Ryan White HIV/AIDS Treatment Extension Act of 2009
PL 111-87 (S.1793), enacted 10/30/2009

123 STAT. 2885 
PUBLIC LAW 111–87—OCT. 30, 2009 
Public Law 111–87 
111th Congress 
An Act 
To amend title XXVI of the Public Health Service Act to revise and extend the 
program for providing life-saving care for those with HIV/AIDS. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Ryan White 
HIV/AIDS Treatment Extension Act of 2009’’. 
(b) REFERENCES.—Except as otherwise specified, whenever in 
this Act an amendment is expressed in terms of an amendment 
to a section or other provision, the reference shall be considered 
to be made to a section or other provision of the Public Health 
Service Act (42 U.S.C. 201 et seq.). 
SEC. 2. REAUTHORIZATION OF HIV HEALTH CARE SERVICES PRO-
GRAM. 
(a) ELIMINATION OF SUNSET PROVISION.— 
(1) IN GENERAL.—The Ryan White HIV/AIDS Treatment 
Modernization Act of 2006 (Public Law 109–415; 120 Stat. 
2767) is amended by striking section 703. 
(2) EFFECTIVE DATE.—Paragraph (1) shall take effect as 
if enacted on September 30, 2009. 
(3) CONTINGENCY
PROVISIONS.—Notwithstanding section 
703 of the Ryan White HIV/AIDS Treatment Modernization 
Act of 2006 (Public Law 109–415; 120 Stat. 2767) and section 
139 of the Continuing Appropriations Resolution, 2010— 
(A) the provisions of title XXVI of the Public Health 
Service Act (42 U.S.C. 300ff et seq.), as in effect on Sep-
tember 30, 2009, are hereby revived; and 
(B) the amendments made by this Act to title XXVI 
of the Public Health Service Act (42 U.S.C. 300ff et seq.) 
shall apply to such title as so revived and shall take effect 
as if enacted on September 30, 2009. 
(b) PART A GRANTS.—Section 2610(a) (42 U.S.C. 300ff–20(a)) 
is amended by striking ‘‘and $649,500,000 for fiscal year 2009’’ 
and inserting ‘‘$649,500,000 for fiscal year 2009, $681,975,000 for 
fiscal year 2010, $716,074,000 for fiscal year 2011, $751,877,000 
for fiscal year 2012, and $789,471,000 for fiscal year 2013’’. 
(c) PART B GRANTS.—Section 2623(a) (42 U.S.C. 300ff–32(a)) 
is amended by striking ‘‘and $1,285,200,000 for fiscal year 2009’’ 
and inserting ‘‘$1,285,200,000 for fiscal year 2009, $1,349,460,000 
for fiscal year 2010, $1,416,933,000 for fiscal year 2011, 
$1,487,780,000 for fiscal year 2012, and $1,562,169,000 for fiscal 
year 2013’’. 
42 USC 
300ff–31b. 
Applicability. 
42 USC 300ff–11 
note. 
42 USC 300ff–11 
note. 
42 USC 300ff–11 
et seq and note. 
42 USC 201 note. 
Ryan White HIV/ 
AIDS Treatment 
Extension Act of 
2009. 
Oct. 30, 2009 
[S. 1793] 
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123 STAT. 2886 
PUBLIC LAW 111–87—OCT. 30, 2009 
(d) PART C GRANTS.—Section 2655 (42 U.S.C. 300ff–55) is 
amended by striking ‘‘and $235,100,000 for fiscal year 2009’’ and 
inserting ‘‘$235,100,000 for fiscal year 2009, $246,855,000 for fiscal 
year 2010, $259,198,000 for fiscal year 2011, $272,158,000 for fiscal 
year 2012, and $285,766,000 for fiscal year 2013’’. 
(e) PART D GRANTS.—Section 2671(i) (42 U.S.C. 300ff–71(i)) 
is amended by inserting before the period at the end ‘‘, $75,390,000 
for fiscal year 2010, $79,160,000 for fiscal year 2011, $83,117,000 
for fiscal year 2012, and $87,273,000 for fiscal year 2013’’. 
(f) DEMONSTRATION AND TRAINING GRANTS UNDER PART F.— 
(1) HIV/AIDS COMMUNITIES, SCHOOLS, AND CENTERS.—Sec-
tion 2692(c) (42 U.S.C. 300ff–111(c)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘is authorized’’ and inserting ‘‘are 
authorized’’; and 
(ii) by inserting before the period at the end ‘‘, 
$36,535,000 for fiscal year 2010, $38,257,000 for fiscal 
year 2011, $40,170,000 for fiscal year 2012, and 
$42,178,000 for fiscal year 2013’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘is authorized’’ and inserting ‘‘are 
authorized’’; and 
(ii) by inserting before the period at the end ‘‘, 
$13,650,000 for fiscal year 2010, $14,333,000 for fiscal 
year 2011, $15,049,000 for fiscal year 2012, and 
$15,802,000 for fiscal year 2013’’. 
(2) MINORITY
AIDS
INITIATIVE.—Section 2693 (42 U.S.C. 
300ff–121) is amended— 
(A) in subsection (a), by striking ‘‘and $139,100,000 
for fiscal year 2009.’’ and inserting ‘‘$139,100,000 for fiscal 
year 2009, $146,055,000 for fiscal year 2010, $153,358,000 
for fiscal year 2011, $161,026,000 for fiscal year 2012, 
and $169,077,000 for fiscal year 2013. The Secretary shall 
develop a formula for the awarding of grants under sub-
sections (b)(1)(A) and (b)(1)(B) that ensures that funding 
is provided based on the distribution of populations dis-
proportionately impacted by HIV/AIDS.’’; 
(B) in subsection (b)(2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘competitive,’’; and 
(II) by adding at the end the following: 
‘‘(iv) For fiscal year 2010, $46,738,000. 
‘‘(v) For fiscal year 2011, $49,075,000. 
‘‘(vi) For fiscal year 2012, $51,528,000. 
‘‘(vii) For fiscal year 2013, $54,105,000.’’; 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause (i), by 
striking ‘‘competitive’’; and 
(II) by adding at the end the following: 
‘‘(iv) For fiscal year 2010, $8,763,000. 
‘‘(v) For fiscal year 2011, $9,202,000. 
‘‘(vi) For fiscal year 2012, $9,662,000. 
‘‘(vii) For fiscal year 2013, $10,145,000.’’; 
(iii) in subparagraph (C), by adding at the end 
the following: 
‘‘(iv) For fiscal year 2010, $61,343,000. 
Grants. 
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123 STAT. 2887 
PUBLIC LAW 111–87—OCT. 30, 2009 
‘‘(v) For fiscal year 2011, $64,410,000. 
‘‘(vi) For fiscal year 2012, $67,631,000. 
‘‘(vii) For fiscal year 2013, $71,012,000.’’; 
(iv) in subparagraph (D), by striking ‘‘$18,500,000’’ 
and all that follows through the period and inserting 
the following: ‘‘the following, as applicable: 
‘‘(i) For fiscal year 2010, $20,448,000. 
