SEC. 104. IMPROVING ENTRY INTO AND RETENTION IN 
CARE AND ANTIRETROVIRAL ADHERENCE 
FOR PERSONS WITH HIV. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that AIDS research has led to scientific advance-
ments that have— 
(1) saved the lives of millions of people with 
HIV/AIDS; 
(2) prevented millions of people from being in-
fected; and 
(3) had broad benefits that extend far beyond 
helping people at risk for or living with HIV. 
(b) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Director of the Na-
tional Institutes of Health, shall expand, intensify, and co-
ordinate operational and translational research and other 
activities of the National Institutes of Health regarding 
methods— 
(1) to increase adoption of evidence-based ad-
herence strategies within HIV care and treatment 
programs; 
(2) to increase HIV testing and case detection 
rates; 
(3) to reduce HIV-related health disparities; 
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(4) to ensure that research to improve adher-
ence to HIV care and treatment programs address 
the unique concerns of women; 
(5) to integrate HIV/AIDS prevention and care 
services with mental health and substance use pre-
vention and treatment delivery systems; and 
(6) to increase knowledge on the implementa-
tion of pre-exposure prophylaxis (PrEP), including 
with respect to— 
(A) who can benefit most from PrEP; 
(B) how to provide PrEP safely and effi-
ciently; 
(C) how to integrate PrEP with other es-
sential prevention methods such as condoms; 
and 
(D) how to ensure high levels of adherence. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2013 
through 2017. 
SEC. 105. HEALTH CARE PROFESSIONALS TREATING INDI-
VIDUALS WITH HIV/AIDS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Administrator of the 
Health Resources and Services Administration, shall ex-
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pand, intensify, and coordinate workforce initiatives of the 
Health Resources and Services Administration to increase 
the capacity of the health workforce focusing primarily on 
HIV/AIDS to meet the demand for culturally competent 
care, and may award grants for any of the following: 
(1) Development of curricula for training pri-
mary care providers in HIV/AIDS prevention and 
care, including routine HIV testing. 
(2) Support to expand access to culturally and 
linguistically accessible benefits counselors, trained 
peer navigators, and mental and behavioral health 
professionals with expertise in HIV/AIDS. 
(3) Training health care professionals to pro-
vide care to individuals with HIV/AIDS. 
(4) Development by grant recipients under title 
XXVI of the Public Health Service Act (42 U.S.C. 
300ff–11 et seq.; commonly referred to as the Ryan 
White HIV/AIDS Program) and other persons, of 
policies for providing culturally relevant and sen-
sitive treatment to individuals with HIV/AIDS, with 
particular emphasis on treatment to racial and eth-
nic minorities, men who have sex with men, and 
women, young people, and children with HIV/AIDS. 
(5) Development and implementation of pro-
grams to increase the use of telehealth to respond to 
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HIV/AIDS-specific health care needs in rural and 
minority communities, with particular emphasis 
given to medically underserved communities and in-
sular areas. 
(6) Evaluating interdisciplinary medical pro-
vider care team models that promote high quality 
care. 
(7) Training health care professionals to make 
them aware of the high rates of chronic hepatitis B 
and chronic hepatitis C in certain adult ethnic popu-
lations, and the importance of prevention, detection, 
and medical management of hepatitis B and hepa-
titis C and of liver cancer screening. 
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2013 
through 2017. 
SEC. 106. HIV/AIDS PROVIDER LOAN REPAYMENT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary may enter into an 
agreement with any physician, nurse practitioner, or phy-
sician assistant under which— 
(1) the physician, nurse practitioner, or physi-
cian assistant agrees to serve as a medical provider 
for a period of not less than 2 years— 
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(A) at a Ryan White-funded or title X- 
funded facility with a critical shortage of doc-
tors (as determined by the Secretary); or 
(B) in an area with a high incidence of 
HIV/AIDS; and 
(2) the Secretary agrees to make payments in 
accordance with subsection (b) on the professional 
education loans of the physician, nurse practitioner, 
or physician assistant. 
(b) MANNER
OF PAYMENTS.—The payments de-
scribed in subsection (a) shall be made by the Secretary 
as follows: 
(1) Upon completion by the physician, nurse 
practitioner, or physician assistant for whom the 
payments are to be made of the first year of the 
service specified in the agreement entered into with 
the Secretary under subsection (a), the Secretary 
shall pay 30 percent of the principal of and the in-
terest on the individual’s professional education 
loans. 
(2) Upon completion by the physician, nurse 
practitioner, or physician assistant of the second 
year of such service, the Secretary shall pay another 
30 percent of the principal of and the interest on 
such loans. 
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(3) Upon completion by that individual of a 
third year of such service, the Secretary shall pay 
another 25 percent of the principal of and the inter-
est on such loans. 
(c) APPLICABILITY OF CERTAIN PROVISIONS.—The 
provisions of subpart III of part D of title III of the Public 
Health Service Act (42 U.S.C. 254l et seq.) shall, except 
as inconsistent with this section, apply to the program car-
ried out under this section in the same manner and to 
the same extent as such provisions apply to the National 
Health Service Corps Loan Repayment Program. 
(d) REPORTS.—Not later than 18 months after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary shall prepare and submit to the Congress 
a report describing the program carried out under this sec-
tion, including statements regarding the following: 
(1) The number of physicians, nurse practi-
tioners, and physician assistants enrolled in the pro-
gram. 
(2) The number and amount of loan repay-
ments. 
(3) The placement location of loan repayment 
recipients at facilities described in subsection (a)(1). 
(4) The default rate and actions required. 
(5) The amount of outstanding default funds. 
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(6) To the extent that it can be determined, the 
reason for the default. 
(7) The demographics of individuals partici-
pating in the program. 
(8) An evaluation of the overall costs and bene-
fits of the program. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘HIV/AIDS’’ means human im-
munodeficiency virus and acquired immune defi-
ciency syndrome. 
(2) The term ‘‘nurse practitioner’’ means a 
nurse with an advanced practice nursing licensure. 
(3) The term ‘‘physician’’ means a graduate of 
a school of medicine who has completed post-
graduate training in general or pediatric medicine. 
(4) The term ‘‘physician assistant’’ means a 
medical provider who completed an accredited physi-
cian assistant training program and successfully 
passed the Physician Assistant National Certifying 
Examination. 
