘or a subse-
quent 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)’’; 
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(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)— 
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(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 fis-
cal year through fiscal year 2012’’; 
(B) in clause (iv), by striking ‘‘2010’’ and 
inserting ‘‘2012’’; 
(C) in clause (v), by inserting ‘‘or a subse-
quent 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 
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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 STA-
TUS. 
(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 ap-
pears 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 subpara-
graphs (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 AP-
PLICABLE
TO
CERTAIN
METROPOLITAN 
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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 grants award-
ed 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 redesig-
nated, 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 amend-
ed— 
(1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) sub-
ject to clause (ii),’’; 
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(2) by striking the period at the end and insert-
ing ‘‘; 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 ac-
count 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 
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‘‘(II) there shall be transferred and 
made available for grants pursuant to sec-
tion 2618(a)(1) for the fiscal year, in addi-
tion 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 sub-
paragraph (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 subpara-
graph (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 fis-
cal year 2009. 
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‘‘(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 in-
serting ‘‘2011 and 2012’’; and 
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(C) by adding at the end the following: 
‘‘(iv) includes a strategy, coordinated 
as appropriate with other community strat-
egies 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 sub-
populations 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 in-
dividuals with HIV/AIDS as described in 
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clauses (i) through (iii) of paragraph (2)(A).’’; 
and 
(2) in paragraph (2)(A), by striking the period 
and inserting: ‘‘, and demonstrated success in identi-
fying individuals with HIV/AIDS who do not know 
their HIV status and making them aware of such 
status counting one-third. In making such deter-
mination, 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 re-
ferred 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)’’ be-
fore the semicolon at the end. 
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SEC. 7. INCREASE IN ADJUSTMENT FOR NAMES-BASED RE-
PORTING. 
(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 re-
ported to and confirmed by the Cen-
ters for Disease Control and Preven-
tion 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 
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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 Minor-
ity 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 CER-
TAIN
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 
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described in items (aa) through (cc) of sub-
section (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 re-
ported to and confirmed by the Cen-
ters for Disease Control and Preven-
tion 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 
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HIV in such area, for purposes 
of this part, was based on a 
names-based reporting system; 
and 
‘‘(BB) the amount of fund-
ing 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— 
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(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 in-
serting ‘‘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 per-
cent’’. 
(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 sub-
section (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 re-
duction shall be available for use as additional 
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sections (b) and (c), including the authority to grant waiv-
ers under subsection (c)(1). The reduction in future 
grants authorized under this subsection shall be notwith-
standing 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 DE-
TERMINING 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 ‘‘un-
obligated 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 in-
serting after ‘‘unobligated balance’’ the following: 
‘‘(less any amount of such balance that is the sub-
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ject 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 indi-
viduals 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 
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are made aware of their status with access to 
medical treatment for their HIV/AIDS; and 
‘‘(E) describing efforts to remove legal bar-
riers, 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 high-
er penalty than would otherwise have applied, the State 
may request that for purposes of this section, the Sec-
retary deem the State’s unobligated balance to be reduced 
by the amount of rebate funds in the proposed expendi-
ture. Notwithstanding 2618(a)(2)(F), any unobligated 
amount under section 2618(a)(2)(F)(ii)(V) that is re-
turned 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 sec-
tion 2618(a)(2)(F)(ii) (42 U.S.C. 300ff–28(a)(2)(F)(ii)) 
is amended by striking ‘‘, subject to subclause (VI)’’. 
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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 fol-
lowing: 
‘‘(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: 
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‘‘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 describ-
ing, with regard to the preceding 12-month reporting pe-
riod— 
‘‘(1) whether the testing goal described in sub-
section (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 
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care programs, were diagnosed and referred 
into treatment and care during such period; 
‘‘(4) any barriers, including State laws and reg-
ulations, that the Secretary determines to be a bar-
rier to meeting the testing goal described in sub-
section (a); 
‘‘(5) the amount of funding the Secretary deter-
mines 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 iden-
tifying 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 sec-
tion, the Secretary, in consultation with the Director of 
the Centers for Disease Control and Prevention, shall sub-
mit 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 
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‘‘(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 ACTIVI-
TIES.—In pursuing the National HIV/AIDS testing goal, 
the Secretary, where appropriate, shall consider and co-
ordinate with other national strategies conducted by the 
Federal Government to address HIV/AIDS.’’. 
SEC. 13. NOTIFICATION OF POSSIBLE EXPOSURE TO INFEC-
TIOUS 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 
REQUIRE-
MENTS. 
‘‘(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 infec-
tious diseases, including emerging infectious dis-
eases, to which emergency response employees may 
be exposed in responding to emergencies; 
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‘‘(2) guidelines describing the circumstances in 
which such employees may be exposed to such dis-
eases, 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 DIS-
EASES.—The list developed by the Secretary under sub-
section (a)(1) shall include a specification of those infec-
tious 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 VIC-
TIMS ASSISTED. 
‘‘(a) ROUTINE NOTIFICATION OF DESIGNATED OFFI-
CER.— 
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‘‘(1) DETERMINATION
BY
TREATING
FACIL-
ITY.—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 determina-
tion. 
‘‘(2) 
DETERMINATION
BY
FACILITY 
ASCERTAINING CAUSE OF DEATH.—If a victim of an 
emergency is transported by emergency response em-
ployees 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 em-
ployees 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 prac-
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ticable, but not later than 48 hours after the determina-
tion 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 du-
ties described in subsection (b) regarding a determination 
of whether the employee may have been exposed to an in-
fectious disease by the victim. 
‘‘(b) INITIAL DETERMINATION BY DESIGNATED OF-
FICER.—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 
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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 FACIL-
ITY.— 
‘‘(1) IN
GENERAL.—If a designated officer 
makes a determination under subsection (b)(2) that 
an emergency response employee may have been ex-
posed to an infectious disease, the designated officer 
shall submit to the medical facility to which the vic-
tim involved was transported a request for a re-
sponse 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 sub-
section (b)(1). 
‘‘(d) EVALUATION AND RESPONSE REGARDING RE-
QUEST TO MEDICAL FACILITY.— 
‘‘(1) IN
GENERAL.—If a medical facility re-
ceives a request under subsection (c), the medical fa-
cility shall evaluate the facts submitted in the re-
quest and make a determination of whether, on the 
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basis of the medical information possessed by the fa-
cility regarding the victim involved, the emergency 
response employee was exposed to an infectious dis-
ease 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 med-
ical facility makes a determination under paragraph 
(1) that the emergency response employee involved 
has been exposed to an infectious disease, the med-
ical 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 med-
ical 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 evalu-
ating facts for purposes of paragraph (1) that 
the facts are insufficient to make the deter-
mination described in such paragraph, the med-
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