‘‘(ii) For fiscal year 2011, $21,470,000. 
‘‘(iii) For fiscal year 2012, $22,543,000. 
‘‘(iv) For fiscal year 2013, $23,671,000.’’; and 
(v) in subparagraph (E), by striking ‘‘$8,500,000’’ 
and all that follows through the period and inserting 
the following: ‘‘the following, as applicable: 
‘‘(i) For fiscal year 2010, $8,763,000. 
‘‘(ii) For fiscal year 2011, $9,201,000. 
‘‘(iii) For fiscal year 2012, $9,662,000. 
‘‘(iv) For fiscal year 2013, $10,144,000.’’; and 
(C) by adding at the end the following: 
‘‘(d) SYNCHRONIZATION
OF MINORITY AIDS INITIATIVE.—For 
fiscal year 2010 and each subsequent fiscal year, the Secretary 
shall incorporate and synchronize the schedule of application 
submissions and funding availability under this section with the 
schedule of application submissions and funding availability under 
the corresponding provisions of this title XXVI as follows: 
‘‘(1) The schedule for carrying out subsection (b)(1)(A) shall 
be the same as the schedule applicable to emergency assistance 
under part A. 
‘‘(2) The schedule for carrying out subsection (b)(1)(B) shall 
be the same as the schedule applicable to care grants under 
part B. 
‘‘(3) The schedule for carrying out subsection (b)(1)(C) shall 
be the same as the schedule applicable to grants for early 
intervention services under part C. 
‘‘(4) The schedule for carrying out subsection (b)(1)(D) shall 
be the same as the schedule applicable to grants for services 
through projects for HIV-related care under part D. 
‘‘(5) The schedule for carrying out subsection (b)(1)(E) shall 
be the same as the schedule applicable to grants and contracts 
for activities through education and training centers under 
section 2692.’’. 
(3) HHS REPORT.—Not later than 6 months after the 
publication of the Government Accountability Office Report on 
the Minority Aids Initiative described in section 2686, the Sec-
retary of Health and Human Services shall submit to the appro-
priate committees of Congress a Departmental plan for using 
funding under section 2693 of the Public Health Service Act 
(42 U.S.C. 300ff–93) in all relevant agencies to build capacity, 
taking into consideration the best practices included in such 
Report. 
(g) GAO REPORT.—Section 2686 (42 U.S.C. 300ff–86) is 
amended to read as follows: 
‘‘SEC. 2686. GAO REPORT. 
‘‘The Comptroller General of the Government Accountability 
Office shall, not less than 1 year after the date of enactment 
of the Ryan White HIV/AIDS Treatment Extension Act of 2009, 
submit to the appropriate committees of Congress a report 
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123 STAT. 2888 
PUBLIC LAW 111–87—OCT. 30, 2009 
describing Minority AIDS Initiative activities across the Depart-
ment of Health and Human Services, including programs under 
this title and programs at the Centers for Disease Control and 
Prevention, the Substance Abuse and Mental Health Services 
Administration, and other departmental agencies. Such report shall 
include a history of program activities within each relevant agency 
and a description of activities conducted, people served and types 
of grantees funded, and shall collect and describe best practices 
in community outreach and capacity-building of community based 
organizations serving the communities that are disproportionately 
affected by HIV/AIDS.’’. 
SEC. 
3. 
EXTENDED 
EXEMPTION 
PERIOD 
FOR 
NAMES-BASED 
REPORTING. 
(a) PART A GRANTS.—Section 2603(a)(3) (42 U.S.C. 300ff– 
13(a)(3)) is amended— 
(1) in subparagraph (C)— 
(A) in clause (ii)— 
(i) in the matter preceding subclause (I), by 
striking ‘‘2009’’ and inserting ‘‘2012’’; and 
(ii) in subclause (II), by striking ‘‘or 2009’’ and 
inserting ‘‘or a subsequent fiscal year through fiscal 
year 2012’’; 
(B) in clause (iv), by striking ‘‘2010’’ and inserting 
‘‘2012’’; 
(C) in clause (v), by inserting ‘‘or a subsequent fiscal 
year’’ after ‘‘2009’’; 
(D) in clause (vi)(II), by inserting after ‘‘5 percent’’ 
the following: ‘‘for fiscal years before fiscal year 2012 (and 
6 percent for fiscal year 2012)’’; 
(E) in clause (ix)(II)— 
(i) by striking ‘‘2010’’ and inserting ‘‘2013’’; and 
(ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; and 
(F) by adding at the end the following: 
‘‘(xi) FUTURE FISCAL YEARS.—For fiscal years begin-
ning with fiscal year 2013, determinations under this 
paragraph shall be based only on living names-based 
cases of HIV/AIDS with respect to the area involved.’’; 
and 
(2) in subparagraph (D)— 
(A) in clause (i)— 
(i) in the matter preceding subclause (I), by 
striking ‘‘2009’’ and inserting ‘‘2012’’; and 
(ii) in subclause (II), by striking ‘‘and 2009’’ and 
inserting ‘‘through 2012’’; and 
(B) in clause (ii), by striking ‘‘2009’’ and inserting 
‘‘2012’’. 
(b) PART B GRANTS.—Section 2618(a)(2) (42 U.S.C. 300ff– 
28(a)(2)) is amended— 
(1) in subparagraph (D)— 
(A) in clause (ii)— 
(i) in the matter preceding subclause (I), by 
striking ‘‘2009’’ and inserting ‘‘2012’’; and 
(ii) in subclause (II), by striking ‘‘or 2009’’ and 
inserting ‘‘or a subsequent fiscal year through fiscal 
year 2012’’; 
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123 STAT. 2889 
PUBLIC LAW 111–87—OCT. 30, 2009 
(B) in clause (iv), by striking ‘‘2010’’ and inserting 
‘‘2012’’; 
(C) in clause (v), by inserting ‘‘or a subsequent fiscal 
year’’ after ‘‘2009’’; 
(D) in clause (vi)(II), by inserting after ‘‘5 percent’’ 
the following: ‘‘for fiscal years before fiscal year 2012 (and 
6 percent for fiscal year 2012)’’; 
(E) in clause (viii)(II)— 
(i) by striking ‘‘2010’’ and inserting ‘‘2013’’; and 
(ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; and 
(F) by adding at the end the following: 
‘‘(x) FUTURE FISCAL YEARS.—For fiscal years begin-
ning with fiscal year 2013, determinations under this 
paragraph shall be based only on living names-based 
cases of HIV/AIDS with respect to the State involved.’’; 
and 
(2) in subparagraph (E), by striking ‘‘2009’’ each place 
it appears and inserting ‘‘2012’’. 
SEC. 4. EXTENSION OF TRANSITIONAL GRANT AREA STATUS. 
(a) 
ELIGIBILITY.—Section 
2609 
(42 
U.S.C. 
