Ryan White HIV/AIDS Treatment Extension Act of 2009


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 1.|SECTION 1}}. SHORT TITLE; REFERENCES.

 * (a) .—
 * This Act may be cited as the ``Ryan White HIV/AIDS Treatment Extension Act of 2009´´.


 * (b) .—
 * 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.).

{{SECTION|SEC. 2.|SEC. 2}}. REAUTHORIZATION OF HIV HEALTH CARE SERVICES PROGRAM.

 * (a) .—


 * (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 September 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) .—
 * 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) .—
 * 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”.


 * (d) .—
 * 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) .—
 * 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) .—


 * (1) HIV/AIDS COMMUNITIES, SCHOOLS, AND CENTERS.—
 * Section 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 subsections (b)(1)(A) and (b)(1)(B) that ensures that funding is provided based on the distribution of populations disproportionately 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.
 * ``(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:


 * (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 Secretary of Health and Human Services shall submit to the appropriate 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) .—
 * 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 describing Minority AIDS Initiative activities across the Department 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.´´.

{{SECTION|SEC. 3.|SEC. 3}}. EXTENDED EXEMPTION PERIOD FOR NAMES-BASED REPORTING.

 * (a) .—
 * 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:


 * (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) .—
 * 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”;


 * (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:


 * (2) in subparagraph (E), by striking “2009” each place it appears and inserting “2012”.

{{SECTION|SEC. 4.|SEC. 4}}. EXTENSION OF TRANSITIONAL GRANT AREA STATUS.

 * (a) .—
 * 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 subparagraph (C);


 * (C) by inserting after subparagraph (A) the following:


 * (D) in subparagraph (C), as so redesignated, by striking “Subparagraph (A) does not apply” and inserting “Subparagraphs (A) and (B) do not apply”; and


 * (3) in subsection (d)(1)(B), strike “2009” and insert “2013”.


 * (b) .—
 * 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),”;


 * (2) by striking the period at the end and inserting “; and”; and


 * (3) by adding at the end the following:

{{SECTION|SEC. 5.|SEC. 5}}. HOLD HARMLESS.

 * (a) .—
 * 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:


 * (3) in subparagraph (C), by striking “2009” and inserting “2013”.


 * (b) .—
 * 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”;


 * (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:


 * (5) in clause (v), by striking “2009” and inserting “2013”.


 * (c) .—
 * 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)”.

{{SECTION|SEC. 6.|SEC. 6}}. AMENDMENTS TO THE GENERAL GRANT PROVISIONS.

 * (a) .—
 * 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 individuals 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 semicolon; and


 * (C) by adding at the end the following:


 * (b) .—
 * 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:


 * (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—


 * (c) .—
 * 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.

{{SECTION|SEC. 7.|SEC. 7}}. INCREASE IN ADJUSTMENT FOR NAMES-BASED REPORTING.

 * (a) .—


 * (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:


 * (2) SUPPLEMENTAL GRANTS.—
 * Section 2603(b)(2) (42 U.S.C. 300ff–13(b)(2)) is amended by adding at the end the following:


 * (b) .—
 * 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:

{{SECTION|SEC. 8.|SEC. 8}}. TREATMENT OF UNOBLIGATED FUNDS.

 * (a) .—
 * 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) .—


 * (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


 * (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:


 * (B) in section 2622 (42 U.S.C. 300ff–31a), by adding at the end the following:


 * (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) .—


 * (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 “unobligated balance” the following: “(less any amount of such balance that is the subject of a waiver of cancellation under subparagraph (A))”.


 * (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 “unobligated balance” the following: “(less any amount of such balance that is the subject of a waiver of cancellation under paragraph (1))”.

{{SECTION|SEC. 9.|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:

{{SECTION|SEC. 10.|SEC. 10}}. ADAP REBATE FUNDS.

 * (a) .—
 * 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. Notwithstanding 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—


 * (b) .—
 * 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)”.

{{SECTION|SEC. 11.|SEC. 11}}. APPLICATION TO PRIMARY CARE SERVICES.

 * (a) .—
 * 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:


 * (b) .—
 * 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)”.

{{SECTION|SEC. 12.|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:

{{SECTION|SEC. 13.|SEC. 13}}. NOTIFICATION OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES.

 * Title XXVI (42 U.S.C. 300ff–11 et seq.) is amended by adding at the end the following:

``

Approved October 30, 2009.

Legislative History

 * HOUSE REPORTS:
 * accompanying H.R. 3792 (Comm. on Energy and Commerce)
 * CONGRESSIONAL RECORD, Vol. 155 (2009):
 * Oct. 19, considered and passed Senate.
 * Oct. 21, considered and passed House.
 * Oct. 21, considered and passed House.