(5) The term ‘‘professional education loan’’— 
(A) means a loan that is incurred for the 
cost of attendance (including tuition, other rea-
sonable educational expenses, and reasonable 
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living costs) at a school of medicine, nursing, or 
physician assistant training program; and 
(B) includes only the portion of the loan 
that is outstanding on the date the physician, 
nurse practitioner, or physician assistant in-
volved begins the service specified in the agree-
ment under subsection (a). 
(6) The term ‘‘Ryan White-funded’’ means, 
with respect to a facility, receiving funds under title 
XXVI of the Public Health Service Act (42 U.S.C. 
300ff–11 et seq.). 
(7) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(8) The term ‘‘school of medicine’’ has the 
meaning given to that term in section 799B of the 
Public Health Service Act (42 U.S.C. 295p). 
(9) The term ‘‘title X-funded’’ means, with re-
spect to a facility, receiving funds under title X of 
the Public Health Service Act (42 U.S.C. 300 et 
seq.). 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2013 
through 2017. 
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SEC. 107. REDUCING NEW HIV INFECTIONS AMONG INJECT-
ING DRUG USERS. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that providing sterile syringes and sterilized equip-
ment to injecting drug users substantially reduces risk of 
HIV infection , increases the probability that they will ini-
tiate drug treatment, and does not increase drug use. 
(b) IN GENERAL.—The Secretary of Health and 
Human Services may provide grants and technical assist-
ance for the purpose of reducing the rate of HIV infections 
among injecting drug users through a comprehensive 
package of services for such users, including the provision 
of sterile syringes, education and outreach, access to infec-
tious disease testing, overdose prevention, and treatment 
for drug dependence. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2013 
through 2017. 
SEC. 108. SUPPORT FOR EXPANSION OF COMPREHENSIVE 
SEXUAL 
HEALTH 
AND 
EDUCATION 
PRO-
GRAMS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) federally funded sex education programs 
should aim to— 
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(A) reduce unintended pregnancy and sex-
ually transmitted infections, including HIV; 
(B) promote safe and healthy relation-
ships; 
(C) use, and be informed by, the best sci-
entific information available; 
(D) be built on characteristics of effective 
programs; 
(E) expand the existing body of evidence 
on comprehensive sex education programs 
through program evaluation; 
(F) expand training programs for teachers 
of comprehensive sex education; 
(G) build on the personal responsibility 
education programs funded under section 513 
of the Social Security Act (42 U.S.C. 713) and 
the President’s Teen Pregnancy Prevention pro-
gram, funded under title II of the Consolidated 
Appropriations Act, 2010 (Public Law 111– 
117; 123 Stat. 3253); and 
(H) promote and uphold the rights of 
young people to information in order to make 
healthy and responsible decisions about their 
sexual health; and 
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(2) no Federal funds should be used for health 
education programs that— 
(A) deliberately withhold life-saving infor-
mation about HIV; 
(B) are medically inaccurate or have been 
scientifically shown to be ineffective; 
(C) promote gender stereotypes; 
(D) are insensitive and unresponsive to the 
needs of sexually active adolescents; 
(E) are insensitive and unresponsive to the 
needs of lesbian, gay, bisexual, or transgender 
youth; or 
(F) are inconsistent with the ethical im-
peratives of medicine and public health. 
(b) GRANTS FOR COMPREHENSIVE SEX EDUCATION 
FOR ADOLESCENTS.— 
(1) PROGRAM AUTHORIZED.—The Secretary, in 
coordination with the Director of the Office of Ado-
lescent Health, shall award grants, on a competitive 
basis, to eligible entities to enable such eligible enti-
ties to carry out programs that provide adolescents 
with comprehensive sex education, as described in 
paragraph (6). 
(2) DURATION.—Grants awarded under this 
subsection shall be for a period of 5 years. 
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(3) ELIGIBLE ENTITY.—In this subsection, the 
term ‘‘eligible entity’’ means a public or private enti-
ty that focuses on adolescent health or education or 
has experience working with adolescents, which may 
include— 
(A) a State educational agency; 
(B) a local educational agency; 
(C) a tribe or tribal organization, as de-
fined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 
450b); 
(D) a State or local department of health; 
(E) a State or local department of edu-
cation; 
(F) a nonprofit organization; 
(G) a nonprofit or public institution of 
higher education; or 
(H) a hospital. 
(4) APPLICATIONS.—An eligible entity desiring 
a grant under this subsection shall submit an appli-
cation to the Secretary at such time, in such man-
ner, and containing such information as the Sec-
retary may require, including the evaluation plan de-
scribed in paragraph (7)(A). 
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(5) PRIORITY.—In awarding grants under this 
subsection, the Secretary shall give priority to eligi-
ble entities that— 
(A) are State or local public entities, with 
an additional priority for State or local edu-
cational agencies; and 
(B) address health disparities among 
young people that are at highest risk for not 
less than 1 of the following: 
(i) Unintended pregnancies. 
(ii) Sexually transmitted infections, 
including HIV. 
(iii) Dating violence and sexual as-
sault. 
(6) USE OF FUNDS.— 
(A) IN
GENERAL.—Each eligible entity 
that receives a grant under this subsection shall 
use grant funds to carry out a program that 
provides adolescents with comprehensive sex 
education that— 
(i) replicates evidence-based sex edu-
cation programs; 
(ii) substantially incorporates ele-
ments of evidence-based sex education pro-
grams; or 
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(iii) creates a demonstration project 
based on generally accepted characteristics 
of effective sex education programs. 
