II
Calendar No. 716
106TH CONGRESS
2D SESSION
H. R. 4807
IN THE SENATE OF THE UNITED STATES
JULY 26, 2000
Received; read twice and placed on the calendar
To amend the Public Health Service Act to revise and extend
programs established under the Ryan White Comprehen-
sive AIDS Resources Emergency Act of 1990, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ryan White CARE
Act Amendments of 2000’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I—EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL
NEED FOR SERVICES
Subtitle A—HIV Health Services Planning Councils
Sec. 101. Membership of councils.
Sec. 102. Duties of councils.
Sec. 103. Open meetings; other additional provisions.
Subtitle B—Type and Distribution of Grants
Sec. 111. Formula grants.
Sec. 112. Supplemental grants.
Subtitle C—Other Provisions
Sec. 121. Use of amounts.
Sec. 122. Application.
Sec. 123. Review of administrative costs and compensation.
TITLE II—CARE GRANT PROGRAM
Subtitle A—General Grant Provisions
Sec. 201. Priority for women, infants, and children.
Sec. 202. Use of grants.
Sec. 203. Grants to establish HIV care consortia.
Sec. 204. Provision of treatments.
Sec. 205. State application.
Sec. 206. Distribution of funds.
Sec. 207. Supplemental grants for certain States.
Subtitle B—Provisions Concerning Pregnancy and Perinatal Transmission of
HIV
Sec. 211. Repeals.
Sec. 212. Grants.
Sec. 213. Study by Institute of Medicine.
Subtitle C—Certain Partner Notification Programs
Sec. 221. Grants for compliant partner notification programs.
TITLE III—EARLY INTERVENTION SERVICES
Subtitle A—Formula Grants for States
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Sec. 301. Repeal of program.
Subtitle B—Categorical Grants
Sec. 311. Preferences in making grants.
Sec. 312. Planning and development grants.
Sec. 313. Authorization of appropriations.
Subtitle C—General Provisions
Sec. 321. Provision of certain counseling services.
Sec. 322. Additional required agreements.
TITLE IV—OTHER PROGRAMS AND ACTIVITIES
Subtitle A—Certain Programs for Research, Demonstrations, or Training
Sec. 401. Grants for coordinated services and access to research for women, in-
fants, children, and youth.
Sec. 402. AIDS education and training centers.
Subtitle B—General Provisions in Title XXVI
Sec. 411. Evaluations and reports.
Sec. 412. Data collection through Centers for Disease Control and Prevention.
Sec. 413. Coordination.
Sec. 414. Plan regarding release of prisoners with HIV disease.
Sec. 415. Audits.
Sec. 416. Administrative simplification.
Sec. 417. Authorization of appropriations for parts A and B.
TITLE V—GENERAL PROVISIONS
Sec. 501. Studies by Institute of Medicine.
Sec. 502. Development of rapid HIV test.
TITLE VI—EFFECTIVE DATE
Sec. 601. Effective date.
TITLE 
I—EMERGENCY 
RELIEF
FOR AREAS WITH SUBSTAN-
TIAL NEED FOR SERVICES
Subtitle A—HIV Health Services
Planning Councils
SEC. 101. MEMBERSHIP OF COUNCILS.
(a) IN GENERAL.—Section 2602(b) of the Public
Health Service Act (42 U.S.C. 300ff–12(b)) is amended—
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(1) in paragraph (1), by striking ‘‘demographics
of the epidemic in the eligible area involved,’’ and in-
serting ‘‘demographics of the population of individ-
uals with HIV disease in the eligible area involved,’’;
and
(2) in paragraph (2)—
(A) in subparagraph (G), by striking ‘‘or
AIDS’’;
(B) in subparagraph (K), by striking
‘‘and’’ at the end;
(C) in subparagraph (L), by striking the
period and inserting the following: ‘‘, including
but not limited to providers of HIV prevention
services; and’’; and
(D) by adding at the end the following
subparagraph:
‘‘(M) representatives of individuals who
formerly were Federal, State, or local prisoners,
were released from the custody of the penal sys-
tem during the preceding 3 years, and had HIV
disease as of the date on which the individuals
were so released.’’.
(b) CONFLICTS OF INTERESTS.—Section 2602(b)(5)
of the Public Health Service Act (42 U.S.C. 300ff–
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12(b)(5)) is amended by adding at the end the following
subparagraph:
‘‘(C) COMPOSITION OF COUNCIL.—The fol-
lowing applies regarding the membership of a
planning council under paragraph (1):
‘‘(i) Not less than 33 percent of the
council shall be individuals who are receiv-
ing HIV-related services pursuant to a
grant under section 2601(a), are not offi-
cers, employees, or consultants to any enti-
ty that receives amounts from such a
grant, and do not represent any such enti-
ty, and reflect the demographics of the
population of individuals with HIV disease
as determined under paragraph (4)(A).
For purposes of the preceding sentence, an
individual shall be considered to be receiv-
ing such services if the individual is a par-
ent of, or a caregiver for, a minor child
who is receiving such services.
‘‘(ii) With respect to membership on
the planning council, clause (i) may not be
construed as having any effect on entities
that receive funds from grants under any
of parts B through F but do not receive
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funds from grants under section 2601(a),
on officers or employees of such entities, or
on individuals who represent such enti-
ties.’’.
SEC. 102. DUTIES OF COUNCILS.
(a) IN GENERAL.—Section 2602(b)(4) of the Public
Health Service Act (42 U.S.C. 300ff–12(b)(4)) is
amended—
(1) by redesignating subparagraphs (A) through
(E) as subparagraphs (C) through (G), respectively;
(2) by inserting before subparagraph (C) (as so
redesignated) the following subparagraphs:
‘‘(A) determine the size and demographics
of the population of individuals with HIV dis-
ease;
‘‘(B) determine the needs of such popu-
lation, with particular attention to—
‘‘(i) individuals with HIV disease who
are not receiving HIV-related services; and
‘‘(ii) disparities in access and services
among affected subpopulations and histori-
cally underserved communities;’’;
(3) in subparagraph (C) (as so redesignated),
by striking clauses (i) through (iv) and inserting the
following:
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‘‘(i) size and demographics of the pop-
ulation of individuals with HIV disease (as
determined under subparagraph (A)) and
the needs of such population (as deter-
mined under subparagraph (B));
‘‘(ii) demonstrated (or probable) cost
effectiveness and outcome effectiveness of
proposed strategies and interventions, to
the extent that data are reasonably avail-
able;
‘‘(iii) priorities of the communities
with HIV disease for whom the services
are intended;
‘‘(iv) availability of other govern-
mental and nongovernmental resources to
provide HIV-related services to individuals
and families with HIV disease, including
the State plan under title XIX of the So-
cial Security Act (relating to the Medicaid
program) and the program under title XXI
of such Act (relating to the program for
State children’s health insurance); and
‘‘(v) capacity development needs re-
sulting from disparities in the availability
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of HIV-related services in historically un-
derserved communities;’’;
(4) in subparagraph (D) (as so redesignated),
by amending the subparagraph to read as follows:
‘‘(D) develop a comprehensive plan for the
organization and delivery of health and support
services described in section 2604 that—
‘‘(i) includes a strategy for identifying
individuals with HIV disease who are not
receiving such services and for informing
the individuals of and enabling the individ-
uals to utilize the services, giving par-
ticular attention to eliminating disparities
in access and services among affected sub-
populations and historically underserved
communities, and including discrete goals,
a timetable, and an appropriate allocation
of funds;
‘‘(ii) includes a strategy to coordinate
the provision of such services with pro-
grams for HIV prevention and for the pre-
vention and treatment of substance abuse,
including programs that provide com-
prehensive treatment services for such
abuse; and
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certain individuals with HIV disease), the Secretary, in
consultation with entities that receive amounts from
grants under section 2601(a) or 2611, shall develop epi-
demiologic measures—
‘‘(1) for establishing the number of individuals
living with HIV disease who are not receiving HIV-
related health services; and
‘‘(2) for carrying out the duties under sub-
section (b)(4) and section 2617(b).’’.