300ff–19) 
is 
amended— 
(1) in subsection (c)(1)— 
(A) in the heading, by striking ‘‘2007’’ and inserting 
‘‘2011’’; and 
(B) by striking ‘‘2007’’ each place it appears and 
inserting ‘‘2011’’; and 
(C) by striking ‘‘2006’’ and inserting ‘‘2010’’; 
(2) in subsection (c)(2)— 
(A) in subparagraph (A)(ii), by striking ‘‘to have a’’ 
and inserting ‘‘subject to subparagraphs (B) and (C), to 
have a’’; 
(B) by redesignating subparagraph (B) as subpara-
graph (C); 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) PERMITTING MARGIN OF ERROR APPLICABLE TO CER-
TAIN
METROPOLITAN
AREAS.—In applying subparagraph 
(A)(ii) for a fiscal year after fiscal year 2008, in the case 
of a metropolitan area that has a cumulative total of at 
least 1,400 (and fewer than 1,500) living cases of AIDS 
as of December 31 of the most recent calendar year for 
which such data is available, such area shall be treated 
as having met the criteria of such subparagraph if not 
more than 5 percent of the total from grants awarded 
to such area under this part is unobligated as of the end 
of the most recent fiscal year for which such data is avail-
able.’’; and 
(D) in subparagraph (C), as so redesignated, by striking 
‘‘Subparagraph (A) does not apply’’ and inserting ‘‘Subpara-
graphs (A) and (B) do not apply’’; and 
(3) in subsection (d)(1)(B), strike ‘‘2009’’ and insert ‘‘2013’’. 
(b) TRANSFER
OF AMOUNTS DUE
TO CHANGE
IN STATUS
AS 
TRANSITIONAL AREA.—Subparagraph (B) of section 2610(c)(2) (42 
U.S.C. 300ff–20(c)(2)) is amended— 
(1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) subject to clause 
(ii),’’; 
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123 STAT. 2890 
PUBLIC LAW 111–87—OCT. 30, 2009 
(2) by striking the period at the end and inserting ‘‘; and’’; 
and 
(3) by adding at the end the following: 
‘‘(ii) for each of fiscal years 2010 through 2013, notwith-
standing subsection (a)— 
‘‘(I) there shall be transferred to the State con-
taining the metropolitan area, for purposes described 
in section 2612(a), an amount (which shall not be taken 
into account in applying section 2618(a)(2)(H)) equal 
to— 
‘‘(aa) for the first fiscal year of the metropoli-
tan area not being a transitional area, 75 percent 
of the amount described in subparagraph (A)(i) 
for such area; 
‘‘(bb) for the second fiscal year of the metropoli-
tan area not being a transitional area, 50 percent 
of such amount; and 
‘‘(cc) for the third fiscal year of the metropoli-
tan area not being a transitional area, 25 percent 
of such amount; and 
‘‘(II) there shall be transferred and made available 
for grants pursuant to section 2618(a)(1) for the fiscal 
year, in addition to amounts available for such grants 
under section 2623, an amount equal to the total 
amount of the reduction for such fiscal year under 
subparagraph (A), less the amount transferred for such 
fiscal year under subclause (I).’’. 
SEC. 5. HOLD HARMLESS. 
(a) PART A GRANTS.—Section 2603(a)(4) (42 U.S.C. 300ff– 
13(a)(4)) is amended— 
(1) in the matter preceding clause (i) in subparagraph 
(A)— 
(A) by striking ‘‘2006’’ and inserting ‘‘2009’’; and 
(B) by striking ‘‘2007 through 2009’’ and inserting 
‘‘2010 through 2013’’; 
(2) by striking clauses (i) and (ii) in subparagraph (A) 
and inserting the following: 
‘‘(i) For fiscal year 2010, an amount equal to 95 
percent of the sum of the amount of the grant made 
pursuant to paragraph (3) and this paragraph for fiscal 
year 2009. 
‘‘(ii) For each of the fiscal years 2011 and 2012, 
an amount equal to 100 percent of the amount of 
the grant made pursuant to paragraph (3) and this 
paragraph for fiscal year 2010. 
‘‘(iii) For fiscal year 2013, an amount equal to 
92.5 percent of the amount of the grant made pursuant 
to paragraph (3) and this paragraph for fiscal year 
2012.’’; and 
(3) in subparagraph (C), by striking ‘‘2009’’ and inserting 
‘‘2013’’. 
(b) PART B GRANTS.—Section 2618(a)(2)(H) (42 U.S.C. 300ff– 
28(a)(2)(H)) is amended— 
(1) in clause (i)(I)— 
(A) by striking ‘‘2007’’ and inserting ‘‘2010’’; and 
(B) by striking ‘‘2006’’ and inserting ‘‘2009’’; 
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123 STAT. 2891 
PUBLIC LAW 111–87—OCT. 30, 2009 
(2) by striking clause (ii) and redesignating clause (iii) 
as clause (ii); 
(3) in clause (ii), as so redesignated— 
(A) in the heading, by striking ‘‘2008 AND 2009’’ and 
inserting ‘‘2011 AND 2012’’; 
(B) by striking ‘‘2008 and 2009’’ and inserting ‘‘2011 
and 2012’’; and 
(C) by striking ‘‘2007’’ and inserting ‘‘2010’’; 
(4) by inserting after clause (ii), as so redesignated, the 
following new clause: 
‘‘(iii) FISCAL YEAR 2013.—For fiscal year 2013, the 
Secretary shall ensure that the total for a State of 
the grant pursuant to paragraph (1) and the grant 
pursuant to subparagraph (F) is not less than 92.5 
percent of such total for the State for fiscal year 2012.’’; 
and 
(5) in clause (v), by striking ‘‘2009’’ and inserting ‘‘2013’’. 
(c) TECHNICAL CORRECTIONS.—Title XXVI (42 U.S.C. 300ff– 
11 et seq.) is amended— 
(1) in subparagraphs (A)(i) and (H) of section 2618(a)(2), 
by striking the term ‘‘subparagraph (G)’’ each place it appears 
and inserting ‘‘subparagraph (F)’’; 
(2) in sections 2620(a)(2), 2622(c)(1), and 2622(c)(4)(A), by 
striking ‘‘2618(a)(2)(G)(i)’’ and inserting ‘‘2618(a)(2)(F)(i)’’; 
(3) in sections 2622(a) and 2623(b)(2)(A), by striking 
‘‘2618(a)(2)(G)’’ and inserting ‘‘2618(a)(2)(F)’’; and 
(4) in section 2622(b), by striking ‘‘2618(a)(2)(G)(ii)’’ and 
inserting ‘‘2618(a)(2)(F)(ii)’’. 
SEC. 6. AMENDMENTS TO THE GENERAL GRANT PROVISIONS. 
