Page:United States Statutes at Large Volume 123.djvu/2912

 123STA T . 2 89 2 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 section2604,w it hpar tic ul ar attention to re d ucin gb ar - riers to routine testing and disparities in access and ser v ices a m ong a f fected subpopulations and historicall y underserved communities ’ .( b )TYPEANDDISTR I BU TI O NO FG RANTS. —S ection 260 3 (b) (42 U .S. C . 300ff –1 3(b)) is amended— (1) in paragraph (1)— ( A ) in subparagraph (G), by stri k ing ‘ ‘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 HI V/ 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) APP L I C ATION.—Section 260 5 (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 . IN C R E A SEINA DJU S TM ENT FO R NAMES -B ASED RE P ORTIN G . (a) P ART A GRANTS.— (1) F OR M ULA G RANTS.—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 AD J USTMENT FOR CERTAIN AREAS PRE V IOUSLY 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 200 7, 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