(c) TRAINING.—Section 2602 of the Public Health
Service Act (42 U.S.C. 300ff–12), as amended by sub-
section (b) of this section, is amended by adding at the
end the following subsection:
‘‘(e) TRAINING GUIDANCE AND MATERIALS.—The
Secretary shall provide to each chief elected official receiv-
ing a grant under 2601(a) guidelines and materials for
training members of the planning council under paragraph
(1) regarding the duties of the council.’’.
SEC. 103. OPEN MEETINGS; OTHER ADDITIONAL PROVI-
SIONS.
Section 2602(b) of the Public Health Service Act (42
U.S.C. 300ff–12(b)) is amended—
(1) in paragraph (3), by striking subparagraph
(C); and
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(2) by adding at the end the following para-
graph:
‘‘(7) PUBLIC DELIBERATIONS.—With respect to
a planning council under paragraph (1), the fol-
lowing applies:
‘‘(A) The council may not be chaired solely
by an employee of the grantee under section
2601(a).
‘‘(B) In accordance with criteria estab-
lished by the Secretary:
‘‘(i) The meetings of the council shall
be open to the public and shall be held
only after adequate notice to the public.
‘‘(ii) The records, reports, transcripts,
minutes, agenda, or other documents which
were made available to or prepared for or
by the council shall be available for public
inspection and copying at a single location.
‘‘(iii) Detailed minutes of each meet-
ing of the council shall be kept. The accu-
racy of all minutes shall be certified to by
the chair of the council.
‘‘(iv) This subparagraph does not
apply to any disclosure of information of a
personal nature that would constitute a
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clearly unwarranted invasion of personal
privacy, including any disclosure of medical
information or personnel matters.’’.
Subtitle B—Type and Distribution
of Grants
SEC. 111. FORMULA GRANTS.
(a) EXPEDITED DISTRIBUTION.—Section 2603(a)(2)
of the Public Health Service Act (42 U.S.C. 300ff–
13(a)(2)) is amended in the first sentence by striking ‘‘for
each of the fiscal years 1996 through 2000’’ and inserting
‘‘for a fiscal year’’.
(b) AMOUNT
OF GRANT; ESTIMATE
OF LIVING
CASES.—
(1) IN GENERAL.—Section 2603(a)(3)) of the
Public Health Service Act (42 U.S.C. 300ff–
13(a)(3)) is amended—
(A) in subparagraph (C)(i), by inserting
before the semicolon the following: ‘‘, except
that (subject to subparagraph (D)), for grants
made pursuant to this paragraph for fiscal year
2005 and subsequent fiscal years, the cases
counted for each 12-month period beginning on
or after July 1, 2004, shall be cases of HIV
disease (as reported to and confirmed by such
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Director) rather than cases of acquired immune
deficiency syndrome’’; and
(B) in subparagraph (C), in the matter
after and below clause (ii)(X)—
(i) in the first sentence, by inserting
before the period the following: ‘‘, and
shall be reported to the congressional com-
mittees of jurisdiction’’; and
(ii) by adding at the end the following
sentence: ‘‘Updates shall as applicable take
into account the counting of cases of HIV
disease pursuant to clause (i).’’.
(2) DETERMINATION OF SECRETARY REGARD-
ING DATA ON HIV CASES.—Section 2603(a)(3)) of
the Public Health Service Act (42 U.S.C. 300ff–
13(a)(3)) is amended—
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C)
the following subparagraph:
‘‘(D) DETERMINATION OF SECRETARY RE-
GARDING DATA ON HIV CASES.—
‘‘(i) IN
GENERAL.—Not later than
July 1, 2004, the Secretary shall deter-
mine whether there is data on cases of
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HIV disease from all eligible areas (re-
ported to and confirmed by the Director of
the Centers for Disease Control and Pre-
vention) sufficiently accurate and reliable
for use for purposes of subparagraph
(C)(i). In making such a determination,
the Secretary shall take into consideration
the findings of the study under section
501(b) of the Ryan White CARE Act
Amendments of 2000 (relating to the rela-
tionship between epidemiological measures
and health care for certain individuals with
HIV disease), the fiscal impact of the use
of such data, the impact of the use of such
data on the organization and delivery of
HIV-related services in eligible areas, and
the fiscal impact of not using such data.
‘‘(ii) EFFECT
OF
ADVERSE
DETER-
MINATION.—If under clause (i) the Sec-
retary determines that data on cases of
HIV disease is not sufficiently accurate
and reliable for use for purposes of sub-
paragraph (C)(i), then notwithstanding
such subparagraph, for any fiscal year
prior to fiscal year 2007 the references in
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such subparagraph to cases of HIV disease
do not have any legal effect.
‘‘(iii) GRANTS
AND
TECHNICAL
AS-
SISTANCE REGARDING COUNTING OF HIV
CASES.—Of the amounts appropriated
under section 2675 for a fiscal year, the
Secretary shall reserve amounts to make
grants and provide technical assistance to
States and eligible areas with respect to
obtaining data on cases of HIV disease to
ensure that data on such cases is available
from all States and eligible areas as soon
as is practicable but not later than the be-
ginning of fiscal year 2007.’’.
(c) INCREASES IN GRANT.—Section 2603(a)(4)) of
the Public Health Service Act (42 U.S.C. 300ff–13(a)(4))
is amended to read as follows:
‘‘(4) INCREASES IN GRANT.—
‘‘(A) IN GENERAL.—For each fiscal year in
a protection period for an eligible area, the Sec-
retary shall increase the amount of the grant
made pursuant to paragraph (2) for the area to
ensure that—
‘‘(i) for the first fiscal year in the pro-
tection period, the grant is not less than
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98 percent of the amount of the grant
made for the eligible area pursuant to such
paragraph for the base year for the protec-
tion period;
‘‘(ii) for any second fiscal year in such
period, the grant is not less than 95.7 per-
cent of the amount of such base year
grant;
‘‘(iii) for any third fiscal year in such
period, the grant is not less than 91.1 per-
cent of the amount of the base year grant;
‘‘(iv) for any fourth fiscal year in such
period, the grant is not less than 84.2 per-
cent of the amount of the base year grant;
and
‘‘(v) for any fifth or subsequent fiscal
year in such period, the grant is not less
than 75 percent of the amount of the base
year grant.
‘‘(B) BASE YEAR; PROTECTION PERIOD.—
With respect to grants made pursuant to para-
graph (2) for an eligible area:
‘‘(i) The base year for a protection pe-
riod is the fiscal year preceding the trigger
grant-reduction year.
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‘‘(ii) The first trigger grant-reduction
year is the first fiscal year (after fiscal
year 2000) for which the grant for the
area is less than the grant for the area for
the preceding fiscal year.
‘‘(iii) A protection period begins with
the trigger grant-reduction year and con-
tinues until the beginning of the first fiscal
year for which the amount of the grant for
the area equals or exceeds the amount of
the grant for the base year for the period.
‘‘(iv) Any subsequent trigger grant-re-
duction year is the first fiscal year, after
the end of the preceding protection period,
for which the amount of the grant is less
than the amount of the grant for the pre-
ceding fiscal year.’’.
SEC. 112. SUPPLEMENTAL GRANTS.