(a) 
ADMINISTRATION
AND
PLANNING
COUNCIL.—Section 
2602(b)(4) (42 U.S.C. 300ff–12(b)(4)) is amended— 
(1) in subparagraph (A), by inserting ‘‘, as well as the 
size and demographics of the estimated population of individ-
uals with HIV/AIDS who are unaware of their HIV status’’ 
after ‘‘HIV/AIDS’’; 
(2) in subparagraph (B)— 
(A) in clause (i), by striking ‘‘and’’ at the end after 
the semicolon; 
(B) in clause (ii), by inserting ‘‘and’’ after the semicolon; 
and 
(C) by adding at the end the following: 
‘‘(iii) individuals with HIV/AIDS who do not know 
their HIV status;’’; and 
(3) in subparagraph (D)— 
(A) in clause (ii), by striking ‘‘and’’ at the end after 
the semicolon; 
(B) in clause (iii), by inserting ‘‘and’’ after the semi-
colon; and 
(C) by adding at the end the following: 
‘‘(iv) includes a strategy, coordinated as appro-
priate with other community strategies and efforts, 
including discrete goals, a timetable, and appropriate 
funding, for identifying individuals with HIV/AIDS who 
do not know their HIV status, making such individuals 
aware of such status, and enabling such individuals 
to use the health and support services described in 
42 USC 
300ff–31b. 
42 USC 
300ff–29a, 
300ff–31a. 
42 USC 300ff–28. 
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123 STAT. 2892 
PUBLIC LAW 111–87—OCT. 30, 2009 
section 2604, with particular attention to reducing bar-
riers to routine testing and disparities in access and 
services among affected subpopulations and historically 
underserved communities;’’. 
(b) TYPE AND DISTRIBUTION OF GRANTS.—Section 2603(b) (42 
U.S.C. 300ff–13(b)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (G), by striking ‘‘and’’ at the end 
after the semicolon; 
(B) in subparagraph (H), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(I) demonstrates success in identifying individuals 
with HIV/AIDS as described in clauses (i) through (iii) 
of paragraph (2)(A).’’; and 
(2) in paragraph (2)(A), by striking the period and inserting: 
‘‘, and demonstrated success in identifying individuals with 
HIV/AIDS who do not know their HIV status and making 
them aware of such status counting one-third. In making such 
determination, the Secretary shall consider— 
‘‘(i) the number of individuals who have been tested 
for HIV/AIDS; 
‘‘(ii) of those individuals described in clause (i), 
the number of individuals who tested for HIV/AIDS 
who are made aware of their status, including the 
number who test positive; and 
‘‘(iii) of those individuals described in clause (ii), 
the number who have been referred to appropriate 
treatment and care.’’. 
(c) APPLICATION.—Section 2605(b)(1) (42 U.S.C. 300ff–15(b)(1)) 
is amended by inserting ‘‘, including the identification of individuals 
with HIV/AIDS as described in clauses (i) through (iii) of section 
2603(b)(2)(A)’’ before the semicolon at the end. 
SEC. 7. INCREASE IN ADJUSTMENT FOR NAMES-BASED REPORTING. 
(a) PART A GRANTS.— 
(1) FORMULA GRANTS.—Section 2603(a)(3)(C)(vi) (42 U.S.C. 
300ff–13(a)(3)(C)(vi)) is amended by adding at the end the 
following: 
‘‘(III) INCREASED
ADJUSTMENT
FOR
CERTAIN 
AREAS
PREVIOUSLY
USING
CODE-BASED 
REPORTING.—For purposes of this subparagraph for 
each of fiscal years 2010 through 2012, the Sec-
retary shall deem the applicable number of living 
cases of HIV/AIDS in an area that were reported 
to and confirmed by the Centers for Disease Con-
trol and Prevention to be 3 percent higher than 
the actual number if— 
‘‘(aa) for fiscal year 2007, such area was 
a transitional area; 
‘‘(bb) fiscal year 2007 was the first year 
in which the count of living non-AIDS cases 
of HIV in such area, for purposes of this sec-
tion, was based on a names-based reporting 
system; and 
‘‘(cc) the amount of funding that such area 
received under this part for fiscal year 2007 
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123 STAT. 2893 
PUBLIC LAW 111–87—OCT. 30, 2009 
was less than 70 percent of the amount of 
funding (exclusive of funds that were identi-
fied as being for purposes of the Minority AIDS 
Initiative) that such area received under such 
part for fiscal year 2006.’’. 
(2) SUPPLEMENTAL GRANTS.—Section 2603(b)(2) (42 U.S.C. 
300ff–13(b)(2)) is amended by adding at the end the following: 
‘‘(D) INCREASED ADJUSTMENT FOR CERTAIN AREAS PRE-
VIOUSLY USING CODE-BASED REPORTING.—For purposes of 
this subsection for each of fiscal years 2010 through 2012, 
the Secretary shall deem the applicable number of living 
cases of HIV/AIDS in an area that were reported to and 
confirmed by the Centers for Disease Control and Preven-
tion to be 3 percent higher than the actual number if 
the conditions described in items (aa) through (cc) of sub-
section (a)(3)(C)(vi)(III) are all satisfied.’’. 
(b) PART B GRANTS.—Section 2618(a)(2)(D)(vi) (42 U.S.C. 300ff– 
28(a)(2)(D)(vi)) is amended by adding at the end the following: 
‘‘(III) INCREASED
ADJUSTMENT
FOR
CERTAIN 
STATES
PREVIOUSLY
USING
CODE-BASED 
REPORTING.—For purposes of this subparagraph for 
each of fiscal years 2010 through 2012, the Sec-
retary shall deem the applicable number of living 
cases of HIV/AIDS in a State that were reported 
to and confirmed by the Centers for Disease Con-
trol and Prevention to be 3 percent higher than 
the actual number if— 
‘‘(aa) there is an area in such State that 
satisfies all of the conditions described in 
items 
(aa) 
through 
(cc) 
of 
section 
2603(a)(3)(C)(vi)(III); or 
‘‘(bb)(AA) fiscal year 2007 was the first 
year in which the count of living non-AIDS 
cases of HIV in such area, for purposes of 
this part, was based on a names-based 
reporting system; and 
‘‘(BB) the amount of funding that such 
State received under this part for fiscal year 
2007 was less than 70 percent of the amount 
of funding that such State received under such 
part for fiscal year 2006.’’. 
SEC. 8. TREATMENT OF UNOBLIGATED FUNDS. 
(a) ELIGIBILITY FOR SUPPLEMENTAL GRANTS.—Title XXVI (42 
U.S.C. 300ff–11 et seq.) is amended— 
(1) in section 2603(b)(1)(H) (42 U.S.C. 300ff–13(b)(1)(H)), 
by striking ‘‘2 percent’’ and inserting ‘‘5 percent’’; and 
(2) in section 2620(a)(2) (42 U.S.C. 300ff–29a(a)(2)), by 
striking ‘‘2 percent’’ and inserting ‘‘5 percent’’. 
(b) CORRESPONDING REDUCTION IN FUTURE GRANT.— 
(1) IN GENERAL.—Title XXVI (42 U.S.C. 300ff–11 et seq.) 
is amended— 
(A) 
in 
section 
2603(c)(3)(D)(i)(42 
U.S.C. 
300ff– 
13(c)(3)(D)(i)), in the matter following subclause (II), by 
striking ‘‘2 percent’’ and inserting ‘‘5 percent’’; and 
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123 STAT. 2894 
PUBLIC LAW 111–87—OCT. 30, 2009 
(B) 
in 
section 
2622(c)(4)(A) 
(42 
U.S.C. 
300ff– 
31a(c)(4)(A)), in the matter following clause (ii), by striking 
‘‘2 percent’’ and inserting ‘‘5 percent’’. 
