100 
‘‘SEC. 2625. EARLY DIAGNOSIS GRANT PROGRAM. 
‘‘(a) IN GENERAL.—In the case of States whose laws 
or regulations are in accordance with subsection (b), the 
Secretary, acting through the Centers for Disease Control 
and Prevention, shall make grants to such States for the 
purposes described in subsection (c). 
‘‘(b) DESCRIPTION
OF COMPLIANT STATES.—For 
purposes of subsection (a), the laws or regulations of a 
State are in accordance with this subsection if, under such 
laws or regulations (including programs carried out pursu-
ant to the discretion of State officials), both of the policies 
described in paragraph (1) are in effect, or both of the 
policies described in paragraph (2) are in effect, as follows: 
‘‘(1)(A) Voluntary opt-out testing of pregnant 
women. 
‘‘(B) Universal testing of newborns. 
‘‘(2)(A) Voluntary opt-out testing of clients at 
sexually transmitted disease clinics. 
‘‘(B) Voluntary opt-out testing of clients at sub-
stance abuse treatment centers. 
The Secretary shall periodically ensure that the applicable 
policies are being carried out and recertify compliance. 
‘‘(c) USE OF FUNDS.—A State may use funds pro-
vided under subsection (a) for HIV/AIDS testing (includ-
ing rapid testing), prevention counseling, treatment of 
newborns exposed to HIV/AIDS, treatment of mothers in-
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101 
fected with HIV/AIDS, and costs associated with linking 
those diagnosed with HIV/AIDS to care and treatment for 
HIV/AIDS. 
‘‘(d) APPLICATION.—A State that is eligible for the 
grant under subsection (a) shall submit an application to 
the Secretary, in such form, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(e) LIMITATION ON AMOUNT OF GRANT.—A grant 
under subsection (a) to a State for a fiscal year may not 
be made in an amount exceeding $10,000,000. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to pre-empt State laws regarding 
HIV/AIDS counseling and testing. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘voluntary opt-out testing’ means 
HIV/AIDS testing— 
‘‘(A) that is administered to an individual 
seeking other health care services; and 
‘‘(B) in which— 
‘‘(i) pre-test counseling is not required 
but the individual is informed that the in-
dividual will receive an HIV/AIDS test and 
the individual may opt out of such testing; 
and 
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102 
‘‘(ii) for those individuals with a posi-
tive test result, post-test counseling (in-
cluding referrals for care) is provided and 
confidentiality is protected. 
‘‘(2) The term ‘universal testing of newborns’ 
means HIV/AIDS testing that is administered with-
in 48 hours of delivery to— 
‘‘(A) all infants born in the State; or 
‘‘(B) all infants born in the State whose 
mother’s HIV/AIDS status is unknown at the 
time of delivery. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—Of the 
funds appropriated annually to the Centers for Disease 
Control and Prevention for HIV/AIDS prevention activi-
ties, $30,000,000 shall be made available for each of the 
fiscal years 2007 through 2011 for grants under sub-
section (a), of which $20,000,000 shall be made available 
for grants to States with the policies described in sub-
section (b)(1), and $10,000,000 shall be made available 
for grants to States with the policies described in sub-
section (b)(2). Funds provided under this section are 
available until expended.’’. 
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103 
SEC. 210. CERTAIN PARTNER NOTIFICATION PROGRAMS; 
AUTHORIZATION OF APPROPRIATIONS. 
Section 2631(d) of the Public Health Service Act (42 
U.S.C. 300ff–38(d)) is amended by striking ‘‘there are’’ 
and all that follows and inserting the following: ‘‘there is 
authorized to be appropriated $10,000,000 for each of the 
fiscal years 2007 through 2011.’’. 
TITLE III—EARLY 
INTERVENTION SERVICES 
SEC. 301. ESTABLISHMENT OF PROGRAM; CORE MEDICAL 
SERVICES. 
