‘‘(B) give special consideration to minority 
capacity staff building which reflects the target 
population. 
‘‘(4) ELIGIBILITY.—To be eligible to receive a 
grant under this section, an entity shall— 
‘‘(A) be a nonprofit private entity; 
‘‘(B) be located, or apply for the grant in 
partnership with an entity that is located, in 
one of the 10 States and territories with the 
highest concentration of people living with HIV/ 
AIDS, as determined by the Centers for Dis-
ease Control and Prevention; and 
‘‘(C) be located, or apply for the grant in 
partnership with an entity that is located, in a 
community in which racial and ethnic minorities 
comprise a majority of the population, as identi-
fied by United States census data. 
‘‘(5) DISTRIBUTION
OF
GRANTS.—The Sec-
retary shall award grants under this subsection for 
HIV/AIDS services in not less than 5 of the States 
and territories described in paragraph (4)(B). 
‘‘(6) PREFERENCE.—In awarding grants under 
this subsection, the Secretary shall give preference 
to eligible entities that demonstrate each of the fol-
lowing: 
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‘‘(A) The eligible entity is located (and not 
merely in partnership with another entity that 
is located) in a State or territory described in 
paragraph (4)(B) and a community described in 
paragraph (4)(C). 
‘‘(B) In providing HIV/AIDS services 
through the grant, the eligible entity will part-
ner with one or more local entities in the com-
munity to be served. 
‘‘(C) The eligible entity will use the grant 
to provide innovative approaches to HIV test-
ing, prevention, and treatment. 
‘‘(D) The staff of the eligible entity reflects 
the community to be served. 
‘‘(E) The members of the governing body 
of the eligible entity are representative of the 
community to be served.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than January 1, 
2009, the Secretary of Human and Health Services 
shall submit a report to the Congress describing the 
status of the HIV/AIDS epidemic across the Nation. 
(2) CONTENTS.—The report submitted under 
this subsection shall— 
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(A) give special emphasis to the 10 States 
and territories with the highest concentration of 
people living with HIV/AIDS, as determined by 
the Centers for Disease Control and Prevention; 
(B) include the comments submitted pur-
suant to paragraph (3); 
(C) analyze the effectiveness of the grant 
program established under section 2693(d) of 
the Public Health Service Act, as added by sub-
section (a); and 
(D) recommend any appropriate changes 
for improving such program. 
(3) COMMENTS.—In preparing the report re-
quired by this subsection, the Secretary shall solicit 
comments from the general public and each entity 
receiving a grant under section 2693(d) of the Pub-
lic Health Service Act, as added by subsection (a). 
SEC. 4. TEMPORARY EXTENSION OF MINORITY HIV/AIDS 
INITIATIVES FUNDING. 
The Secretary of Health and Human Services shall 
continue to fund grants awarded through the Minority 
HIV/AIDS Initiatives of the Health Resources and Serv-
ices Administration, as in effect on the day before the date 
of the enactment of the Ryan White HIV/AIDS Treatment 
Modernization Act of 2006 (Pub. L. 109–415), until the 
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Secretary begins to provide funds to entities through sec-
tion 2693 of the Public Health Service Act (42 U.S.C. 
300ff–121), as added by the Ryan White HIV/AIDS 
Treatment Modernization Act of 2006. 
SEC. 5. EXEMPTION FROM MEDICAID TERRITORIAL FUND-
ING LIMITATION FOR MEDICAL ASSISTANCE 
FOR INDIVIDUALS WITH HIV/AIDS. 
(a) IN GENERAL.—Section 1108(g) of the Social Se-
curity Act (42 U.S.C. 1308(g)) is amended by adding at 
the end the following: 
‘‘(4) DISREGARDING MEDICAL ASSISTANCE CAP 
FOR INDIVIDUALS WITH HIV/AIDS.—Funding limita-
tions under this subsection and subsection (f) shall 
not apply to amounts expended for medical assist-
ance for individuals with HIV/AIDS (as defined in 
section 2688(7) of the Public Health Service Act).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to fiscal years beginning with 
fiscal year 2007. 
Æ 
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