(B) CONTENTS OF SEX EDUCATION PRO-
GRAMS.—The sex education programs funded 
under this subsection shall include curricula 
and program materials that address— 
(i) abstinence and delaying sexual ini-
tiation; 
(ii) the health benefits and side effects 
of all contraceptive and barrier methods as 
a means to prevent pregnancy and sexually 
transmitted infections, including HIV; 
(iii) healthy relationships, including 
the development of healthy attitudes and 
skills necessary for understanding— 
(I) healthy relationships between 
oneself and family, others, and soci-
ety; and 
(II) the prevention of sexual 
abuse, teen dating violence, bullying, 
harassment, and suicide; 
(iv) healthy life skills including goal- 
setting, decisionmaking, interpersonal skills 
(such as communication, assertiveness, and 
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peer refusal skills), critical thinking, self- 
esteem and self-efficacy, and stress man-
agement; 
(v) how to make responsible decisions 
about sex and sexuality, including— 
(I) how to avoid, and how to 
avoid making, unwanted verbal, phys-
ical, and sexual advances; and 
(II) how alcohol and drug use 
can affect responsible decisionmaking; 
(vi) the development of healthy atti-
tudes and values about such topics as ado-
lescent growth and development, body 
image, gender roles and gender identity, 
racial and ethnic diversity, and sexual ori-
entation; and 
(vii) referral services for local health 
clinics and services where adolescents can 
obtain additional information and services 
related to sexual and reproductive health, 
dating violence and sexual assault, and sui-
cide prevention. 
(7) EVALUATION; REPORT.— 
(A) INDEPENDENT
EVALUATION.—Each 
eligible entity applying for a grant under this 
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subsection shall develop and submit to the Sec-
retary a plan for a rigorous independent evalua-
tion of such grant program. The plan shall de-
scribe an independent evaluation that— 
(i) uses sound statistical methods and 
techniques 
relating 
to 
the 
behavioral 
sciences, including random assignment 
methodologies, whenever possible; 
(ii) uses quantitative data for assess-
ments and impact evaluations, whenever 
possible; and 
(iii) is carried out by an entity inde-
pendent from such eligible entity. 
(B) SELECTION
OF
EVALUATED
PRO-
GRAMS; BUDGET.— 
(i) SELECTION OF EVALUATED PRO-
GRAMS.—The Secretary shall select, at 
random, a subset of the eligible entities 
that the Secretary has selected to receive a 
grant under this subsection to receive addi-
tional funding to carry out the evaluation 
plan described in subparagraph (A). 
(ii) BUDGET FOR EVALUATION ACTIVI-
TIES.—The Secretary, in coordination with 
the Director of the Office of Adolescent 
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Health, shall establish a budget for each 
eligible entity selected under clause (i) for 
the costs of carrying out the evaluation 
plan described in subparagraph (A). 
(C) FUNDS FOR EVALUATION.—The Sec-
retary shall provide eligible entities who are se-
lected under subparagraph (B)(i) with addi-
tional funds, in accordance with the budget de-
scribed in subparagraph (B)(ii), to carry out 
and report to the Secretary on the evaluation 
plan described in subparagraph (A). 
(D) PERFORMANCE MEASURES.—The Sec-
retary, in coordination with the Director of the 
Centers for Disease Control and Prevention, 
shall establish a common set of performance 
measures to assess the implementation and im-
pact of grant programs funded under this sub-
section. Such performance measures shall in-
clude— 
(i) output measures, such as the num-
ber of individuals served and the number 
of hours of service delivery; 
(ii) 
outcome 
measures, 
including 
measures relating to— 
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(I) the knowledge that youth par-
ticipating in the grant program have 
gained about— 
(aa) adolescent growth and 
development; 
(bb) relationship dynamics; 
(cc) ways to prevent unin-
tended pregnancy and sexually 
transmitted infections, including 
HIV; and 
(dd) sexual health; 
(II) the skills that adolescents 
participating in the grant program 
have gained regarding— 
(aa) negotiation and commu-
nication; 
(bb) 
decisionmaking 
and 
goal-setting; 
(cc) interpersonal skills and 
healthy relationships; and 
(dd) condom use; and 
(III) the behaviors of adolescents 
participating in the grant program, 
including data about— 
(aa) age of first intercourse; 
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(bb) number of sexual part-
ners; 
(cc) condom and contracep-
tive use at first intercourse; 
(dd) recent condom and con-
traceptive use; and 
(ee) dating abuse and life-
time history of domestic violence, 
sexual assault, dating violence, 
bullying, harassment, and stalk-
ing. 
(E) REPORT TO THE SECRETARY.—Eligi-
ble entities receiving a grant under this sub-
section who have been selected to receive funds 
to carry out the evaluation plan described in 
subparagraph (A), in accordance with subpara-
graph (B)(i), shall collect and report to the Sec-
retary— 
(i) the results of the independent eval-
uation described in subparagraph (A); and 
(ii) information about the perform-
ance measures described in subparagraph 
(B). 
(F) EFFECTIVE
PROGRAMS.—The Sec-
retary, in coordination with the Director of the 
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Centers for Disease Control and Prevention, 
shall publish on the Web site of the Centers for 
Disease Control and Prevention, a list of pro-
grams funded under this subsection that the 
Secretary has determined to be effective pro-
grams. 
(c) GRANTS FOR COMPREHENSIVE SEX EDUCATION 
AT INSTITUTIONS OF HIGHER EDUCATION.— 
(1) PROGRAM AUTHORIZED.—The Secretary, in 
coordination with the Office of Adolescent Health 
and the Secretary of Education, shall award grants, 
on a competitive basis, to institutions of higher edu-
cation to enable such institutions to provide young 
people with comprehensive sex education, described 
in paragraph (5)(B), with an emphasis on reducing 
HIV, other sexually transmitted infections, and un-
intended pregnancy through instruction about— 
(A) abstinence and contraception; 
(B) reducing dating violence, sexual as-
sault, bullying, and harassment; 
(C) increasing healthy relationships; and 
(D) academic achievement. 
(2) DURATION.—Grants awarded under this 
subsection shall be for a period of 5 years. 
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(3) APPLICATIONS.—An institution of higher 
education desiring a grant under this subsection 
shall submit an application to the Secretary at such 
time, in such manner, and containing such informa-
tion as the Secretary may require. 