(a) IN GENERAL.—Section 2651 of the Public Health 
Service Act (42 U.S.C. 300ff–51) is amended to read as 
follows: 
‘‘SEC. 2651. ESTABLISHMENT OF A PROGRAM. 
‘‘(a) IN GENERAL.—For the purposes described in 
subsection (b), the Secretary, acting through the Adminis-
trator of the Health Resources and Services Administra-
tion, may make grants to public and nonprofit private en-
tities specified in section 2652(a). 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary may not 
make a grant under subsection (a) unless the appli-
cant for the grant agrees to expend the grant only 
for— 
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104 
‘‘(A) core medical services described in 
subsection (c); 
‘‘(B) support services described in sub-
section (d); and 
‘‘(C) administrative expenses as described 
in section 2664(g)(3). 
‘‘(2) EARLY INTERVENTION SERVICES.—An ap-
plicant for a grant under subsection (a) shall expend 
not less than 50 percent of the amount received 
under the grant for the services described in sub-
paragraphs (B) through (E) of subsection (e)(1) for 
individuals with HIV/AIDS. 
‘‘(c) REQUIRED FUNDING FOR CORE MEDICAL SERV-
ICES.— 
‘‘(1) IN GENERAL.—With respect to a grant 
under subsection (a) to an applicant for a fiscal 
year, the applicant shall, of the portion of the grant 
remaining after reserving amounts for purposes of 
paragraphs (3) and (5) of section 2664(g), use not 
less than 75 percent to provide core medical services 
that are needed in the area involved for individuals 
with HIV/AIDS who are identified and eligible 
under this title (including services regarding the co- 
occurring conditions of the individuals). 
‘‘(2) WAIVER.— 
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105 
‘‘(A) The Secretary shall waive the applica-
tion of paragraph (1) with respect to an appli-
cant for a grant if the Secretary determines 
that, within the service area of the applicant— 
‘‘(i) there are no waiting lists for 
AIDS Drug Assistance Program services 
under section 2616; and 
‘‘(ii) core medical services are avail-
able to all individuals with HIV/AIDS 
identified and eligible under this title. 
‘‘(B) NOTIFICATION OF WAIVER STATUS.— 
When informing an applicant that a grant 
under subsection (a) is being made for a fiscal 
year, the Secretary shall inform the applicant 
whether a waiver under subparagraph (A) is in 
effect for the fiscal year. 
‘‘(3) CORE MEDICAL SERVICES.—For purposes 
of this subsection, the term ‘core medical services’, 
with respect to an individual with HIV/AIDS (in-
cluding the co-occurring conditions of the individual) 
means the following services: 
‘‘(A) Outpatient and ambulatory health 
services. 
‘‘(B) AIDS Drug Assistance Program 
treatments under section 2616. 
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106 
‘‘(C) AIDS pharmaceutical assistance. 
‘‘(D) Oral health care. 
‘‘(E) Early intervention services described 
in subsection (e). 
‘‘(F) Health insurance premium and cost 
sharing assistance for low-income individuals in 
accordance with section 2615. 
‘‘(G) Home health care. 
‘‘(H) Medical nutrition therapy. 
‘‘(I) Hospice services. 
‘‘(J) Home and community-based health 
services as defined under section 2614(c). 
‘‘(K) Mental health services. 
‘‘(L) Substance abuse outpatient care. 
‘‘(M) Medical case management, including 
treatment adherence services. 
‘‘(d) SUPPORT SERVICES.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘support services’ means services, sub-
ject to the approval of the Secretary, that are need-
ed for individuals with HIV/AIDS to achieve their 
medical outcomes (such as respite care for persons 
caring for individuals with HIV/AIDS, outreach 
services, medical transportation, linguistic services, 
and referrals for health care and support services). 
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107 
‘‘(2) DEFINITION OF MEDICAL OUTCOMES.—In 
this section, the term ‘medical outcomes’ means 
those outcomes affecting the HIV-related clinical 
status of an individual with HIV/AIDS. 