(2) AUTHORITY REGARDING ADMINISTRATION OF PROVISION.— 
Title XXVI (42 U.S.C. 300ff–11 et seq.) is amended— 
(A) in section 2603(c) (42 U.S.C. 300ff–13(c)), by adding 
at the end the following: 
‘‘(4) AUTHORITY
REGARDING
ADMINISTRATION
OF
PROVI-
SIONS.—In administering paragraphs (2) and (3) with respect 
to the unobligated balance of an eligible area, the Secretary 
may elect to reduce the amount of future grants to the area 
under subsection (a) or (b), as applicable, by the amount of 
any such unobligated balance in lieu of cancelling such amount 
as provided for in paragraph (2) or (3)(A). In such case, the 
Secretary may permit the area to use such unobligated balance 
for purposes of any such future grant. An amount equal to 
such reduction shall be available for use as additional amounts 
for grants pursuant to subsection (b), subject to subsection 
(a)(4) and section 2610(d)(2). Nothing in this paragraph shall 
be construed to affect the authority of the Secretary under 
paragraphs (2) and (3), including the authority to grant waivers 
under paragraph (3)(A). The reduction in future grants author-
ized under this paragraph shall be notwithstanding the penalty 
required under paragraph (3)(D) with respect to unobligated 
funds.’’; 
(B) in section 2622 (42 U.S.C. 300ff–31a), by adding 
at the end the following: 
‘‘(e) AUTHORITY REGARDING ADMINISTRATION OF PROVISIONS.— 
In administering subsections (b) and (c) with respect to the unobli-
gated balance of a State, the Secretary may elect to reduce the 
amount of future grants to the State under section 2618, 2620, 
or 2621, as applicable, by the amount of any such unobligated 
balance in lieu of cancelling such amount as provided for in sub-
section (b) or (c)(1). In such case, the Secretary may permit the 
State to use such unobligated balance for purposes of any such 
future grant. An amount equal to such reduction shall be available 
for use as additional amounts for grants pursuant to section 2620, 
subject to section 2618(a)(2)(H). Nothing in this paragraph shall 
be construed to affect the authority of the Secretary under sub-
sections (b) and (c), including the authority to grant waivers under 
subsection (c)(1). The reduction in future grants authorized under 
this subsection shall be notwithstanding the penalty required under 
subsection (c)(4) with respect to unobligated funds.’’; 
(C) 
in 
section 
2603(b)(1)(H) 
(42 
U.S.C. 
300ff– 
13(b)(1)(H)), by striking ‘‘canceled’’ and inserting ‘‘canceled, 
offset under subsection (c)(4),’’; and 
(D) in section 2620(a)(2) (42 U.S.C. 300ff–29a(a)(2)), 
by striking ‘‘canceled’’ and inserting ‘‘canceled, offset under 
section 2622(e),’’. 
(c) CONSIDERATION
OF WAIVER AMOUNTS
IN DETERMINING 
UNOBLIGATED BALANCES.— 
(1) PART A GRANTS.—Section 2603(c)(3)(D)(i)(I) (42 U.S.C. 
300ff–14(c)(3)(D)(i)(I)) is amended by inserting after ‘‘unobli-
gated balance’’ the following: ‘‘(less any amount of such balance 
that is the subject of a waiver of cancellation under subpara-
graph (A))’’. 
42 USC 300ff–13. 
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123 STAT. 2895 
PUBLIC LAW 111–87—OCT. 30, 2009 
(2) PART
B
GRANTS.—Section 2622(c)(4)(A)(i) (42 U.S.C. 
300ff—31a(c)(4)(A)(i)) is amended by inserting after ‘‘unobli-
gated balance’’ the following: ‘‘(less any amount of such balance 
that is the subject of a waiver of cancellation under paragraph 
(1))’’. 
SEC. 9. APPLICATIONS BY STATES. 
Section 2617(b) (42 U.S.C. Section 300ff–27(b)) is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the end; 
(2) in paragraph (7), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) a comprehensive plan— 
‘‘(A) containing an identification of individuals with 
HIV/AIDS as described in clauses (i) through (iii) of section 
2603(b)(2)(A) and the strategy required under section 
2602(b)(4)(D)(iv); 
‘‘(B) describing the estimated number of individuals 
within the State with HIV/AIDS who do not know their 
status; 
‘‘(C) describing activities undertaken by the State to 
find the individuals described in subparagraph (A) and 
to make such individuals aware of their status; 
‘‘(D) describing the manner in which the State will 
provide undiagnosed individuals who are made aware of 
their status with access to medical treatment for their 
HIV/AIDS; and 
‘‘(E) describing efforts to remove legal barriers, 
including State laws and regulations, to routine testing.’’. 
SEC. 10. ADAP REBATE FUNDS. 
(a) USE OF UNOBLIGATED FUNDS.—Section 2622(d) (42 U.S.C. 
300ff–31a(d)) is amended by adding at the end the following: ‘‘If 
an expenditure of ADAP rebate funds would trigger a penalty 
under this section or a higher penalty than would otherwise have 
applied, the State may request that for purposes of this section, 
the Secretary deem the State’s unobligated balance to be reduced 
by the amount of rebate funds in the proposed expenditure. Notwith-
standing 2618(a)(2)(F), any unobligated amount under section 
2618(a)(2)(F)(ii)(V) that is returned to the Secretary for reallocation 
shall be used by the Secretary for— 
‘‘(1) the ADAP supplemental program if the Secretary deter-
mines appropriate; or 
‘‘(2) for additional amounts for grants pursuant to section 
2620.’’. 
(b) 
TECHNICAL
CORRECTION.—Subclause 
(V) 
of 
section 
2618(a)(2)(F)(ii) (42 U.S.C. 300ff–28(a)(2)(F)(ii)) is amended by 
striking ‘‘, subject to subclause (VI)’’. 
SEC. 11. APPLICATION TO PRIMARY CARE SERVICES. 
(a) IN
GENERAL.—Section 2671 (42 U.S.C. 300ff–71), as 
amended, is amended— 
(1) by redesignating subsection (i) as subsection (j); 
(2) in subsection (g), by striking ‘‘subsection (i)’’ and 
inserting ‘‘subsection (j)’’; and 
(3) by inserting after subsection (h) the following: 
‘‘(i) APPLICATION TO PRIMARY CARE SERVICES.—Nothing in this 
part shall be construed as requiring funds under this part to be 
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123 STAT. 2896 
PUBLIC LAW 111–87—OCT. 30, 2009 
used for primary care services when payments are available for 
such services from other sources (including under titles XVIII, 
XIX, and XXI of the Social Security Act).’’. 
(b) PROVISION OF CARE THROUGH MEMORANDUM OF UNDER-
STANDING.—Section 2671(a) (42 U.S.C. 300ff–71(a)) is amended by 
striking ‘‘(directly or through contracts)’’ and inserting ‘‘(directly 
or through contracts or memoranda of understanding)’’. 
SEC. 12. NATIONAL HIV/AIDS TESTING GOAL. 