(4) PRIORITY.—In awarding grants under this 
subsection, the Secretary shall give priority to an in-
stitution of higher education that— 
(A) has an enrollment of needy students as 
defined in section 318(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059e(b)); 
(B) is a Hispanic-serving institution, as 
defined in section 502(a) of such Act (20 
U.S.C. 1101a(a)); 
(C) is a Tribal College or University, as 
defined in section 316(b) of such Act (20 
U.S.C. 1059c(b)); 
(D) is an Alaska Native-serving institution, 
as defined in section 317(b) of such Act (20 
U.S.C. 1059d(b)); 
(E) is a Native Hawaiian-serving institu-
tion, as defined in section 317(b) of such Act 
(20 U.S.C. 1059d(b)); 
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(F) is a Predominately Black Institution, 
as defined in section 318(b) of such Act (20 
U.S.C. 1059e(b)); 
(G) is a Native American-serving, non-
tribal institution, as defined in section 319(b) 
of such Act (20 U.S.C. 1059f(b)); 
(H) is an Asian American and Native 
American Pacific Islander-serving institution, as 
defined in section 320(b) of such Act (20 
U.S.C. 1059g(b)); or 
(I) is a minority institution, as defined in 
section 365 of such Act (20 U.S.C. 1067k), 
with an enrollment of needy students, as de-
fined in section 312 of such Act (20 U.S.C. 
1058). 
(5) USES OF FUNDS.— 
(A) IN GENERAL.—An institution of higher 
education receiving a grant under this sub-
section may use grant funds to integrate issues 
relating to comprehensive sex education into the 
academic or support sectors of the institution of 
higher education in order to reach a large num-
ber of students, by carrying out 1 or more of 
the following activities: 
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(i) Developing educational content for 
issues relating to comprehensive sex edu-
cation that will be incorporated into first- 
year orientation or core courses. 
(ii) 
Developing 
and 
employing 
schoolwide educational programming out-
side of class that delivers elements of com-
prehensive sex education programs to stu-
dents, faculty, and staff. 
(iii) Creating innovative technology- 
based approaches to deliver sex education 
to students, faculty, and staff. 
(iv) Developing and employing peer- 
outreach and education programs to gen-
erate discussion, educate, and raise aware-
ness among students about issues relating 
to comprehensive sex education. 
(B) CONTENTS OF SEX EDUCATION PRO-
GRAMS.—Each institution of higher education’s 
program of comprehensive sex education funded 
under this subsection shall include curricula 
and program materials that address informa-
tion about— 
(i) safe and responsible sexual behav-
ior with respect to the prevention of preg-
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nancy and sexually transmitted infections, 
including HIV, including through— 
(I) abstinence; 
(II) a reduced number of sexual 
partners; and 
(III) the use of condoms and con-
traception; 
(ii) healthy relationships, including 
the development of healthy attitudes and 
insights necessary for understanding— 
(I) relationships between oneself, 
family, partners, others, and society; 
and 
(II) the prevention of sexual 
abuse, dating violence, bullying, har-
assment, and suicide; and 
(iii) referral services to local health 
clinics where young people can obtain addi-
tional information and services related to 
sexual and reproductive health, dating vio-
lence and sexual assault, and suicide pre-
vention. 
(C) OPTIONAL COMPONENTS OF SEX EDU-
CATION.—Each institution of higher education’s 
program of comprehensive sex education may 
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also include information and skills development 
relating to— 
(i) how to make responsible decisions 
about sex and sexuality, including— 
(I) how to avoid, and avoid mak-
ing, unwanted verbal, physical, and 
sexual advances; and 
(II) how alcohol and drug use 
can affect responsible decisionmaking; 
(ii) healthy life skills, including— 
(I) goal-setting and decision-
making; 
(II) interpersonal skills, such as 
communication, 
assertiveness, 
and 
peer refusal skills; 
(III) critical thinking; 
(IV) self-esteem and self-efficacy; 
and 
(V) stress management; 
(iii) the development of healthy atti-
tudes and values about such topics as body 
image, gender roles and gender identity, 
racial and ethnic diversity, and sexual ori-
entation; and 
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(iv) the responsibilities of parenting 
and the skills necessary to parent well. 
(6) EVALUATION; REPORT.—The requirements 
described in section 125B(g) shall also apply to eligi-
ble entities receiving a grant under this subsection 
in the same manner as such requirements apply to 
eligible entities receiving grants under section 125B. 
(d) GRANTS
FOR PRE-SERVICE
AND IN-SERVICE 
TEACHER TRAINING.— 
(1) PROGRAM AUTHORIZED.—The Secretary, in 
coordination with the Director of the Centers for 
Disease Control and Prevention and the Secretary of 
Education, shall award grants, on a competitive 
basis, to eligible entities to enable such eligible enti-
ties to carry out the activities described in para-
graph (5). 
(2) DURATION.—Grants awarded under this 
subsection shall be for a period of 5 years. 
(3) ELIGIBLE ENTITY.—In this subsection, the 
term ‘‘eligible entity’’ means— 
(A) a State educational agency; 
(B) a local educational agency; 
(C) a tribe or tribal organization, as de-
fined in section 4 of the Indian Self-Determina-
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tion and Education Assistance Act (25 U.S.C. 
450b); 
(D) a State or local department of health; 
(E) a State or local department of edu-
cation; 
(F) a nonprofit institution of higher edu-
cation; 
(G) a national or statewide nonprofit orga-
nization that has as its primary purpose the im-
provement of provision of comprehensive sex 
education through effective teaching of com-
prehensive sex education; or 
(H) a consortium of nonprofit organiza-
tions that has as its primary purpose the im-
provement of provision of comprehensive sex 
education through effective teaching of com-
prehensive sex education. 
(4) APPLICATION.—An eligible entity desiring a 
grant under this subsection shall submit an applica-
tion to the Secretary at such time, in such manner, 
and containing such information as the Secretary 
may require. 
(5) AUTHORIZED ACTIVITIES.— 
(A) REQUIRED
ACTIVITY.—Each eligible 
entity receiving a grant under this subsection 
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shall use grant funds to train targeted faculty 
and staff, in order to increase effective teaching 
of comprehensive sex education for elementary 
school and secondary school students. 