‘‘(e) SPECIFICATION
OF
EARLY
INTERVENTION 
SERVICES.— 
‘‘(1) IN GENERAL.—The early intervention serv-
ices referred to in this section are— 
‘‘(A) counseling individuals with respect to 
HIV/AIDS in accordance with section 2662; 
‘‘(B) testing individuals with respect to 
HIV/AIDS, including tests to confirm the pres-
ence of the disease, tests to diagnose the extent 
of the deficiency in the immune system, and 
tests to provide information on appropriate 
therapeutic measures for preventing and treat-
ing the deterioration of the immune system and 
for preventing and treating conditions arising 
from HIV/AIDS; 
‘‘(C) referrals described in paragraph (2); 
‘‘(D) other clinical and diagnostic services 
regarding HIV/AIDS, and periodic medical 
evaluations of individuals with HIV/AIDS; and 
‘‘(E) providing the therapeutic measures 
described in subparagraph (B). 
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108 
‘‘(2) REFERRALS.—The services referred to in 
paragraph (1)(C) are referrals of individuals with 
HIV/AIDS to appropriate providers of health and 
support services, including, as appropriate— 
‘‘(A) to entities receiving amounts under 
part A or B for the provision of such services; 
‘‘(B) to biomedical research facilities of in-
stitutions of higher education that offer experi-
mental treatment for such disease, or to com-
munity-based organizations or other entities 
that provide such treatment; or 
‘‘(C) to grantees under section 2671, in 
the case of a pregnant woman. 
‘‘(3) REQUIREMENT OF AVAILABILITY OF ALL 
EARLY
INTERVENTION
SERVICES
THROUGH
EACH 
GRANTEE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not make a grant under subsection (a) unless 
the applicant for the grant agrees that each of 
the early intervention services specified in para-
graph (2) will be available through the grantee. 
With respect to compliance with such agree-
ment, such a grantee may expend the grant to 
provide the early intervention services directly, 
and may expend the grant to enter into agree-
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109 
ments with public or nonprofit private entities, 
or private for-profit entities if such entities are 
the only available provider of quality HIV care 
in the area, under which the entities provide the 
services. 
‘‘(B) OTHER
REQUIREMENTS.—Grantees 
described in— 
‘‘(i) subparagraphs (A), (D), (E), and 
(F) of section 2652(a)(1) shall use not less 
than 50 percent of the amount of such a 
grant to provide the services described in 
subparagraphs (A), (B), (D), and (E) of 
paragraph (1) directly and on-site or at 
sites where other primary care services are 
rendered; and 
‘‘(ii) subparagraphs (B) and (C) of 
section 2652(a)(1) shall ensure the avail-
ability 
of 
early 
intervention 
services 
through a system of linkages to commu-
nity-based primary care providers, and to 
establish mechanisms for the referrals de-
scribed in paragraph (1)(C), and for fol-
low-up concerning such referrals.’’. 
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110 
(b) ADMINISTRATIVE EXPENSES; CLINICAL QUALITY 
MANAGEMENT PROGRAM.—Section 2664(g) of the Public 
Health Service Act (42 U.S.C. 300ff–64(g)) is amended— 
(1) in paragraph (3), by amending the para-
graph to read as follows: 
‘‘(3) the applicant will not expend more than 10 
percent of the grant for administrative expenses with 
respect to the grant, including planning and evalua-
tion, except that the costs of a clinical quality man-
agement program under paragraph (5) may not be 
considered administrative expenses for purposes of 
such limitation;’’; and 
(2) in paragraph (5), by inserting ‘‘clinical’’ be-
fore ‘‘quality management’’. 
SEC. 302. ELIGIBLE ENTITIES; PREFERENCES; PLANNING 
AND DEVELOPMENT GRANTS. 
(a) MINIMUM QUALIFICATION OF GRANTEES.—Sec-
tion 2652(a) of the Public Health Service Act (42 U.S.C. 