(a) IN GENERAL.—Section 2603(b)(2) of the Public
Health Service Act (42 U.S.C. 300ff–13(b)(2)) is
amended—
(1) in the heading for the paragraph, by strik-
ing ‘‘DEFINITION’’ and inserting ‘‘AMOUNT
OF
GRANT’’;
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(2) by redesignating subparagraphs (A) through
(C) as subparagraphs (B) through (D), respectively;
(3) by inserting before subparagraph (B) (as so
redesignated) the following subparagraph:
‘‘(A) IN GENERAL.—The amount of each
grant made for purposes of this subsection shall
be determined by the Secretary based on a
weighting of factors under paragraph (1), with
severe need under subparagraph (B) of such
paragraph counting one-third.’’;
(4) in subparagraph (B) (as so redesignated)—
(A) in clause (ii), by striking ‘‘and’’ at the
end;
(B) in clause (iii), by striking the period
and inserting a semicolon; and
(C) by adding at the end the following
clauses:
‘‘(iv) the current prevalence of HIV
disease;
‘‘(v) an increasing need for HIV-re-
lated services, including relative rates of
increase in the number of cases of HIV
disease; and
‘‘(vi) unmet need for such services, as
determined under section 2602(b)(4).’’;
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(5) in subparagraph (C) (as so redesignated)—
(A) by striking ‘‘subparagraph (A)’’ each
place such term appears and inserting ‘‘sub-
paragraph (B)’’;
(B) in the second sentence, by striking ‘‘2
years after the date of enactment of this para-
graph’’ and inserting ‘‘18 months after the date
of the enactment of the Ryan White CARE Act
Amendments of 2000’’; and
(C) by inserting after the second sentence
the following sentence: ‘‘Such a mechanism
shall be modified to reflect the findings of the
study under section 501(b) of the Ryan White
CARE Act Amendments of 2000 (relating to
the relationship between epidemiological meas-
ures and health care for certain individuals with
HIV disease).’’; and
(6) in subparagraph (D) (as so redesignated),
by striking ‘‘subparagraph (B)’’ and inserting ‘‘sub-
paragraph (C)’’.
(b) REQUIREMENTS
FOR
APPLICATION.—Section
2603(b)(1)(E) of the Public Health Service Act (42
U.S.C. 300ff–13(b)(1)(E)) is amended by inserting
‘‘youth,’’ after ‘‘children,’’.
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(c) CONFORMING AMENDMENT.—Section 2603(b) of
the Public Health Service Act (42 U.S.C. 300ff–13(b)) is
amended—
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as para-
graph (4).
Subtitle C—Other Provisions
SEC. 121. USE OF AMOUNTS.
(a) PRIMARY PURPOSES.—Section 2604(b)(1) of the
Public Health Service Act (42 U.S.C. 300ff–14(b)(1)) is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘HIV-related—’’ and inserting ‘‘HIV-re-
lated services, as follows:’’;
(2) in subparagraph (A)—
(A) by striking ‘‘outpatient’’ and all that
follows through ‘‘substance abuse treatment
and’’ and inserting the following: ‘‘Outpatient
and ambulatory health services, including sub-
stance abuse treatment,’’; and
(B) by striking ‘‘; and’’ and inserting a pe-
riod;
(3) in subparagraph (B), by striking ‘‘(B) inpa-
tient case management’’ and inserting ‘‘(C) Inpa-
tient case management’’;
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(4) by inserting after subparagraph (A) the fol-
lowing subparagraph:
‘‘(B) Outpatient and ambulatory support
services (including case management), to the
extent that such services facilitate, support, or
sustain the delivery, or benefits of health serv-
ices for individuals and families with HIV dis-
ease.’’; and
(5) by adding at the end the following:
‘‘(D) Outreach activities that are intended
to identify individuals with HIV disease who are
not receiving HIV-related services, and that
are—
‘‘(i) necessary to implement the strat-
egy under section 2602(b)(4)(D), including
activities facilitating the access of such in-
dividuals to HIV-related primary care serv-
ices at entities described in paragraph (3);
‘‘(ii) conducted in a manner consistent
with the requirements under sections
2605(a)(3) and 2651(b)(2); and
‘‘(iii) supplement, and do not sup-
plant, such activities that are carried out
with amounts appropriated under section
317.’’.
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(b) ADDITIONAL PURPOSES.—Section 2604(b) (42
U.S.C. 300ff–14(b)) of the Public Health Service Act is
amended—
(1) by redesignating paragraph (3) as para-
graph (4);
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) EARLY INTERVENTION SERVICES.—
‘‘(A) IN
GENERAL.—The purposes for
which a grant under section 2601 may be used
include providing to individuals with HIV dis-
ease early intervention services described in sec-
tion 2651(b)(2) (including referrals under sub-
paragraph (C) of such section), subject to sub-
paragraph (B). The entities through which such
services may be provided under the grant in-
clude public health departments, emergency
rooms, substance abuse and mental health
treatment programs, detoxification centers, de-
tention facilities, clinics regarding sexually
transmitted diseases, homeless shelters, HIV
disease counseling and testing sites, health care
points of entry specified by States or eligible
areas, federally qualified health centers, and en-
tities described in section 2652(a).
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‘‘(B) CONDITIONS.—With respect to an en-
tity that proposes to provide early intervention
services under subparagraph (A), such subpara-
graph applies only if the entity demonstrates to
the satisfaction of the chief elected official for
the eligible area involved that—
‘‘(i) Federal, State, or local funds are
otherwise inadequate for the early inter-
vention services the entity proposes to pro-
vide; and
‘‘(ii) the entity will expend funds pur-
suant to such subparagraph to supplement
and not supplant other funds available to
the entity for the provision of early inter-
vention services for the fiscal year in-
volved.’’; and
(3) in paragraph (4) (as so redesignated), by
inserting ‘‘youth,’’ after ‘‘children,’’ each place such
term appears;
(c) QUALITY MANAGEMENT.—Section 2604 of the
Public Health Service Act (42 U.S.C. 300ff–14) is
amended—
(1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively; and
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(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) QUALITY MANAGEMENT.—
‘‘(1) REQUIREMENT.—The chief elected official
of an eligible area that receives a grant under this
part shall provide for the establishment of a quality
management program to assess the extent to which
HIV health services provided to patients under the
grant are consistent with the most recent Public
Health Service guidelines for the treatment of HIV
disease and related opportunistic infection, and as
applicable, to develop strategies for ensuring that
such services are consistent with the guidelines.
‘‘(2) USE OF FUNDS.—From amounts received
under a grant awarded under this part for a fiscal
year, the chief elected official of an eligible area may
(in addition to amounts to which subsection (f)(1)
applies) use for activities associated with the quality
management program required in paragraph (1) not
more than the lesser of—
‘‘(A) 5 percent of amounts received under
the grant; or
‘‘(B) $3,000,000.’’.
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SEC. 122. APPLICATION.
Section 2605(a) of the Public Health Service Act (42
U.S.C. 300ff–15(a)) is amended—
(1) by redesignating paragraphs (3) through
(6) as paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the fol-
lowing paragraph:
‘‘(3) that entities within the eligible area that
receive funds under a grant under section 2601(a)
will maintain relationships with appropriate entities
in the area, including entities described in section
2604(b)(3);’’.
SEC. 123. REVIEW OF ADMINISTRATIVE COSTS AND COM-
PENSATION.
Each chief elected official of an eligible area (as de-
fined in section 2607 of the Public Health Service Act)
shall ensure that, not later than 1 year after the date of
the enactment of this Act, the planning council for the
eligible area—
(1) conducts a review of the existing, available
data on the extent to which entities in the area that
receive amounts from a grant under section 2601(a)
of the Public Health Service Act have from their
overall budget expended amounts for administrative
costs (including financial compensation and bene-
fits), expressed as a proportion and indicating the
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growth in such expenditures, including a statement
of the average amount expended for such costs per
client served and the average amount expended for
such costs per client served in providing HIV-related
services; and
(2) makes a determination of whether the fi-
nancial compensation of any officers or employees of
such entities exceeds that of the chief elected official
of the eligible area.
TITLE II—CARE GRANT
PROGRAM
Subtitle A—General Grant
Provisions
SEC. 201. PRIORITY FOR WOMEN, INFANTS, AND CHILDREN.
Section 2611(b) of the Public Health Service Act (42
U.S.C. 300ff–21(b)) is amended by inserting ‘‘youth,’’
after ‘‘children,’’ each place such term appears.
SEC. 202. USE OF GRANTS.