(B) PERMISSIBLE ACTIVITIES.—Each eligi-
ble entity receiving a grant under this sub-
section may use grant funds to— 
(i) strengthen and expand the eligible 
entity’s relationships with— 
(I) institutions of higher edu-
cation; 
(II) State educational agencies; 
(III) local educational agencies; 
or 
(IV) other public and private or-
ganizations with a commitment to 
comprehensive sex education and the 
benefits of comprehensive sex edu-
cation; 
(ii) support and promote research- 
based training of teachers of comprehen-
sive sex education and related disciplines 
in 
elementary 
schools 
and 
secondary 
schools as a means of broadening student 
knowledge about issues related to human 
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development, relationships, personal skills, 
sexual behavior, sexual health, and society 
and culture; 
(iii) support the dissemination of in-
formation on effective practices and re-
search findings concerning the teaching of 
comprehensive sex education; 
(iv) support research on— 
(I) effective comprehensive sex 
education teaching practices; and 
(II) the development of assess-
ment instruments and strategies to 
document— 
(aa) student understanding 
of comprehensive sex education; 
and 
(bb) the effects of com-
prehensive sex education; 
(v) convene national conferences on 
comprehensive sex education, in order to 
effectively train teachers in the provision of 
comprehensive sex education; and 
(vi) develop and disseminate appro-
priate research-based materials to foster 
comprehensive sex education. 
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(C) SUBGRANTS.—Each eligible entity re-
ceiving a grant under this subsection may 
award subgrants to nonprofit organizations, 
State educational agencies, or local educational 
agencies to enable such organizations or agen-
cies to— 
(i) train teachers in comprehensive 
sex education; 
(ii) support Internet or distance learn-
ing related to comprehensive sex education; 
(iii) promote rigorous academic stand-
ards and assessment techniques to guide 
and measure student performance in com-
prehensive sex education; 
(iv) encourage replication of best 
practices and model programs to promote 
comprehensive sex education; 
(v) develop and disseminate effective, 
research-based comprehensive sex edu-
cation learning materials; 
(vi) develop academic courses on the 
pedagogy of sex education at institutions 
of higher education; or 
(vii) convene State-based conferences 
to train teachers in comprehensive sex edu-
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cation and to identify strategies for im-
provement. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter for a period of 5 years, the Secretary shall 
prepare and submit to the appropriate committees of 
Congress a report on the activities to provide adoles-
cents and young people with comprehensive sex edu-
cation funded under this section. 
(2) REPORT ELEMENTS.—The report described 
in paragraph (1) shall include information about— 
(A) the number of eligible entities and in-
stitutions of higher education that are receiving 
grant funds under subsections (b) and (c); 
(B) the specific activities supported by 
grant funds awarded under subsections (b) and 
(c); 
(C) the number of adolescents served by 
grant programs funded under subsection (b); 
(D) the number of young people served by 
grant programs funded under subsection (c); 
and 
(E) the status of program evaluations de-
scribed under subsections (b) and (c). 
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(f) LIMITATION.—No Federal funds provided under 
this section may be used for health education programs 
that— 
(1) deliberately withhold life-saving information 
about HIV; 
(2) are medically inaccurate or have been sci-
entifically shown to be ineffective; 
(3) promote gender stereotypes; 
(4) are insensitive and unresponsive to the 
needs of sexually active youth or lesbian, gay, bisex-
ual, or transgender youth; or 
(5) are inconsistent with the ethical imperatives 
of medicine and public health. 
(g) DEFINITIONS.—In this section: 
(1) ESEA DEFINITIONS.—The terms ‘‘elemen-
tary school’’, ‘‘local educational agency’’, ‘‘secondary 
school’’, and ‘‘State educational agency’’ have the 
meanings given the terms in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(2) AGE
AND
DEVELOPMENTALLY
APPRO-
PRIATE.—The term ‘‘age and developmentally appro-
priate’’ means suitable for a particular age or age 
group of children and adolescents, based on devel-
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oping cognitive, emotional, and behavioral capacity 
typical for that age or age group. 
(3) ADOLESCENTS.—The term ‘‘adolescents’’ 
means individuals who are ages 10 through 19 at 
the time of commencement of participation in a pro-
gram supported under this section. 
(4) CHARACTERISTICS
OF
EFFECTIVE
PRO-
GRAMS.—The term ‘‘characteristics of effective pro-
grams’’ means the aspects of evidence-based pro-
grams, including development, content, and imple-
mentation of such programs, that— 
(A) have been shown to be effective in 
terms of increasing knowledge, clarifying values 
and attitudes, increasing skills, and impacting 
upon behavior; and 
(B) are widely recognized by leading med-
ical and public health agencies to be effective in 
changing sexual behaviors that lead to sexually 
transmitted infections, including HIV, unin-
tended pregnancy, and dating violence and sex-
ual assault among young people. 
(5) COMPREHENSIVE
SEX
EDUCATION.—The 
term ‘‘comprehensive sex education’’ means a pro-
gram that— 
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(A) includes age- and developmentally ap-
propriate, culturally and linguistically relevant 
information on a broad set of topics related to 
sexuality including human development, rela-
tionships, decisionmaking, communication, ab-
stinence, contraception, and disease and preg-
nancy prevention; 
(B) provides students with opportunities 
for developing skills as well as learning informa-
tion; 
(C) is inclusive of lesbian, gay, bisexual, 
transgender, and heterosexual young people; 
and 
(D) aims to— 
(i) provide scientifically accurate and 
realistic information about human sexu-
ality; 
(ii) provide opportunities for individ-
uals to understand their own, their fami-
lies’, and their communities’ values, atti-
tudes, and insights about sexuality; 
(iii) help individuals develop healthy 
relationships and interpersonal skills; and 
(iv) help individuals exercise responsi-
bility regarding sexual relationships, which 
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includes addressing abstinence, pressures 
to become prematurely involved in sexual 
intercourse, and the use of contraception 
and other sexual health measures. 
(6) EVIDENCE-BASED
PROGRAM.—The term 
‘‘evidence-based program’’ means a sex education 
program that has been proven through rigorous eval-
uation to be effective in changing sexual behavior or 
incorporates elements of other sex education pro-
grams that have been proven to be effective in 
changing sexual behavior. 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(8) MEDICALLY ACCURATE AND COMPLETE.— 
The term ‘‘medically accurate and complete’’, when 
used with respect to a sex education program, means 
that— 
(A) the information provided through the 
program is verified or supported by the weight 
of research conducted in compliance with ac-
cepted scientific methods and is published in 
peer-reviewed journals, where applicable; or 
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(B)(i) the program contains information 
that leading professional organizations and 
agencies with relevant expertise in the field rec-
ognize as accurate, objective, and complete; and 
(ii) the program does not withhold infor-
mation about the effectiveness and benefits of 
correct and consistent use of condoms and 
other contraceptives. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(10) YOUNG PEOPLE.—The term ‘‘young peo-
ple’’ means individuals who are ages 10 through 24 
at the time of commencement of participation in a 
program supported under this section. 