300ff–52(a)) is amended to read as follows: 
‘‘(a) ELIGIBLE ENTITIES.— 
‘‘(1) IN GENERAL.—The entities referred to in 
section 2651(a) are public entities and nonprofit pri-
vate entities that are— 
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111 
‘‘(A) 
federally-qualified 
health 
centers 
under section 1905(l)(2)(B) of the Social Secu-
rity Act; 
‘‘(B) grantees under section 1001 (regard-
ing family planning) other than States; 
‘‘(C) comprehensive hemophilia diagnostic 
and treatment centers; 
‘‘(D) rural health clinics; 
‘‘(E) health facilities operated by or pursu-
ant to a contract with the Indian Health Serv-
ice; 
‘‘(F) community-based organizations, clin-
ics, hospitals and other health facilities that 
provide early intervention services to those per-
sons infected with HIV/AIDS through intra-
venous drug use; or 
‘‘(G) nonprofit private entities that provide 
comprehensive primary care services to popu-
lations at risk of HIV/AIDS, including faith- 
based and community-based organizations. 
‘‘(2) UNDERSERVED
POPULATIONS.—Entities 
described in paragraph (1) shall serve underserved 
populations which may include minority populations 
and Native American populations, ex-offenders, indi-
viduals with comorbidities including hepatitis B or 
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112 
C, mental illness, or substance abuse, low-income 
populations, inner city populations, and rural popu-
lations.’’. 
(b) PREFERENCES
IN MAKING GRANTS.—Section 
2653 of the Public Health Service Act (42 U.S.C. 300ff– 
53) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ac-
quired immune deficiency syndrome’’ and in-
serting ‘‘HIV/AIDS’’; and 
(B) in subparagraph (D), by inserting be-
fore the semicolon the following: ‘‘and the num-
ber of cases of individuals co-infected with HIV/ 
AIDS and hepatitis B or C’’; and 
(2) in subsection (d)(2), by striking ‘‘special 
consideration’’ and inserting ‘‘preference’’. 
(c) PLANNING AND DEVELOPMENT GRANTS.—Sec-
tion 2654(c) of the Public Health Service Act (42 U.S.C. 
300ff–54(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘HIV’’; and 
(B) in subparagraph (B), by striking 
‘‘HIV’’ and inserting ‘‘HIV/AIDS’’; and 
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113 
(2) in paragraph (3), by striking ‘‘or under-
served communities’’ and inserting ‘‘areas or to un-
derserved populations’’. 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 
Section 2655 of the Public Health Service Act (42 
U.S.C. 300ff–55) is amended by striking ‘‘such sums’’ and 
all that follows through ‘‘2005’’ and inserting ‘‘, 
$218,600,000 for fiscal year 2007, $226,700,000 for fis-
cal year 2008, $235,100,000 for fiscal year 2009, 
$243,800,000 for fiscal year 2010, and $252,800,000 for 
fiscal year 2011’’. 
SEC. 304. CONFIDENTIALITY AND INFORMED CONSENT. 
Section 2661 of the Public Health Service Act (42 
U.S.C. 300ff–61) is amended to read as follows: 
‘‘SEC. 2661. CONFIDENTIALITY AND INFORMED CONSENT. 
‘‘(a) CONFIDENTIALITY.—The Secretary may not 
make a grant under this part unless, in the case of any 
entity applying for a grant under section 2651, the entity 
agrees to ensure that information regarding the receipt 
of early intervention services pursuant to the grant is 
maintained confidentially in a manner not inconsistent 
with applicable law. 
‘‘(b) INFORMED CONSENT.—The Secretary may not 
make a grant under this part unless the applicant for the 
grant agrees that, in testing an individual for HIV/AIDS, 
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114 
the applicant will test an individual only after the indi-
vidual confirms that the decision of the individual with re-
spect to undergoing such testing is voluntarily made.’’. 
SEC. 305. PROVISION OF CERTAIN COUNSELING SERVICES. 