Section 2612 of the Public Health Service Act (42
U.S.C. 300ff–22) is amended—
(1) by striking ‘‘A State may use’’ and insert-
ing ‘‘(a) IN GENERAL.—A State may use’’; and
(2) by adding at the end the following sub-
sections:
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‘‘(b) SUPPORT SERVICES; OUTREACH.—The pur-
poses for which a grant under this part may be used in-
clude delivering or enhancing the following:
‘‘(1) Support services under section 2611(a)
(including case management) to the extent that such
services facilitate, support, or sustain the delivery, or
benefits of health services for individuals and fami-
lies with HIV disease.
‘‘(2) Outreach activities that are intended to
identify individuals with HIV disease who are not re-
ceiving HIV-related services, and that are—
‘‘(A) necessary to implement the strategy
under section 2617(b)(4)(B);
‘‘(B) conducted in a manner consistent
with 
the 
requirement 
under 
section
2617(b)(6)(G); and
‘‘(C) supplement, and do not supplant,
such activities that are carried out with
amounts appropriated under section 317.
‘‘(c) EARLY INTERVENTION SERVICES.—
‘‘(1) IN GENERAL.—The purposes for which a
grant under this part may be used include providing
to individuals with HIV disease early intervention
services described in section 2651(b)(2) (including
referrals under subparagraph (C) of such section),
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subject to paragraph (2). The entities through which
such services may be provided under the grant in-
clude public health departments, emergency rooms,
substance abuse and mental health treatment pro-
grams, detoxification centers, detention facilities,
clinics regarding sexually transmitted diseases,
homeless shelters, HIV disease counseling and test-
ing sites, health care points of entry specified by
States or eligible areas, federally qualified health
centers, and entities described in section 2652(a).
‘‘(2) CONDITIONS.—With respect to an entity
that proposes to provide early intervention services
under paragraph (1), such paragraph applies only if
the entity demonstrates to the satisfaction of the
State involved that—
‘‘(A) Federal, State, or local funds are oth-
erwise inadequate for the early intervention
services the entity proposes to provide; and
‘‘(B) the entity will expend funds pursuant
to such paragraph to supplement and not sup-
plant other funds available to the entity for the
provision of early intervention services for the
fiscal year involved.
‘‘(d) QUALITY MANAGEMENT.—
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‘‘(1) REQUIREMENT.—Each State that receives
a grant under this part shall provide for the estab-
lishment of a quality management program to assess
the extent to which HIV health services provided to
patients under the grant are consistent with the
most recent Public Health Service guidelines for the
treatment of HIV disease and related opportunistic
infection, and as applicable, to develop strategies for
ensuring that such services are consistent with the
guidelines.
‘‘(2) USE OF FUNDS.—From amounts received
under a grant awarded under this part for a fiscal
year, the State may (in addition to amounts to
which section 2618(c)(5) applies) use for activities
associated with the quality management program re-
quired in paragraph (1) not more than the lesser
of—
‘‘(A) 5 percent of amounts received under
the grant; or
‘‘(B) $3,000,000.’’.
SEC. 203. GRANTS TO ESTABLISH HIV CARE CONSORTIA.
Section 2613 of the Public Health Service Act (42
U.S.C. 300ff–23) is amended—
(1) in subsection (b)(1)—
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(A) in subparagraph (A), by inserting be-
fore the semicolon the following: ‘‘, particularly
those experiencing disparities in access and
services and those who reside in historically un-
derserved communities’’; and
(B) in subparagraph (B), by inserting
after ‘‘by such consortium’’ the following: ‘‘is
consistent with the comprehensive plan under
2617(b)(4) and’’;
(2) in subsection (c)(1)—
(A) in subparagraph (D), by striking
‘‘and’’ after the semicolon at the end;
(B) in subparagraph (E), by striking the
period and inserting ‘‘; and’’; and
(C) by adding at the end the following sub-
paragraph:
‘‘(F) demonstrates that adequate planning
occurred to address disparities in access and
services and historically underserved commu-
nities.’’; and
(3) in subsection (c)(2)—
(A) in subparagraph (B), by striking
‘‘and’’ after the semicolon;
(B) in subparagraph (C), by striking the
period and inserting ‘‘; and’’; and
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(C) by inserting after subparagraph (C)
the following subparagraph:
‘‘(D) 
entities 
described 
in 
section
2602(b)(2).’’.
SEC. 204. PROVISION OF TREATMENTS.
Section 2616 of the Public Health Service Act (42
U.S.C. 300ff–26) is amended by adding at the end the
following subsection:
‘‘(e) USE OF HEALTH INSURANCE AND PLANS.—In
carrying out subsection (a), a State may expend a grant
under this part to provide the therapeutics described in
such subsection by paying on behalf of individuals with
HIV disease the costs of purchasing or maintaining health
insurance or plans whose coverage includes a full range
of such therapeutics and appropriate primary care serv-
ices.’’.
SEC. 205. STATE APPLICATION.
(a) DETERMINATION OF SIZE AND NEEDS OF POPU-
LATION; COMPREHENSIVE PLAN.—Section 2617(b) of the
Public Health Service Act (42 U.S.C. 300ff–27(b)) is
amended—
(1) by redesignating paragraphs (2) through
(4) as paragraphs (4) through (6), respectively;
(2) by inserting after paragraph (1) the fol-
lowing paragraphs:
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‘‘(2) a determination of the size and demo-
graphics of the population of individuals with HIV
disease in the State;
‘‘(3) a determination of the needs of such popu-
lation, with particular attention to—
‘‘(A) individuals with HIV disease who are
not receiving HIV-related services; and
‘‘(B) disparities in access and services
among affected subpopulations and historically
underserved communities;’’; and
(3) in paragraph (4) (as so redesignated)—
(A) by striking ‘‘comprehensive plan for
the organization’’ and inserting ‘‘comprehensive
plan that describes the organization’’;
(B) by striking ‘‘, including—’’ and insert-
ing ‘‘, and that—’’;
(C) by redesignating subparagraphs (A)
through (C) as subparagraphs (D) through (F),
respectively;
(D) by inserting before subparagraph (C)
the following subparagraphs:
‘‘(A) establishes priorities for the allocation
of funds within the State based on—
‘‘(i) size and demographics of the pop-
ulation of individuals with HIV disease (as
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determined under paragraph (2)) and the
needs of such population (as determined
under paragraph (3));
‘‘(ii) availability of other governmental
and nongovernmental resources to provide
HIV-related services to individuals and
families with HIV disease;
‘‘(iii) capacity development needs re-
sulting from disparities in the availability
of HIV-related services in historically un-
derserved communities and rural commu-
nities; and
‘‘(iv) the efficiency of the administra-
tive mechanism of the State for rapidly al-
locating funds to the areas of greatest need
within the State;
‘‘(B) includes a strategy for identifying in-
dividuals with HIV disease who are not receiv-
ing such services and for informing the individ-
uals of and enabling the individuals to utilize
the services, giving particular attention to elimi-
nating disparities in access and services among
affected subpopulations and historically under-
served communities, and including discrete
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goals, a timetable, and an appropriate alloca-
tion of funds;
‘‘(C) includes a strategy to coordinate the
provision of such services with programs for
HIV prevention and for the prevention and
treatment of substance abuse, including pro-
grams that provide comprehensive treatment
services for such abuse;’’;
(E) in subparagraph (D) (as redesignated
by subparagraph (C) of this paragraph), by in-
serting ‘‘describes’’ before ‘‘the services and ac-
tivities’’;
(F) in subparagraph (E) (as so redesig-
nated), by inserting ‘‘provides’’ before ‘‘a de-
scription’’; and
(G) in subparagraph (F) (as so redesig-
nated), by inserting ‘‘provides’’ before ‘‘a de-
scription’’.
(b) PUBLIC PARTICIPATION.—Section 2617(b) of the
Public Health Service Act, as amended by subsection (a)
of this section, is amended—
(1) in paragraph (5), by striking ‘‘HIV’’ and in-
serting ‘‘HIV disease’’; and
(2) in paragraph (6), by amending subpara-
graph (A) to read as follows:
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‘‘(A) the public health agency that is ad-
ministering the grant for the State engages in
a public advisory planning process, including
public hearings, that includes the participants
under paragraph (5), and entities described in
section 2602(b)(2), in developing the com-
prehensive plan under paragraph (4) and com-
menting on the implementation of such plan;’’.