(h) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2013 
through 2017. 
SEC. 109. ELIMINATION OF ABSTINENCE-ONLY EDUCATION 
PROGRAM. 
(a) IN GENERAL.—Title V of the Social Security Act 
(42 U.S.C. 701 et seq.) is amended by striking section 
510. 
(b) RESCISSION.—Amounts appropriated for fiscal 
year 2012 under section 510(d) of the Social Security Act 
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(42 U.S.C. 710(d)) (as in effect on the day before the date 
of enactment of this Act) that are unobligated as of the 
date of enactment of this Act are rescinded. 
(c) REPROGRAM OF ELIMINATED ABSTINENCE-ONLY 
FUNDS FOR THE PERSONAL RESPONSIBILITY EDUCATION 
PROGRAM (PREP).—Section 513(f) of the Social Security 
Act (42 U.S.C. 713(f)) is amended by striking 
‘‘$75,000,000 for each of fiscal years 2010 through 2014’’ 
and inserting ‘‘$75,000,000 for each of fiscal years 2010 
and 2011, an amount for fiscal year 2012 equal to 
$75,000,000 increased by an amount equal to the unobli-
gated portion of funds appropriated for fiscal year 2012 
under section 510(d) that are rescinded under section 
109(b) of the Ending the HIV/AIDS Epidemic Act of 
2012, and $125,000,000 for each of fiscal years 2013 
through 2014’’. 
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TITLE II—ENDING STIGMA AND 
DISCRIMINATION 
THAT 
IN-
HIBIT ACCESS TO CARE AND 
MAKE PEOPLE MORE VUL-
NERABLE 
SEC. 201. REVIEW OF ALL FEDERAL AND STATE LAWS, 
POLICIES, AND REGULATIONS REGARDING 
THE CRIMINAL PROSECUTION OF INDIVID-
UALS FOR HIV-RELATED OFFENSES. 
(a) DEFINITIONS.— 
(1) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and 
‘‘HIV/AIDS’’ have the meanings given to such terms 
in section 2689 of the Public Health Service Act (42 
U.S.C. 300ff–88). 
(2) STATE.—The term ‘‘State’’ includes the 
District of Columbia, American Samoa, the Com-
monwealth of the Northern Mariana Islands, Guam, 
Puerto Rico, and the United States Virgin Islands. 
(b) SENSE OF CONGRESS REGARDING LAWS OR REG-
ULATIONS DIRECTED AT PEOPLE LIVING WITH HIV/ 
AIDS.—It is the sense of the Congress that Federal and 
State laws, policies, and regulations regarding people liv-
ing with HIV/AIDS— 
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(1) should not place unique or additional bur-
dens on such individuals solely as a result of their 
HIV status; and 
(2) should instead demonstrate a public health- 
oriented, evidence-based, medically accurate, and 
contemporary understanding of— 
(A) the multiple factors that lead to HIV 
transmission; 
(B) the relative risk of HIV transmission 
routes; 
(C) the current health implications of liv-
ing with HIV; 
(D) the associated benefits of treatment 
and support services for people living with HIV; 
and 
(E) the impact of punitive HIV-specific 
laws and policies on public health, on people liv-
ing with or affected by HIV, and on their fami-
lies and communities. 
(c) REVIEW OF ALL FEDERAL AND STATE LAWS, 
POLICIES, AND REGULATIONS REGARDING THE CRIMINAL 
PROSECUTION OF INDIVIDUALS FOR HIV-RELATED OF-
FENSES.— 
(1) REVIEW OF FEDERAL AND STATE LAWS.— 
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(A) IN GENERAL.—No later than 90 days 
after the date of the enactment of this Act, the 
Attorney General, the Secretary of Health and 
Human Services, and the Secretary of Defense 
acting jointly (in this paragraph and paragraph 
(2) referred to as the ‘‘designated officials’’) 
shall initiate a national review of Federal and 
State laws, policies, regulations, and judicial 
precedents and decisions regarding criminal and 
related civil commitment cases involving people 
living with HIV/AIDS, including in regards to 
the Uniform Code of Military Justice. 
(B) CONSULTATION.—In carrying out the 
review under subparagraph (A), the designated 
officials shall ensure diverse participation and 
consultation from each State, including with— 
(i) State attorneys general (or their 
representatives); 
(ii) State public health officials (or 
their representatives); 
(iii) State judicial and court system 
officers, including judges, district attor-
neys, prosecutors, defense attorneys, law 
enforcement, and correctional officers; 
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(iv) members of the United States 
Armed Forces, including members of other 
Federal services subject to the Uniform 
Code of Military Justice; 
(v) people living with HIV/AIDS, par-
ticularly those who have been subject to 
HIV-related prosecution or who are from 
communities whose members have been 
disproportionately subject to HIV-specific 
arrests and prosecutions; 
(vi) legal advocacy and HIV/AIDS 
service organizations that work with people 
living with HIV/AIDS; 
(vii) nongovernmental health organi-
zations that work on behalf of people living 
with HIV/AIDS; and 
(viii) trade organizations or associa-
tions representing persons or entities de-
scribed in clauses (i) through (vii). 
(C) RELATION
TO
OTHER
REVIEWS.—In 
carrying out the review under subparagraph 
(A), the designated officials may utilize other 
existing reviews of criminal and related civil 
commitment cases involving people living with 
HIV/AIDS, including any such review con-
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ducted by any Federal or State agency or any 
public health, legal advocacy, or trade organiza-
tion or association if the designated officials de-
termine that such reviews were conducted in ac-
cordance with the principles set forth in sub-
section (b). 
(2) REPORT.—No later than 180 days after ini-
tiating the review required by paragraph (1), the At-
torney General shall transmit to the Congress and 
make publicly available a report containing the re-
sults of the review, which includes the following: 
(A) For each State and for the Uniform 
Code of Military Justice, a summary of the rel-
evant laws, policies, regulations, and judicial 
precedents and decisions regarding criminal 
cases involving people living with HIV/AIDS, 
including, if applicable, the following: 
(i) A determination of whether such 
laws, policies, regulations, and judicial 
precedents and decisions place any unique 
or additional burdens upon people living 
with HIV/AIDS. 