Part E of title XXVI (42 U.S.C. 300ff–81 et seq.) is amended— 
(1) by redesignating section 2688 as section 2689; and 
(2) by inserting after section 2687 the following: 
‘‘SEC. 2688. NATIONAL HIV/AIDS TESTING GOAL. 
‘‘(a) IN GENERAL.—Not later than January 1, 2010, the Sec-
retary shall establish a national HIV/AIDS testing goal of 5,000,000 
tests for HIV/AIDS annually through federally-supported HIV/AIDS 
prevention, treatment, and care programs, including programs 
under this title and other programs administered by the Centers 
for Disease Control and Prevention. 
‘‘(b) ANNUAL REPORT.—Not later than January 1, 2011, and 
annually thereafter, the Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall submit to 
Congress a report describing, with regard to the preceding 12- 
month reporting period— 
‘‘(1) whether the testing goal described in subsection (a) 
has been met; 
‘‘(2) the total number of individuals tested through feder-
ally-supported and other HIV/AIDS prevention, treatment, and 
care programs in each State; 
‘‘(3) the number of individuals who— 
‘‘(A) prior to such 12-month period, were unaware of 
their HIV status; and 
‘‘(B) through federally-supported and other HIV/AIDS 
prevention, treatment, and care programs, were diagnosed 
and referred into treatment and care during such period; 
‘‘(4) any barriers, including State laws and regulations, 
that the Secretary determines to be a barrier to meeting the 
testing goal described in subsection (a); 
‘‘(5) the amount of funding the Secretary determines nec-
essary to meet the annual testing goal in the following 12 
months and the amount of Federal funding expended to meet 
the testing goal in the prior 12-month period; and 
‘‘(6) the most cost-effective strategies for identifying and 
diagnosing individuals who were unaware of their HIV status, 
including voluntary testing with pre-test counseling, routine 
screening including opt-out testing, partner counseling and 
referral services, and mass media campaigns. 
‘‘(c) REVIEW OF PROGRAM EFFECTIVENESS.—Not later than 1 
year after the date of enactment of this section, the Secretary, 
in consultation with the Director of the Centers for Disease Control 
and Prevention, shall submit a report to Congress based on a 
comprehensive review of each of the programs and activities con-
ducted by the Centers for Disease Control and Prevention as part 
of the Domestic HIV/AIDS Prevention Activities, including the fol-
lowing: 
‘‘(1) The amount of funding provided for each program 
or activity. 
Reports. 
Deadlines. 
42 USC 
300ff–87a. 
42 USC 300ff–88. 
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123 STAT. 2897 
PUBLIC LAW 111–87—OCT. 30, 2009 
‘‘(2) The primary purpose of each program or activity. 
‘‘(3) The annual goals for each program or activity. 
‘‘(4) The relative effectiveness of each program or activity 
with relation to the other programs and activities conducted 
by the Centers for Disease Control and Prevention, based on 
the— 
‘‘(A) number of previously undiagnosed individuals 
with HIV/AIDS made aware of their status and referred 
into the appropriate treatment; 
‘‘(B) amount of funding provided for each program or 
activity compared to the number of undiagnosed individuals 
with HIV/AIDS made aware of their status; 
‘‘(C) program’s contribution to the National HIV/AIDS 
testing goal; and 
‘‘(D) progress made toward the goals described in para-
graph (3). 
‘‘(5) Recommendations if any to Congress on ways to allo-
cate funding for domestic HIV/AIDS prevention activities and 
programs in order to achieve the National HIV/AIDS testing 
goal. 
‘‘(d) COORDINATION WITH OTHER FEDERAL ACTIVITIES.—In pur-
suing the National HIV/AIDS testing goal, the Secretary, where 
appropriate, shall consider and coordinate with other national 
strategies conducted by the Federal Government to address HIV/ 
AIDS.’’. 
SEC. 13. NOTIFICATION OF POSSIBLE EXPOSURE TO INFECTIOUS DIS-
EASES. 
Title XXVI (42 U.S.C. 300ff–11 et seq.) is amended by adding 
at the end the following: 
‘‘PART G—NOTIFICATION OF POSSIBLE 
EXPOSURE TO INFECTIOUS DISEASES 
‘‘SEC. 2695. INFECTIOUS DISEASES AND CIRCUMSTANCES RELEVANT 
TO NOTIFICATION REQUIREMENTS. 
‘‘(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this part, the Secretary shall complete the develop-
ment of— 
‘‘(1) a list of potentially life-threatening infectious diseases, 
including emerging infectious diseases, to which emergency 
response employees may be exposed in responding to emer-
gencies; 
‘‘(2) guidelines describing the circumstances in which such 
employees may be exposed to such diseases, taking into account 
the conditions under which emergency response is provided; 
and 
‘‘(3) guidelines describing the manner in which medical 
facilities should make determinations for purposes of section 
2695B(d). 
‘‘(b) SPECIFICATION OF AIRBORNE INFECTIOUS DISEASES.—The 
list developed by the Secretary under subsection (a)(1) shall include 
a specification of those infectious diseases on the list that are 
routinely transmitted through airborne or aerosolized means. 
‘‘(c) DISSEMINATION.—The Secretary shall— 
‘‘(1) transmit to State public health officers copies of the 
list and guidelines developed by the Secretary under subsection 
Guidelines. 
Guidelines. 
Records. 
Deadline. 
42 USC 
300ff–131. 
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123 STAT. 2898 
PUBLIC LAW 111–87—OCT. 30, 2009 
(a) with the request that the officers disseminate such copies 
as appropriate throughout the States; and 
‘‘(2) make such copies available to the public. 
‘‘SEC. 2695A. ROUTINE NOTIFICATIONS WITH RESPECT TO AIRBORNE 
INFECTIOUS DISEASES IN VICTIMS ASSISTED. 
‘‘(a) ROUTINE NOTIFICATION OF DESIGNATED OFFICER.— 
‘‘(1) DETERMINATION BY TREATING FACILITY.—If a victim 
of an emergency is transported by emergency response 
employees to a medical facility and the medical facility makes 
a determination that the victim has an airborne infectious 
disease, the medical facility shall notify the designated officer 
of the emergency response employees who transported the 
victim to the medical facility of the determination. 
‘‘(2) DETERMINATION BY FACILITY ASCERTAINING CAUSE OF 
DEATH.—If a victim of an emergency is transported by emer-
gency response employees to a medical facility and the victim 
dies at or before reaching the medical facility, the medical 
facility ascertaining the cause of death shall notify the des-
ignated officer of the emergency response employees who trans-
ported the victim to the initial medical facility of any determina-
tion by the medical facility that the victim had an airborne 
infectious disease. 
‘‘(b) REQUIREMENT OF PROMPT NOTIFICATION.—With respect to 
a determination described in paragraph (1) or (2) of subsection 
(a), the notification required in each of such paragraphs shall be 
made as soon as is practicable, but not later than 48 hours after 
the determination is made. 
‘‘SEC. 2695B. REQUEST FOR NOTIFICATION WITH RESPECT TO VICTIMS 
ASSISTED. 