(c) 
HEALTH
CARE
RELATIONSHIPS.—Section
2617(b) of the Public Health Service Act, as amended by
subsection (a) of this section, is amended in paragraph
(6)—
(1) in subparagraph (E), by striking ‘‘and’’ at
the end;
(2) in subparagraph (F), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following subpara-
graph:
‘‘(G) entities within areas in which activi-
ties under the grant are carried out will main-
tain relationships with appropriate entities in
the area, including entities described in section
2612(c);’’.
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SEC. 206. DISTRIBUTION OF FUNDS.
(a) 
MINIMUM
ALLOTMENT.—Section
2618(b)(1)(A)(i) of the Public Health Service Act (42
U.S.C. 300ff–28(b)(1)(A)(i)) is amended—
(1) in subclause (I), by striking ‘‘$100,000’’
and inserting ‘‘$200,000’’; and
(2) in subclause (II), by striking ‘‘$250,000’’
and inserting ‘‘$500,000’’.
(b) AMOUNT
OF GRANT; ESTIMATE
OF LIVING
CASES.—Section 2618(b)(2) of the Public Health Service
Act (42 U.S.C. 300ff–28(b)(2)) is amended—
(1) in subparagraph (D)(i), by inserting before
the semicolon the following: ‘‘, except that (subject
to subparagraph (E)), for grants made pursuant to
this paragraph for fiscal year 2005 and subsequent
fiscal years, the cases counted for each 12-month pe-
riod beginning on or after July 1, 2004, shall be
cases of HIV disease (as reported to and confirmed
by such Director) rather than cases of acquired im-
mune deficiency syndrome’’;
(2) 
by 
redesignating 
subparagraphs 
(E)
through (H) as subparagraphs (F) through (I), re-
spectively; and
(3) by inserting after subparagraph (D) the fol-
lowing subparagraph:
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‘‘(E) DETERMINATION OF SECRETARY RE-
GARDING
DATA
ON
HIV
CASES.—If under
2603(a)(3)(D)(i) the Secretary determines that
data on cases of HIV disease is not sufficiently
accurate and reliable, then notwithstanding sub-
paragraph (D) of this paragraph, for any fiscal
year prior to fiscal year 2007 the references in
such subparagraph to cases of HIV disease do
not have any legal effect.’’.
(c) INCREASES
IN
FORMULA
AMOUNT.—Section
2618(b) of the Public Health Service Act (42 U.S.C.
300ff–28(b)) is amended—
(1) in paragraph (1)(A)(ii), by inserting before
the semicolon the following: ‘‘and then, as applica-
ble, increased under paragraph (2)(H)’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)(i), by striking
‘‘subparagraph (H)’’ and inserting ‘‘subpara-
graphs (H) and (I)’’; and
(B) in subparagraph (H) (as redesignated
by subsection (b)(2) of this section), by amend-
ing the subparagraph to read as follows:
‘‘(H) LIMITATION.—
‘‘(i) IN
GENERAL.—The Secretary
shall ensure that the amount of a grant
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awarded to a State or territory under sec-
tion 2611 for a fiscal year is not less
than—
‘‘(I) with respect to fiscal year
2001, 99 percent;
‘‘(II) with respect to fiscal year
2002, 98 percent;
‘‘(III) with respect to fiscal year
2003, 97 percent;
‘‘(IV) with respect to fiscal year
2004, 96 percent; and
‘‘(V) with respect to fiscal year
2005, 95 percent,
of the amount such State or territory re-
ceived for fiscal year 2000 under such sec-
tion. In administering this subparagraph,
the Secretary shall, with respect to States
or territories that will under such section
receive grants in amounts that exceed the
amounts that such States received under
such section for fiscal year 2000, propor-
tionally reduce such amounts to ensure
compliance with this subparagraph. In
making such reductions, the Secretary
shall ensure that no such State receives
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less than that State received for fiscal year
2000.
‘‘(ii) RATABLE
REDUCTION.—If the
amount appropriated under section 2677
for a fiscal year and available for grants
under section 2611 is less than the amount
appropriated and available under such sec-
tion for fiscal year 2000, the limitation
contained in clause (i) shall be reduced by
a percentage equal to the percentage of the
reduction in such amounts appropriated
and available.’’.
(d) TERRITORIES.—Section 2618(b)(1)(B) of the
Public Health Service Act (42 U.S.C. 300ff–28(b)(1)(B))
is amended by inserting ‘‘the greater of $50,000 or’’ after
‘‘shall be’’.
(e) SEPARATE TREATMENT DRUG GRANTS.—Section
2618(b)(2) of the Public Health Service Act, as amended
by subsection (b)(3) of this section, is amended in sub-
paragraph (I)—
(1) by redesignating clauses (i) and (ii) as sub-
clauses (I) and (II), respectively;
(2) by striking ‘‘(I) APPROPRIATIONS’’ and all
that follows through ‘‘With respect to’’ and inserting
the following:
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‘‘(I) APPROPRIATIONS
FOR
TREATMENT
DRUG PROGRAM.—
‘‘(i) FORMULA GRANTS.—With respect
to’’;
(3) in subclause (I) of clause (i) (as designated
by paragraphs (1) and (2)), by striking ‘‘100 per-
cent’’ and inserting ‘‘98 percent’’; and
(4) by adding at the end the following clause:
‘‘(ii) 
SUPPLEMENTAL
TREATMENT
DRUG GRANTS.—
‘‘(I) IN GENERAL.—With respect
to the fiscal year involved, if under
section 2677 an appropriations Act
provides an amount exclusively for
carrying out section 2616, and such
amount is not less than the amount so
provided for the preceding fiscal year,
the Secretary shall reserve 2 percent
of such amount for making grants to
States whose population of individuals
with HIV disease has, as determined
by the Secretary, a need for quantities
of therapeutics described in section
2616(a) greater than the quantities
available pursuant to clause (i). Such
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a grant is available for purposes of
obtaining such therapeutics. The Sec-
retary shall carry out this clause as a
program of discretionary grants, and
not as a program of formula grants.
‘‘(II) 
DISTRIBUTION
OF
GRANTS.—The Secretary shall dis-
burse all amounts under grants under
subclause (I) for a fiscal year not
later than 240 days after the date on
which the amount referred to in such
subclause with respect to section 2616
becomes available.
‘‘(III) REQUIREMENT OF MATCH-
ING FUNDS.—A condition for receiv-
ing a grant under subclause (I) is
that the State agree to make available
(directly or through donations from
public or private entities) non-Federal
contributions toward the costs of ob-
taining the therapeutics involved in an
amount that is not less than 25 per-
cent of such costs (determined in the
same 
manner 
as 
under
2617(d)(2)(A)).’’.
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(f) 
TECHNICAL
AMENDMENT.—Section
2618(b)(3)(B) of the Public Health Service Act (42
U.S.C. 300ff–28(b)(3)(B)) is amended by striking ‘‘and
the Republic of the Marshall Islands’’ and inserting ‘‘the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau, and only for pur-
poses of paragraph (1) the Commonwealth of Puerto
Rico’’.
SEC. 207. SUPPLEMENTAL GRANTS FOR CERTAIN STATES.
Subpart I of part B of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff–11 et seq.) is
amended—
(1) by striking section 2621; and
(2) by inserting after section 2620 the following
section:
‘‘SEC. 2621. SUPPLEMENTAL GRANTS.
‘‘(a) IN GENERAL.—From amounts available pursu-
ant to subsection (d) for a fiscal year, the Secretary shall
make grants to States that meet the conditions to receive
grants under section 2611, and that have one or more eli-
gible communities, for the purpose of providing in such
communities comprehensive services of the type described
in section 2612(a) to supplement the development and
care activities, primary care, and support services other-
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wise provided in such communities by the State under a
grant under section 2611.