(ii) A determination of whether such 
laws, policies, regulations, and judicial 
precedents and decisions demonstrate a 
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public 
health-oriented, 
evidence-based, 
medically accurate, and contemporary un-
derstanding of— 
(I) the multiple factors that lead 
to HIV transmission; 
(II) the relative risk of HIV 
transmission routes; 
(III) the current health implica-
tions of living with HIV; 
(IV) the associated benefits of 
treatment and support services for 
people living with HIV; and 
(V) the impact of punitive HIV- 
specific laws and policies on public 
health, on people living with or af-
fected by HIV, and on their families 
and communities. 
(iii) An analysis of the public health 
and legal implications of such laws, poli-
cies, regulations, and judicial precedents, 
including an analysis of the consequences 
of having a similar penal scheme applied to 
comparable situations involving other com-
municable diseases. 
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(iv) An analysis of the proportionality 
of punishments imposed under HIV-spe-
cific laws, policies, regulations, and judicial 
precedents, taking into consideration pen-
alties attached to violation of State laws 
against similar degrees of endangerment or 
harm, such as driving while intoxicated 
(DWI) or transmission of other commu-
nicable diseases, or more serious harms, 
such as vehicular manslaughter offenses. 
(B) An analysis of common elements 
shared among State laws, policies, regulations, 
and judicial precedents. 
(C) A set of best practice recommendations 
directed to State governments, including State 
attorneys general, public health officials, and 
judicial officers, in order to ensure that laws, 
policies, regulations, and judicial precedents re-
garding people living with HIV/AIDS are in ac-
cordance with the principles set forth in sub-
section (b). 
(D) Recommendations for adjustments to 
the Uniform Code of Military Justice, as may 
be necessary, in order to ensure that laws, poli-
cies, regulations, and judicial precedents re-
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garding people living with HIV/AIDS are in ac-
cordance with the principles set forth in sub-
section (b). 
(3) GUIDANCE.—Within 90 days of the release 
of the report required by paragraph (2), the Attor-
ney General and the Secretary of Health and 
Human Services, acting jointly, shall develop and 
publicly release updated guidance for States based 
on the set of best practice recommendations required 
by paragraph (2)(C) in order to assist States dealing 
with criminal and related civil commitment cases re-
garding people living with HIV/AIDS. 
(4) MONITORING AND EVALUATION SYSTEM.— 
Within 60 days of the release of the guidance re-
quired by paragraph (3), the Attorney General and 
the Secretary of Health and Human Services, acting 
jointly, shall establish an integrated monitoring and 
evaluation system which includes, where appropriate, 
objective and quantifiable performance goals and in-
dicators to measure progress toward statewide im-
plementation in each State of the best practice rec-
ommendations required in paragraph (2)(C), includ-
ing to monitor, track, and evaluate the effectiveness 
of assistance provided pursuant to subsection (d). 
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(5) ADJUSTMENTS TO FEDERAL LAWS, POLI-
CIES, OR REGULATIONS.—Within 90 days of the re-
lease of the report required by paragraph (2), the 
Attorney General, the Secretary of Health and 
Human Services, and the Secretary of Defense, act-
ing jointly, shall develop and transmit to the Presi-
dent and the Congress, and make publicly available, 
such proposals as may be necessary to implement 
adjustments to Federal laws, policies, or regulations, 
including to the Uniform Code of Military Justice, 
based on the recommendations required by para-
graph (2)(D), either through Executive order or 
through changes to statutory law. 
(6) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated such sums as may be necessary 
for the purpose of carrying out this subsection. 
Amounts authorized to be appropriated by the 
preceding sentence are in addition to amounts 
otherwise authorized to be appropriated for 
such purpose. 
(B) AVAILABILITY
OF
FUNDS.—Amounts 
appropriated pursuant to the authorization of 
appropriations in subparagraph (A) are author-
ized to remain available until expended. 
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(d) AUTHORIZATION TO PROVIDE GRANTS.— 
(1) GRANTS BY ATTORNEY GENERAL.— 
(A) IN GENERAL.—The Attorney General 
may provide assistance to eligible State and 
local entities and eligible nongovernmental orga-
nizations for the purpose of incorporating the 
best practice recommendations developed under 
subsection (c)(2)(C) within relevant State laws, 
policies, regulations, and judicial decisions re-
garding people living with HIV/AIDS. 
(B) AUTHORIZED ACTIVITIES.—The assist-
ance authorized by subparagraph (A) may in-
clude— 
(i) direct technical assistance to eligi-
ble State and local entities in order to de-
velop, disseminate, or implement State 
laws, policies, regulations, or judicial deci-
sions that conform with the best practice 
recommendations developed under sub-
section (c)(2)(C); 
(ii) direct technical assistance to eligi-
ble nongovernmental organizations in order 
to provide education and training, includ-
ing through classes, conferences, meetings, 
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and other educational activities, to eligible 
State and local entities; and 
(iii) subcontracting authority to allow 
eligible State and local entities and eligible 
nongovernmental organizations to seek 
technical assistance from legal and public 
health experts with a demonstrated under-
standing of the principles underlying the 
best practice recommendations developed 
under subsection (c)(2)(C). 
(2) GRANTS BY SECRETARY OF HHS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services, acting through the 
Director of the Centers for Disease Control and 
Prevention, may provide assistance to State and 
local public health departments and eligible 
nongovernmental organizations for the purpose 
of supporting eligible State and local entities to 
incorporate the best practice recommendations 
developed under subsection (c)(2)(C) within rel-
evant State laws, policies, regulations, and judi-
cial decisions regarding people living with HIV/ 
AIDS. 
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(B) AUTHORIZED ACTIVITIES.—The assist-
ance authorized by subparagraph (A) may in-
clude— 
(i) direct technical assistance to State 
and local public health departments in 
order to support the development, dissemi-
nation, or implementation of State laws, 
policies, regulations, or judicial decisions 
that conform with the set of best practice 
recommendations developed under sub-
section (c)(2)(C); 
(ii) direct technical assistance to eligi-
ble nongovernmental organizations in order 
to provide education and training, includ-
ing through classes, conferences, meetings, 
and other educational activities, to State 
and local public health departments; and 
(iii) subcontracting authority to allow 
State and local public health departments 
and eligible nongovernmental organizations 
to seek technical assistance from legal and 
public health experts with a demonstrated 
understanding of the principles underlying 
the best practice recommendations devel-
oped under subsection (c)(2)(C). 