Section 2662 of the Public Health Service Act (42 
U.S.C. 300ff–62) is amended to read as follows: 
‘‘SEC. 2662. PROVISION OF CERTAIN COUNSELING SERV-
ICES. 
‘‘(a) COUNSELING OF INDIVIDUALS WITH NEGATIVE 
TEST RESULTS.—The Secretary may not make a grant 
under this part unless the applicant for the grant agrees 
that, if the results of testing conducted for HIV/AIDS in-
dicate that an individual does not have such condition, the 
applicant will provide the individual information, includ-
ing— 
‘‘(1) measures for prevention of, exposure to, 
and transmission of HIV/AIDS, hepatitis B, hepa-
titis C, and other sexually transmitted diseases; 
‘‘(2) the accuracy and reliability of results of 
testing for HIV/AIDS, hepatitis B, and hepatitis C; 
‘‘(3) the significance of the results of such test-
ing, including the potential for developing AIDS, 
hepatitis B, or hepatitis C; 
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115 
‘‘(4) the appropriateness of further counseling, 
testing, and education of the individual regarding 
HIV/AIDS and other sexually transmitted diseases; 
‘‘(5) if diagnosed with chronic hepatitis B or 
hepatitis C co-infection, the potential of developing 
hepatitis-related liver disease and its impact on HIV/ 
AIDS; and 
‘‘(6) information regarding the availability of 
hepatitis B vaccine and information about hepatitis 
treatments. 
‘‘(b) COUNSELING OF INDIVIDUALS WITH POSITIVE 
TEST RESULTS.—The Secretary may not make a grant 
under this part unless the applicant for the grant agrees 
that, if the results of testing for HIV/AIDS indicate that 
the individual has such condition, the applicant will pro-
vide to the individual appropriate counseling regarding the 
condition, including— 
‘‘(1) information regarding— 
‘‘(A) measures for prevention of, exposure 
to, and transmission of HIV/AIDS, hepatitis B, 
and hepatitis C; 
‘‘(B) the accuracy and reliability of results 
of testing for HIV/AIDS, hepatitis B, and hep-
atitis C; and 
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116 
‘‘(C) the significance of the results of such 
testing, including the potential for developing 
AIDS, hepatitis B, or hepatitis C; 
‘‘(2) reviewing the appropriateness of further 
counseling, testing, and education of the individual 
regarding HIV/AIDS and other sexually transmitted 
diseases; and 
‘‘(3) providing counseling— 
‘‘(A) on the availability, through the appli-
cant, of early intervention services; 
‘‘(B) on the availability in the geographic 
area of appropriate health care, mental health 
care, and social and support services, including 
providing referrals for such services, as appro-
priate; 
‘‘(C)(i) that explains the benefits of locat-
ing and counseling any individual by whom the 
infected individual may have been exposed to 
HIV/AIDS, hepatitis B, or hepatitis C and any 
individual whom the infected individual may 
have exposed to HIV/AIDS, hepatitis B, or hep-
atitis C; and 
‘‘(ii) that emphasizes it is the duty of in-
fected individuals to disclose their infected sta-
tus to their sexual partners and their partners 
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117 
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/AIDS, hepatitis B, or 
hepatitis C; and 
‘‘(D) on the availability of the services of 
public health authorities with respect to locat-
ing and counseling any individual described in 
subparagraph (C); 
‘‘(4) if diagnosed with chronic hepatitis B or 
hepatitis C co-infection, the potential of developing 
hepatitis-related liver disease and its impact on HIV/ 
AIDS; and 
‘‘(5) information regarding the availability of 
hepatitis B vaccine. 
‘‘(c) ADDITIONAL REQUIREMENTS REGARDING AP-
PROPRIATE COUNSELING.—The Secretary may not make 
a grant under this part unless the applicant for the grant 
agrees that, in counseling individuals with respect to HIV/ 
AIDS, the applicant will ensure that the counseling is pro-
vided under conditions appropriate to the needs of the in-
dividuals. 
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