‘‘(b) ELIGIBLE COMMUNITY.—For purposes of this
section, the term ‘eligible community’ means a geographic
area that—
‘‘(1) is not within any eligible area as defined
in section 2607; and
‘‘(2) has a severe need for supplemental finan-
cial assistance to combat the HIV epidemic, accord-
ing to criteria developed by the Secretary in con-
sultation with the States, including evidence of un-
derserved or rural areas or both.
‘‘(c) APPLICATION.—A grant under subsection (a)
may be made to a State if the State submits to the Sec-
retary, as part of the State application submitted under
section 2617, such information as required to apply for
funds under this section as determined by the Secretary
in consultation with the States.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—For the purpose of making
grants under subsection (a) for a fiscal year, the
Secretary shall reserve 50 percent of the amount
specified in paragraph (2).
‘‘(2) INCREASES IN PART B FUNDING.—
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‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the amount specified in this para-
graph is the amount by which the amount ap-
propriated under section 2677 for the fiscal
year involved and available for carrying out
part B is an increase over the amount so appro-
priated and available for the preceding fiscal
year, subject to subparagraphs (B) and (C).
‘‘(B) INITIAL ALLOCATION YEAR.—The al-
location under paragraph (1) shall not be made
until the first fiscal year for which the amount
appropriated under section 2677 for the fiscal
year involved and available for carrying out
part B is an increase of not less than
$20,000,000 over the amount so appropriated
and available for fiscal year 2000, subject to
subparagraph (C).
‘‘(C) EXCLUSION
REGARDING
SEPARATE
TREATMENT DRUG GRANTS.—Each determina-
tion under subparagraph (A) or (B) of the
amount appropriated under section 2677 for a
fiscal year and available for carrying out part
B shall be made without regard to any amount
to which section 2618(b)(2)(I)(i) applies.’’.
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Subtitle B—Provisions Concerning
Pregnancy and Perinatal Trans-
mission of HIV
SEC. 211. REPEALS.
Subpart II of part B of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff–33 et seq.) is
amended—
(1) in section 2626, by striking each of sub-
sections (d) through (f); and
(2) by striking section 2627.
SEC. 212. GRANTS.
(a) IN GENERAL.—Section 2625(c) of the Public
Health Service Act (42 U.S.C. 300ff–33) is amended—
(1) in paragraph (1), by inserting at the end
the following subparagraph:
‘‘(F) Making available to pregnant women
with HIV disease, and to the infants of women
with such disease, treatment services for such
disease in accordance with applicable rec-
ommendations of the Secretary.’’;
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) FUNDING.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For the purpose of carrying out this
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subsection, there are authorized to be appro-
priated $30,000,000 for each of the fiscal years
2001 through 2005. Amounts made available
under section 2677 for carrying out this part
are not available for carrying out this section
unless otherwise authorized.
‘‘(B) 
ALLOCATIONS
FOR
CERTAIN
STATES.—
‘‘(i) IN
GENERAL.—Of the amounts
appropriated under subparagraph (A) for a
fiscal year in excess of $10,000,000, the
Secretary shall reserve the applicable per-
centage under clause (ii) for making grants
under paragraph (1) to States that under
law (including under regulations or the dis-
cretion of State officials) have—
‘‘(I) a requirement that all new-
born infants born in the State be test-
ed for HIV disease; or
‘‘(II) a requirement that newborn
infants born in the State be tested for
HIV disease in circumstances in
which the attending obstetrician for
the birth does not know the HIV sta-
tus of the mother of the infant.
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‘‘(ii) APPLICABLE PERCENTAGE.—For
purposes of clause (i), the applicable
amount for a fiscal year is as follows:
‘‘(I) For fiscal year 2001, 25 per-
cent.
‘‘(II) For fiscal year 2002, 50
percent.
‘‘(III) For fiscal year 2003, 50
percent.
‘‘(IV) For fiscal year 2004, 75
percent.
‘‘(V) For fiscal year 2005, 75
percent.
‘‘(C) CERTAIN PROVISIONS.—With respect
to grants under paragraph (1) that are made
with amounts reserved under subparagraph (B)
of this paragraph:
‘‘(i) Such a grant may not be made in
an amount exceeding $4,000,000.
‘‘(ii) If pursuant to clause (i) or pur-
suant to an insufficient number of quali-
fying applications for such grants (or
both), the full amount reserved under sub-
paragraph (B) for a fiscal year is not obli-
gated, the requirement under such sub-
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paragraph to reserve amounts ceases to
apply.’’; and
(3) by adding at the end the following para-
graph:
‘‘(4) MAINTENANCE OF EFFORT.—A condition
for the receipt of a grant under paragraph (1) is
that the State involved agree that the grant will be
used to supplement and not supplant other funds
available to the State to carry out the purposes of
the grant.’’.
(b) SPECIAL FUNDING RULE
FOR FISCAL YEAR
2001.—
(1) IN GENERAL.—If for fiscal year 2001 the
amount appropriated under paragraph (2)(A) of sec-
tion 2625(c) of the Public Health Service Act is less
than $14,000,000—
(A) the Secretary of Health and Human
Services shall, for the purpose of making grants
under paragraph (1) of such section, reserve
from the amount specified in paragraph (2) of
this subsection an amount equal to the dif-
ference between $14,000,000 and the amount
appropriated under paragraph (2)(A) of such
section for such fiscal year;
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(B) the amount so reserved shall, for pur-
poses of paragraph (2)(B)(i) of such section, be
considered to have been appropriated under
paragraph (2)(A) of such section; and
(C) the percentage specified in paragraph
(2)(B)(ii)(I) of such section is deemed to be 50
percent.
(2) ALLOCATION FROM INCREASES IN FUNDING
FOR PART B.—For purposes of paragraph (1), the
amount specified in this paragraph is the amount by
which the amount appropriated under section 2677
of the Public Health Service Act for fiscal year 2001
and available for grants under section 2611 of such
Act is an increase over the amount so appropriated
and available for fiscal year 2000.
SEC. 213. STUDY BY INSTITUTE OF MEDICINE.
Subpart II of part B of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff–33 et seq.) is amend-
ed by adding at the end the following section:
‘‘SEC. 2630. RECOMMENDATIONS FOR REDUCING INCI-
DENCE OF PERINATAL TRANSMISSION.
‘‘(a) STUDY BY INSTITUTE OF MEDICINE.—
‘‘(1) IN GENERAL.—The Secretary shall request
the Institute of Medicine to enter into an agreement
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with the Secretary under which such Institute con-
ducts a study to provide the following:
‘‘(A) For the most recent fiscal year for
which the information is available, a determina-
tion of the number of newborn infants with
HIV born in the United States with respect to
whom the attending obstetrician for the birth
did not know the HIV status of the mother.
‘‘(B) A determination for each State of
any barriers, including legal barriers, that pre-
vent or discourage an obstetrician from making
it a routine practice to offer pregnant women
an HIV test and a routine practice to test new-
born infants for HIV disease in circumstances
in which the obstetrician does not know the
HIV status of the mother of the infant.
‘‘(C) Recommendations for each State for
reducing the incidence of cases of the perinatal
transmission of HIV, including recommenda-
tions on removing the barriers identified under
subparagraph (B).
If such Institute declines to conduct the study, the
Secretary shall enter into an agreement with another
appropriate public or nonprofit private entity to con-
duct the study.
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‘‘(2) REPORT.—The Secretary shall ensure
that, not later than 18 months after the effective
date of this section, the study required in paragraph
(1) is completed and a report describing the findings
made in the study is submitted to the appropriate
committees of the Congress, the Secretary, and the
chief public health official of each of the States.
‘‘(b) PROGRESS
TOWARD
RECOMMENDATIONS.—
Each State shall comply with the following (as applicable
to the fiscal year involved):
‘‘(1) For fiscal year 2004, the State shall sub-
mit to the Secretary a report describing the actions
taken by the State toward meeting the recommenda-
tions specified for the State under subsection
(a)(1)(C).