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(3) LIMITATION.—As a condition of receiving 
assistance through this subsection, eligible State and 
local entities, State and local public health depart-
ments, and eligible nongovernmental organizations 
shall agree— 
(A) not to place any unique or additional 
burdens on people living with HIV/AIDS solely 
as a result of their HIV status; and 
(B) that if the entity, department, or orga-
nization promulgates any laws, policies, regula-
tions, or judicial decisions regarding people liv-
ing with HIV/AIDS, such actions shall dem-
onstrate a public health-oriented, evidence- 
based, medically accurate, and contemporary 
understanding of— 
(i) the multiple factors that lead to 
HIV transmission; 
(ii) the relative risk of HIV trans-
mission routes; 
(iii) the current health implications of 
living with HIV; 
(iv) the associated benefits of treat-
ment and support services for people living 
with HIV; and 
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(v) the impact of punitive HIV-spe-
cific laws and policies on public health, on 
people living with or affected by HIV, and 
on their families and communities. 
(4) REPORT.—No later than 1 year after the 
date of the enactment of this Act, and annually 
thereafter, the Attorney General and the Secretary 
of Health and Human Services, acting jointly, shall 
transmit to Congress and make publicly available a 
report describing, for each State, the impact and ef-
fectiveness of the assistance provided through this 
Act. Each such report shall include— 
(A) a detailed description of the progress 
each State has made, if any, in implementing 
the best practice recommendations developed 
under subsection (c)(2)(C) as a result of the as-
sistance provided under this subsection, and 
based on the performance goals and indicators 
established as part of the monitoring and eval-
uation system in subsection (c)(4); 
(B) a brief summary of any outreach ef-
forts undertaken during the prior year by the 
Attorney General and the Secretary of Health 
and Human Services to encourage States to 
seek assistance under this subsection in order 
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to implement the best practice recommenda-
tions developed under subsection (c)(2)(C); 
(C) a summary of how assistance provided 
through this subsection is being utilized by eli-
gible State and local entities, State and local 
public health departments, and eligible non-
governmental organizations and, if applicable, 
any contractors, including with respect to non-
governmental organizations, the type of tech-
nical assistance provided, and an evaluation of 
the impact of such assistance on eligible State 
and local entities; and 
(D) a summary and description of eligible 
State and local entities, State and local public 
health departments, and eligible nongovern-
mental 
organizations 
receiving 
assistance 
through this subsection, including if applicable, 
a summary and description of any contractors 
selected to assist in implementing such assist-
ance. 
(5) DEFINITIONS.—For the purposes of this 
subsection: 
(A) ELIGIBLE
STATE
AND
LOCAL
ENTI-
TIES.—The term ‘‘eligible State and local enti-
ties’’ means the relevant individuals, offices, or 
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organizations that directly participate in the de-
velopment, dissemination, or implementation of 
State laws, policies, regulations, or judicial deci-
sions, including— 
(i) State governments, including State 
attorneys general, State departments of 
justice, and State National Guards, or 
their equivalents; 
(ii) State judicial and court systems, 
including trial courts, appellate courts, 
State supreme courts and courts of appeal, 
and State correctional facilities, or their 
equivalents; and 
(iii) local governments, including city 
and county governments, district attorneys, 
and local law enforcement departments, or 
their equivalents. 
(B) STATE AND LOCAL PUBLIC HEALTH 
DEPARTMENTS.—The term ‘‘State and local 
public health departments’’ means the fol-
lowing: 
(i) State public health departments, or 
their equivalents, including the chief officer 
of such departments and infectious disease 
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and communicable disease specialists with-
in such departments. 
(ii) Local public health departments, 
or their equivalents, including city and 
county public health departments, the chief 
officer of such departments, and infectious 
disease and communicable disease special-
ists within such departments. 
(iii) Public health departments or offi-
cials, or their equivalents, within State or 
local correctional facilities. 
(iv) Public health departments or offi-
cials, or their equivalents, within State Na-
tional Guards. 
(v) Any other recognized State or 
local public health organization or entity 
charged with carrying out official State or 
local public health duties. 
(C) ELIGIBLE NONGOVERNMENTAL ORGA-
NIZATIONS.—The term ‘‘eligible nongovern-
mental organizations’’ means the following: 
(i) Nongovernmental organizations, 
including trade organizations or associa-
tions that represent— 
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(I) State attorneys general, or 
their equivalents; 
(II) State public health officials, 
or their equivalents; 
(III) State judicial and court offi-
cers, including judges, district attor-
neys, prosecutors, defense attorneys, 
law enforcement, and correctional offi-
cers; 
(IV) State National Guards; 
(V) people living with HIV/AIDS; 
(VI) legal advocacy and HIV/ 
AIDS service organizations that work 
with people living with HIV/AIDS; 
and 
(VII) nongovernmental health or-
ganizations that work on behalf of 
people living with HIV/AIDS. 
(ii) Nongovernmental organizations, 
including trade organizations or associa-
tions that demonstrate a public-health ori-
ented, evidence-based, medically accurate, 
and contemporary understanding of— 
(I) the multiple factors that lead 
to HIV transmission; 
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clause (iii), with respect to an eligible indi-
vidual who was subject to a suspension 
under subclause (I), on the date that such 
individual is released from a public institu-
tion the suspension of continuous eligibility 
under such subclause shall be lifted for a 
period that is equal to the time remaining 
in the period of continuous eligibility for 
such individual on the date that such pe-
riod was suspended under such subclause. 
‘‘(iii) EXCEPTION.—If a State makes 
a determination that an individual is not 
eligible to be enrolled under the State 
plan— 
‘‘(I) on or before the date that 
the suspension of continuous eligibility 
is lifted under clause (ii), such clause 
shall not apply to such individual; or 
‘‘(II) after such date, the State 
may terminate the enrollment of such 
individual. 
‘‘(D) AUTOMATIC ENROLLMENT OR REIN-
STATEMENT OF ENROLLMENT DEFINED.—For 
purposes of this paragraph, the term ‘automatic 
enrollment or reinstatement of enrollment’ 
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