‘‘(a) INITIATION OF PROCESS BY EMPLOYEE.—If an emergency 
response employee believes that the employee may have been 
exposed to an infectious disease by a victim of an emergency who 
was transported to a medical facility as a result of the emergency, 
and if the employee attended, treated, assisted, or transported 
the victim pursuant to the emergency, then the designated officer 
of the employee shall, upon the request of the employee, carry 
out the duties described in subsection (b) regarding a determination 
of whether the employee may have been exposed to an infectious 
disease by the victim. 
‘‘(b) INITIAL DETERMINATION
BY DESIGNATED OFFICER.—The 
duties referred to in subsection (a) are that— 
‘‘(1) the designated officer involved collect the facts relating 
to the circumstances under which, for purposes of subsection 
(a), the employee involved may have been exposed to an infec-
tious disease; and 
‘‘(2) the designated officer evaluate such facts and make 
a determination of whether, if the victim involved had any 
infectious disease included on the list issued under paragraph 
(1) of section 2695(a), the employee would have been exposed 
to the disease under such facts, as indicated by the guidelines 
issued under paragraph (2) of such section. 
‘‘(c) SUBMISSION OF REQUEST TO MEDICAL FACILITY.— 
‘‘(1) IN GENERAL.—If a designated officer makes a deter-
mination under subsection (b)(2) that an emergency response 
employee may have been exposed to an infectious disease, the 
designated officer shall submit to the medical facility to which 
42 USC 
300ff–133. 
Deadline. 
42 USC 
300ff–132. 
Public 
information. 
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123 STAT. 2899 
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the victim involved was transported a request for a response 
under subsection (d) regarding the victim of the emergency 
involved. 
‘‘(2) FORM OF REQUEST.—A request under paragraph (1) 
shall be in writing and be signed by the designated officer 
involved, and shall contain a statement of the facts collected 
pursuant to subsection (b)(1). 
‘‘(d) EVALUATION AND RESPONSE REGARDING REQUEST TO MED-
ICAL FACILITY.— 
‘‘(1) IN GENERAL.—If a medical facility receives a request 
under subsection (c), the medical facility shall evaluate the 
facts submitted in the request and make a determination of 
whether, on the basis of the medical information possessed 
by the facility regarding the victim involved, the emergency 
response employee was exposed to an infectious disease 
included on the list issued under paragraph (1) of section 
2695(a), as indicated by the guidelines issued under paragraph 
(2) of such section. 
‘‘(2) NOTIFICATION
OF
EXPOSURE.—If a medical facility 
makes a determination under paragraph (1) that the emergency 
response employee involved has been exposed to an infectious 
disease, the medical facility shall, in writing, notify the des-
ignated officer who submitted the request under subsection 
(c) of the determination. 
‘‘(3) FINDING OF NO EXPOSURE.—If a medical facility makes 
a determination under paragraph (1) that the emergency 
response employee involved has not been exposed to an infec-
tious disease, the medical facility shall, in writing, inform the 
designated officer who submitted the request under subsection 
(c) of the determination. 
‘‘(4) INSUFFICIENT INFORMATION.— 
‘‘(A) If a medical facility finds in evaluating facts for 
purposes of paragraph (1) that the facts are insufficient 
to make the determination described in such paragraph, 
the medical facility shall, in writing, inform the designated 
officer who submitted the request under subsection (c) of 
the insufficiency of the facts. 
‘‘(B)(i) If a medical facility finds in making a determina-
tion under paragraph (1) that the facility possesses no 
information on whether the victim involved has an infec-
tious disease included on the list under section 2695(a), 
the medical facility shall, in writing, inform the designated 
officer who submitted the request under subsection (c) of 
the insufficiency of such medical information. 
‘‘(ii) If after making a response under clause (i) a 
medical facility determines that the victim involved has 
an infectious disease, the medical facility shall make the 
determination described in paragraph (1) and provide the 
applicable response specified in this subsection. 
‘‘(e) TIME FOR MAKING RESPONSE.—After receiving a request 
under subsection (c) (including any such request resubmitted under 
subsection (g)(2)), a medical facility shall make the applicable 
response specified in subsection (d) as soon as is practicable, but 
not later than 48 hours after receiving the request. 
‘‘(f) DEATH OF VICTIM OF EMERGENCY.— 
‘‘(1) FACILITY ASCERTAINING CAUSE OF DEATH.—If a victim 
described in subsection (a) dies at or before reaching the medical 
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PUBLIC LAW 111–87—OCT. 30, 2009 
facility involved, and the medical facility receives a request 
under subsection (c), the medical facility shall provide a copy 
of the request to the medical facility ascertaining the cause 
of death of the victim, if such facility is a different medical 
facility than the facility that received the original request. 
‘‘(2) RESPONSIBILITY OF FACILITY.—Upon the receipt of a 
copy of a request for purposes of paragraph (1), the duties 
otherwise established in this part regarding medical facilities 
shall apply to the medical facility ascertaining the cause of 
death of the victim in the same manner and to the same 
extent as such duties apply to the medical facility originally 
receiving the request. 
‘‘(g) ASSISTANCE OF PUBLIC HEALTH OFFICER.— 
‘‘(1) EVALUATION
OF
RESPONSE
OF
MEDICAL
FACILITY 
REGARDING INSUFFICIENT FACTS.— 
‘‘(A) In the case of a request under subsection (c) to 
which a medical facility has made the response specified 
in subsection (d)(4)(A) regarding the insufficiency of facts, 
the public health officer for the community in which the 
medical facility is located shall evaluate the request and 
the response, if the designated officer involved submits 
such documents to the officer with the request that the 
officer make such an evaluation. 
‘‘(B) As soon as is practicable after a public health 
officer receives a request under subparagraph (A), but not 
later than 48 hours after receipt of the request, the public 
health officer shall complete the evaluation required in 
such paragraph and inform the designated officer of the 
results of the evaluation. 
‘‘(2) FINDINGS OF EVALUATION.— 
‘‘(A) If an evaluation under paragraph (1)(A) indicates 
that the facts provided to the medical facility pursuant 
to subsection (c) were sufficient for purposes of determina-
tions under subsection (d)(1)— 
‘‘(i) the public health officer shall, on behalf of 
the designated officer involved, resubmit the request 
to the medical facility; and 
‘‘(ii) the medical facility shall provide to the des-
ignated officer the applicable response specified in sub-
section (d). 
‘‘(B) If an evaluation under paragraph (1)(A) indicates 
that the facts provided in the request to the medical facility 
were insufficient for purposes of determinations specified 
in subsection (c)— 
‘‘(i) the public health officer shall provide advice 
to the designated officer regarding the collection and 
description of appropriate facts; and 
‘‘(ii) if sufficient facts are obtained by the des-
ignated officer— 
‘‘(I) the public health officer shall, on behalf 
of the designated officer involved, resubmit the 
request to the medical facility; and 
‘‘(II) the medical facility shall provide to the 
designated officer the appropriate response under 
subsection (c). 
Deadline. 
Applicability. 
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PUBLIC LAW 111–87—OCT. 30, 2009 
‘‘SEC. 2695C. PROCEDURES FOR NOTIFICATION OF EXPOSURE. 