‘‘(2) For fiscal year 2005 and each subsequent
fiscal year—
‘‘(A) the State shall make reasonable
progress toward meeting such recommenda-
tions; or
‘‘(B) if the State has not made such
progress—
‘‘(i) the State shall cooperate with the
Director of the Centers for Disease Control
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and Prevention in carrying out activities
toward meeting the recommendations; and
‘‘(ii) the State shall submit to the
Secretary a report containing a description
of any barriers identified under subsection
(a)(1)(B) that continue to exist in the
State; as applicable, the factors underlying
the continued existence of such barriers;
and a description of how the State intends
to reduce the incidence of cases of the
perinatal transmission of HIV.
‘‘(c) SUBMISSION OF REPORTS TO CONGRESS.—The
Secretary shall submit to the appropriate committees of
the Congress each report received by the Secretary under
subsection (b)(2)(B)(ii).’’.
Subtitle C—Certain Partner
Notification Programs
SEC. 221. GRANTS FOR COMPLIANT PARTNER NOTIFICA-
TION PROGRAMS.
Part B of title XXVI of the Public Health Service
Act (42 U.S.C. 300ff–21 et seq.) is amended by adding
at the end the following subpart:
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‘‘Subpart III—Certain Partner Notification Programs
‘‘SEC. 2631. GRANTS FOR PARTNER NOTIFICATION PRO-
GRAMS.
‘‘(a) IN GENERAL.—In the case of States whose laws
or regulations are in accordance with subsection (b), the
Secretary, subject to subsection (c)(2), may make grants
to the States for carrying out programs to provide partner
counseling and referral services.
‘‘(b) DESCRIPTION
OF COMPLIANT STATE PRO-
GRAMS.—For purposes of subsection (a), the laws or regu-
lations of a State are in accordance with this subsection
if under such laws or regulations (including programs car-
ried out pursuant to the discretion of State officials) the
following policies are in effect:
‘‘(1) The State requires that the public health
officer of the State carry out a program of partner
notification to inform partners of individuals with
HIV disease that the partners may have been ex-
posed to the disease.
‘‘(2)(A) In the case of a health entity that pro-
vides for the performance on an individual of a test
for HIV disease, or that treats the individual for the
disease, the State requires, subject to subparagraph
(B), that the entity confidentially report the positive
test results to the State public health officer in a
manner recommended and approved by the Director
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cludes information on modes of transmission for
the disease, including information on prenatal
and perinatal transmission and preventing
transmission.
‘‘(D) Counseling of infected individuals
and their partners includes the provision of in-
formation regarding therapeutic measures for
preventing and treating the deterioration of the
immune system and conditions arising from the
disease, and the provision of other prevention-
related information.
‘‘(E) Referrals for appropriate services are
provided to partners and infected individuals,
including referrals for support services and
legal aid.
‘‘(F) Notifications under subparagraph (A)
are provided in person, unless doing so is an
unreasonable burden on the State.
‘‘(G) There is no criminal or civil penalty
on, or civil liability for, an infected individual if
the individual chooses not to identify the part-
ners of the individual, or the individual does not
otherwise cooperate with such program.
‘‘(H) The failure of the State to notify
partners is not a basis for the civil liability of
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any health entity who under the program re-
ported to the State the identity of the infected
individual involved.
‘‘(I) The State provides that the provisions
of the program may not be construed as prohib-
iting the State from providing a notification
under subparagraph (A) without the consent of
the infected individual involved.
‘‘(4) The State annually reports to the Director
of the Centers for Disease Control and Prevention
the number of individuals from whom the names of
partners have been sought under the program under
paragraph (1), the number of such individuals who
provided the names of partners, and the number of
partners so named who were notified under the pro-
gram.
‘‘(5) The State cooperates with such Director in
carrying out a national program of partner notifica-
tion, including the sharing of information between
the public health officers of the States.
‘‘(c) REPORTING SYSTEM FOR CASES OF HIV DIS-
EASE.—
‘‘(1) 
PREFERENCE
IN
MAKING
GRANTS
THROUGH
FISCAL
YEAR
2003.—In making grants
under subsection (a) for each of the fiscal years
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2001 through 2003, the Secretary shall give pref-
erence to States whose reporting systems for cases
of HIV disease produce data on such cases that is
sufficiently accurate and reliable for use for pur-
poses of section 2618(b)(2)(D)(i).
‘‘(2) ELIGIBILITY
CONDITION
AFTER
FISCAL
YEAR 2003.—For fiscal year 2004 and subsequent
fiscal years, a State may not receive a grant under
subsection (a) unless the reporting system of the
State for cases of HIV disease produces data on
such cases that is sufficiently accurate and reliable
for purposes of section 2618(b)(2)(D)(i).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $30,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the fiscal years
2002 through 2005.’’.
TITLE III—EARLY
INTERVENTION SERVICES
Subtitle A—Formula Grants for
States
SEC. 301. REPEAL OF PROGRAM.
Subpart I of part C of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff–41 et seq.) is re-
pealed.
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Subtitle B—Categorical Grants
SEC. 311. PREFERENCES IN MAKING GRANTS.
Section 2653 of the Public Health Service Act (42
U.S.C. 300ff–53) is amended by adding at the end the
following subsection:
‘‘(d) UNDERSERVED AND RURAL AREAS.—Of the ap-
plicants who qualify for preference under this section, the
Secretary shall give preference to applicants that will ex-
pend the grant under section 2651 to provide early inter-
vention under such section in rural areas or in areas that
are underserved with respect to such services.’’.
SEC. 312. PLANNING AND DEVELOPMENT GRANTS.
(a) IN GENERAL.—Section 2654(c)(1) of the Public
Health Service Act (42 U.S.C. 300ff–54(c)(1)) is amended
by striking ‘‘planning grants’’ and all that follows and in-
serting the following: ‘‘planning grants to public and non-
profit private entities for purposes of—
‘‘(A) enabling such entities to provide HIV
early intervention services; and
‘‘(B) assisting the entities in expanding
their capacity to provide HIV-related health
services, including early intervention services, in
low-income communities and affected sub-
populations that are underserved with respect
to such services (subject to the condition that a
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grant pursuant to this subparagraph may not
be expended to purchase or improve land, or to
purchase, construct, or permanently improve,
other than minor remodeling, any building or
other facility).’’.
(b) AMOUNT; DURATION.—Section 2654(c) of the
Public Health Service Act (42 U.S.C. 300ff–54(c)) is fur-
ther amended—
(1) by redesignating paragraph (4) as para-
graph (5); and
(2) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) AMOUNT AND DURATION OF GRANTS.—
‘‘(A) EARLY INTERVENTION SERVICES.—A
grant under paragraph (1)(A) may be made in
an amount not to exceed $50,000.
‘‘(B) CAPACITY DEVELOPMENT.—
‘‘(i) AMOUNT.—A grant under para-
graph (1)(B) may be made in an amount
not to exceed $150,000.
‘‘(ii) DURATION.—The total duration
of a grant under paragraph (1)(B), includ-
ing any renewal, may not exceed 3 years.’’.
(c) INCREASE IN LIMITATION.—Section 2654(c)(5)
of the Public Health Service Act (42 U.S.C. 300ff–
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54(c)(5)), as redesignated by subsection (b), is amended
by striking ‘‘1 percent’’ and inserting ‘‘5 percent’’.
SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
Section 2655 of the Public Health Service Act (42
U.S.C. 300ff–55) is amended by striking ‘‘in each of’’ and
all that follows and inserting ‘‘for each of the fiscal years
2001 through 2005.’’.
Subtitle C—General Provisions
SEC. 321. PROVISION OF CERTAIN COUNSELING SERVICES.
