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-
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’’; 
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(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 (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 
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(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 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 
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(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 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)— 
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(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 
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 
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(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),’’; 
(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; 
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(1) in subparagraphs (A)(i) and (H) of section 
2618(a)(2), by striking the term ‘‘subparagraph 
(G)’’ each place it appears and inserting ‘‘subpara-
graph (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 PROVI-
SIONS. 
(a) ADMINISTRATION
AND PLANNING COUNCIL.— 
Section 2602(b)(4) (42 U.S.C. 300ff–12(b)(4)) is amend-
ed— 
(1) in subparagraph (A), by inserting ‘‘, as well 
as the size and demographics of the estimated popu-
lation of individuals with HIV/AIDS who are un-
aware of their HIV status’’ after ‘‘HIV/AIDS’’; 
(2) in subparagraph (B)— 
(A) in clause (i), by striking ‘‘and’’ at the 
end after the semicolon; 
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(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 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;’’. 
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(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 
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 
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‘‘(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. 
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-
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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 
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: 
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‘‘(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 
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-
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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 
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— 
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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 
amounts for grants pursuant to subsection (b), sub-
ject to subsection (a)(4) and section 2610(d)(2). 
Nothing in this paragraph shall be construed to af-
fect 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 not-
withstanding 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 Sec-
retary may elect to reduce the amount of future grants 
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to the State under section 2618, 2620, or 2621, as appli-
cable, by the amount of any such unobligated balance in 
lieu of cancelling such amount as provided for in sub-
section (b) or (c)(1). In such case, the Secretary may per-
mit the State to use such unobligated balance for purposes 
of any such future grant. An amount equal to such reduc-
tion 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 con-
strued to affect the authority of the Secretary under sub-
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.— 
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(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-
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 
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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 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-
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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)’’. 
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 
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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 describ-
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‘‘(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 
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 ac-
tivity. 
‘‘(4) The relative effectiveness of each program 
or activity with relation to the other programs and 
activities conducted by the Centers for Disease Con-
trol and Prevention, based on the— 
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‘‘(A) number of previously undiagnosed in-
dividuals with HIV/AIDS made aware of their 
status and referred into the appropriate treat-
ment; 
‘‘(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 Na-
tional HIV/AIDS testing goal; and 
‘‘(D) progress made toward the goals de-
scribed 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 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: 
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‘‘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; 
‘‘(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— 
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‘‘(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.— 
‘‘(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 
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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-
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. 
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‘‘(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 
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. 
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‘‘(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 
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. 
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‘‘(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-
ical facility shall, in writing, inform the des-
ignated officer who submitted the request under 
subsection (c) of the insufficiency of the facts. 
‘‘(B)(i) If a medical facility finds in mak-
ing a determination under paragraph (1) that 
the facility possesses no information on whether 
the victim involved has an infectious disease in-
cluded on the list under section 2695(a), the 
medical facility shall, in writing, inform the des-
ignated officer who submitted the request under 
subsection (c) of the insufficiency of such med-
ical information. 
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‘‘(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 ap-
plicable 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 para-
graph (1), the duties otherwise established in this 
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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 sub-
section (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 re-
quest 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 pub-
lic health officer receives a request under sub-
paragraph (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 offi-
cer of the results of the evaluation. 
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‘‘(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 facil-
ity; and 
‘‘(ii) the medical facility shall provide 
to the designated officer the applicable re-
sponse 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 sub-
section (c)— 
‘‘(i) the public health officer shall pro-
vide advice to the designated officer re-
garding the collection and description of 
appropriate facts; and 
‘‘(ii) if sufficient facts are obtained by 
the designated officer— 
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‘‘(I) the public health officer 
shall, on behalf of the designated offi-
cer 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 EXPO-
SURE. 
‘‘(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 emer-
gency involved was transported by emergency re-
sponse 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 des-
ignated officer to whom the notification is sent of 
the fact that the notification has been sent; and 
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‘‘(2) such designated officer shall, not later 
than 10 days after being informed by the medical fa-
cility 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 ex-
tent practicable, immediately notify each of such employ-
ees 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 EM-
PLOYEE.—A notification under this subsection to an emer-
gency 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 indi-
cated by guidelines developed by the Secretary, is 
medically appropriate; and 
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