‘‘(a) CONTENTS OF NOTIFICATION TO OFFICER.—In making a 
notification required under section 2695A or section 2695B(d)(2), 
a medical facility shall provide— 
‘‘(1) the name of the infectious disease involved; and 
‘‘(2) the date on which the victim of the emergency involved 
was transported by emergency response employees to the med-
ical facility involved. 
‘‘(b) MANNER OF NOTIFICATION.—If a notification under section 
2695A or section 2695B(d)(2) is mailed or otherwise indirectly 
made— 
‘‘(1) the medical facility sending the notification shall, upon 
sending the notification, inform the designated officer to whom 
the notification is sent of the fact that the notification has 
been sent; and 
‘‘(2) such designated officer shall, not later than 10 days 
after being informed by the medical facility that the notification 
has been sent, inform such medical facility whether the des-
ignated officer has received the notification. 
‘‘SEC. 2695D. NOTIFICATION OF EMPLOYEE. 
‘‘(a) IN GENERAL.—After receiving a notification for purposes 
of section 2695A or 2695B(d)(2), a designated officer of emergency 
response employees shall, to the extent practicable, immediately 
notify each of such employees who— 
‘‘(1) responded to the emergency involved; and 
‘‘(2) as indicated by guidelines developed by the Secretary, 
may have been exposed to an infectious disease. 
‘‘(b) CERTAIN CONTENTS
OF NOTIFICATION
TO EMPLOYEE.—A 
notification under this subsection to an emergency response 
employee shall inform the employee of— 
‘‘(1) the fact that the employee may have been exposed 
to an infectious disease and the name of the disease involved; 
‘‘(2) any action by the employee that, as indicated by guide-
lines developed by the Secretary, is medically appropriate; and 
‘‘(3) if medically appropriate under such criteria, the date 
of such emergency. 
‘‘(c) RESPONSES OTHER THAN NOTIFICATION
OF EXPOSURE.— 
After receiving a response under paragraph (3) or (4) of subsection 
(d) of section 2695B, or a response under subsection (g)(1) of such 
section, the designated officer for the employee shall, to the extent 
practicable, immediately inform the employee of the response. 
‘‘SEC. 2695E. SELECTION OF DESIGNATED OFFICERS. 
‘‘(a) IN GENERAL.—For the purposes of receiving notifications 
and responses and making requests under this part on behalf 
of emergency response employees, the public health officer of each 
State shall designate 1 official or officer of each employer of emer-
gency response employees in the State. 
‘‘(b) PREFERENCE IN MAKING DESIGNATIONS.—In making the 
designations required in subsection (a), a public health officer shall 
give preference to individuals who are trained in the provision 
of health care or in the control of infectious diseases. 
‘‘SEC. 2695F. LIMITATION WITH RESPECT TO DUTIES OF MEDICAL 
FACILITIES. 
‘‘The duties established in this part for a medical facility— 
Applicability. 
Time period. 
42 USC 
300ff–137. 
42 USC 
300ff–136. 
42 USC 
300ff–135. 
Deadline. 
42 USC 
300ff–134. 
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123 STAT. 2902 
PUBLIC LAW 111–87—OCT. 30, 2009 
‘‘(1) shall apply only to medical information possessed by 
the facility during the period in which the facility is treating 
the victim for conditions arising from the emergency, or during 
the 60-day period beginning on the date on which the victim 
is transported by emergency response employees to the facility, 
whichever period expires first; and 
‘‘(2) shall not apply to any extent after the expiration 
of the 30-day period beginning on the expiration of the 
applicable period referred to in paragraph (1), except that such 
duties shall apply with respect to any request under section 
2695B(c) received by a medical facility before the expiration 
of such 30-day period. 
‘‘SEC. 2695G. MISCELLANEOUS PROVISIONS. 
‘‘(a) LIABILITY OF MEDICAL FACILITIES, DESIGNATED OFFICERS, 
PUBLIC HEALTH OFFICERS, AND GOVERNING ENTITIES.—This part 
may not be construed to authorize any cause of action for damages 
or any civil penalty against any medical facility, any designated 
officer, any other public health officer, or any governing entity 
of such facility or officer for failure to comply with the duties 
established in this part. 
‘‘(b) TESTING.—This part may not, with respect to victims of 
emergencies, be construed to authorize or require a medical facility 
to test any such victim for any infectious disease. 
‘‘(c) CONFIDENTIALITY.—This part may not be construed to 
authorize or require any medical facility, any designated officer 
of emergency response employees, or any such employee, to disclose 
identifying information with respect to a victim of an emergency 
or with respect to an emergency response employee. 
‘‘(d) FAILURE TO PROVIDE EMERGENCY SERVICES.—This part 
may not be construed to authorize any emergency response 
employee to fail to respond, or to deny services, to any victim 
of an emergency. 
‘‘(e) NOTIFICATION AND REPORTING DEADLINES.—In any case 
in which the Secretary determines that, wholly or partially as 
a result of a public health emergency that has been determined 
pursuant to section 319(a), individuals or public or private entities 
are unable to comply with the requirements of this part, the Sec-
retary may, notwithstanding any other provision of law, temporarily 
suspend, in whole or in part, the requirements of this part as 
the circumstances reasonably require. Before or promptly after such 
a suspension, the Secretary shall notify the Congress of such action 
and publish in the Federal Register a notice of the suspension. 
‘‘(f) CONTINUED APPLICATION
OF STATE
AND LOCAL LAW.— 
Nothing in this part shall be construed to limit the application 
of State or local laws that require the provision of data to public 
health authorities. 
‘‘SEC. 2695H. INJUNCTIONS REGARDING VIOLATION OF PROHIBITION. 
‘‘(a) IN GENERAL.—The Secretary may, in any court of com-
petent jurisdiction, commence a civil action for the purpose of 
obtaining temporary or permanent injunctive relief with respect 
to any violation of this part. 
‘‘(b) FACILITATION OF INFORMATION ON VIOLATIONS.—The Sec-
retary shall establish an administrative process for encouraging 
Administrative 
process. 
42 USC 
300ff–139. 
Federal Register, 
publication. 
Notice. 
42 USC 
300ff–138. 
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123 STAT. 2903 
PUBLIC LAW 111–87—OCT. 30, 2009 
LEGISLATIVE HISTORY—S. 1793 (H.R. 3792): 
HOUSE REPORTS: No. 111–305 (Comm. on Energy and Commerce) accompanying 
H.R. 3792. 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
Oct. 19, considered and passed Senate. 
Oct. 21, considered and passed House. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 
Oct. 30, Presidential remarks. 
emergency response employees to provide information to the Sec-
retary regarding violations of this part. As appropriate, the Sec-
retary shall investigate alleged such violations and seek appropriate 
injunctive relief. 
‘‘SEC. 2695I. APPLICABILITY OF PART. 
‘‘This part shall not apply in a State if the chief executive 
officer of the State certifies to the Secretary that the law of the 
State is substantially consistent with this part.’’. 
Approved October 30, 2009. 
42 USC 
300ff–140. 
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