Section 2662(c)(3) of the Public Health Service Act
(42 U.S.C. 300ff–62(c)(3)) is amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘counseling on—’’ and inserting ‘‘coun-
seling—’’;
(2) in each of subparagraphs (A), (B), and (D),
by inserting ‘‘on’’ after the subparagraph designa-
tion; and
(3) in subparagraph (C)—
(A) by striking ‘‘(C) the benefits’’ and in-
serting ‘‘(C)(i) that explains the benefits’’; and
(B) by inserting after clause (i) (as des-
ignated by subparagraph (A) of this paragraph)
the following clause:
‘‘(ii) that emphasizes it is the duty of in-
fected individuals to disclose their infected sta-
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tus to their sexual partners and their partners
in the sharing of hypodermic needles; that pro-
vides advice to infected individuals on the man-
ner 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 expose others to HIV.
SEC. 322. ADDITIONAL REQUIRED AGREEMENTS.
Section 2664(g) of the Public Health Service Act (42
U.S.C. 300ff–64(g)) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘7.5 percent’’ and inserting
‘‘10 percent’’; and
(B) by striking ‘‘and’’ after the semicolon
at the end;
(2) in paragraph (4), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following para-
graph:
‘‘(5) the applicant will provide for the establish-
ment of a quality management program to assess
the extent to which medical services funded under
this title that are provided to patients are consistent
with the most recent Public Health Service guide-
lines for the treatment of HIV disease and related
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opportunistic infections and that improvements in
the access to and quality of medical services are ad-
dressed.’’.
TITLE IV—OTHER PROGRAMS
AND ACTIVITIES
Subtitle A—Certain Programs for
Research, 
Demonstrations, 
or
Training
SEC. 401. GRANTS FOR COORDINATED SERVICES AND AC-
CESS TO RESEARCH FOR WOMEN, INFANTS,
CHILDREN, AND YOUTH.
Section 2671 of the Public Health Service Act (42
U.S.C. 300ff–71) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking subpara-
graphs (C) and (D) and inserting the following:
‘‘(C) The applicant will demonstrate link-
ages to research and how access to such re-
search is being offered to patients.’’; and
(B) by striking paragraphs (3) and (4);
(2) in subsection (g), by adding at the end the
following: ‘‘In addition, the Secretary, in coordina-
tion with the Director of such Institutes, shall exam-
ine the distribution and availability of appropriate
HIV-related research projects with respect to grant-
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ees under subsection (a) for purposes of enhancing
and expanding HIV-related research, especially with-
in communities that are underrepresented with re-
spect to such projects.’’;
(3) in subsection (f)—
(A) by striking the subsection heading and
designation and inserting the following:
‘‘(f) ADMINISTRATION.—
‘‘(1) APPLICATION.—’’; and
(B) by adding at the end the following
paragraph:
‘‘(2) QUALITY
MANAGEMENT
PROGRAM.—A
grantee under this section shall implement a quality
management program.’’; and
(4) in subsection (j), by striking ‘‘1996 through
2000’’ and inserting ‘‘2001 through 2005’’.
SEC. 402. AIDS EDUCATION AND TRAINING CENTERS.
(a) SCHOOLS; CENTERS.—
(1) IN GENERAL.—Section 2692(a)(1) of the
Public Health Service Act (42 U.S.C. 300ff–
111(a)(1)) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘training’’ and insert-
ing ‘‘to train’’;
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(ii) by striking ‘‘and including’’ and
inserting ‘‘, including’’; and
(iii) by inserting before the semicolon
the following: ‘‘, and including (as applica-
ble to the type of health professional in-
volved), prenatal and other gynecological
care for women with HIV disease’’;
(B) in subparagraph (B), by striking
‘‘and’’ after the semicolon at the end;
(C) in subparagraph (C), by striking the
period and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(D) to develop protocols for the medical
care of women with HIV disease, including pre-
natal and other gynecological care for such
women.’’.
(2) DISSEMINATION
OF
TREATMENT
GUIDE-
LINES; MEDICAL
CONSULTATION
ACTIVITIES.—Not
later than 90 days after the date of the enactment
of this Act, the Secretary of Health and Human
Services shall issue and begin implementation of a
strategy for the dissemination of HIV treatment in-
formation to health care providers and patients.
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(b) DENTAL SCHOOLS.—Section 2692(b) of the Pub-
lic Health Service Act (42 U.S.C. 300ff–111(b)) is
amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) IN GENERAL.—
‘‘(A) GRANTS.—The Secretary may make
grants to dental schools and programs de-
scribed in subparagraph (B) to assist such
schools and programs with respect to oral
health care to patients with HIV disease.
‘‘(B) ELIGIBLE
APPLICANTS.—For pur-
poses of this subsection, the dental schools and
programs referred to in this subparagraph are
dental schools and programs that were de-
scribed in section 777(b)(4)(B) as such section
was in effect on the day before the date of the
enactment of the Health Professions Education
Partnerships Act of 1998 (Public Law 105–
392) and in addition dental hygiene programs
that are accredited by the Commission on Den-
tal Accreditation.’’;
(2) 
in 
paragraph 
(2), 
by 
striking
‘‘777(b)(4)(B)’’ and inserting ‘‘the section referred
to in paragraph (1)(B)’’; and
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(3) by inserting after paragraph (4) the fol-
lowing paragraph:
‘‘(5) COMMUNITY-BASED CARE.—The Secretary
may make grants to dental schools and programs de-
scribed in paragraph (1)(B) that partner with com-
munity-based dentists to provide oral health care to
patients with HIV disease in unserved areas. Such
partnerships shall permit the training of dental stu-
dents and residents and the participation of commu-
nity dentists as adjunct faculty.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) SCHOOLS; CENTERS.—Section 2692(c)(1) of
the Public Health Service Act (42 U.S.C. 300ff–
111(c)(1)) is amended by striking ‘‘fiscal years 1996
through 2000’’ and inserting ‘‘fiscal years 2001
through 2005’’.
(2) DENTAL SCHOOLS.—Section 2692(c)(2) of
the Public Health Service Act (42 U.S.C. 300ff–
111(c)(2)) is amended to read as follows:
‘‘(2) DENTAL SCHOOLS.—
‘‘(A) IN
GENERAL.—For the purpose of
grants under paragraphs (1) through (4) of
subsection (b), there are authorized to be ap-
propriated such sums as may be necessary for
each of the fiscal years 2001 through 2005.
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‘‘(B) COMMUNITY-BASED CARE.—For the
purpose of grants under subsection (b)(5), there
are authorized to be appropriated such sums as
may be necessary for each of the fiscal years
2001 through 2005.’’.
Subtitle B—General Provisions in
Title XXVI
SEC. 411. EVALUATIONS AND REPORTS.
Section 2674(c) of the Public Health Service Act (42
U.S.C. 300ff–74(c)) is amended by striking ‘‘1991
through 1995’’ and inserting ‘‘2001 through 2005’’.
SEC. 412. DATA COLLECTION THROUGH CENTERS FOR DIS-
EASE CONTROL AND PREVENTION.
Part D of title XXVI of the Public Health Service
Act (42 U.S.C. 300ff–71 et seq.) is amended—
(1) by redesignating section 2675 as section
2675A; and
(2) by inserting after section 2674 the following
section:
‘‘SEC. 2675. DATA COLLECTION.
‘‘For the purpose of collecting and providing data for
program planning and evaluation activities under this
title, there are authorized to be appropriated to the Sec-
retary (acting through the Director of the Centers for Dis-
ease Control and Prevention) such sums as may be nec-
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essary for each of the fiscal years 2001 through 2005.
Such authorization of appropriations is in addition to
other authorizations of appropriations that are available
for such purpose.’’.
SEC. 413. COORDINATION.
Section 2675A of the Public Health Service Act, as
redesignated by section 412 of this Act, is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) REQUIREMENT.—The Secretary shall ensure
that the Health Resources and Services Administration,
the Centers for Disease Control and Prevention, the Sub-
stance Abuse and Mental Health Services Administration,
and the Health Care Financing Administration coordinate
the planning, funding, and implementation of Federal
HIV programs to enhance the continuity of care and pre-
vention services for individuals with HIV disease or those
at risk of such disease. The Secretary shall consult with
other Federal agencies, including the Department of Vet-
erans Affairs, as needed and utilize planning information
submitted to such agencies by the States and entities eligi-
ble for support.’’;
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;