PUBLIC LAW 109–415—DEC. 19, 2006
120 STAT. 2769
amount made available under section 2610(b) for carrying out this subpart’’; and (B) by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (3) and (4)’’. (2) by striking the last sentence. (b) DISTRIBUTION BASED ON LIVING CASES OF HIV/AIDS.—Section 2603(a)(3) of the Public Health Service Act (42 U.S.C. 300ff– 13(a)(3)) is amended— (1) in subparagraph (B), by striking ‘‘estimated living cases of acquired immune deficiency syndrome’’ and inserting ‘‘living cases of HIV/AIDS (reported to and confirmed by the Director of the Centers for Disease Control and Prevention)’’; and (2) by striking subparagraphs (C) through (E) and inserting the following: ‘‘(C) LIVING CASES OF HIV/AIDS.— ‘‘(i) REQUIREMENT OF NAMES-BASED REPORTING.— Except as provided in clause (ii), the number determined under this subparagraph for an eligible area for a fiscal year for purposes of subparagraph (B) is the number of living names-based cases of HIV/AIDS that, as of December 31 of the most recent calendar year for which such data is available, have been reported to and confirmed by the Director of the Centers for Disease Control and Prevention. ‘‘(ii) TRANSITION PERIOD; EXEMPTION REGARDING NON-AIDS CASES.—For each of the fiscal years 2007 through 2009, an eligible area is, subject to clauses (iii) through (v), exempt from the requirement under clause (i) that living names-based non-AIDS cases of HIV be reported unless— ‘‘(I) a system was in operation as of December 31, 2005, that provides sufficiently accurate and reliable names-based reporting of such cases throughout the State in which the area is located, subject to clause (viii); or ‘‘(II) no later than the beginning of fiscal year 2008 or 2009, the Secretary, in consultation with the chief executive of the State in which the area is located, determines that a system has become operational in the State that provides sufficiently accurate and reliable names-based reporting of such cases throughout the State. ‘‘(iii) REQUIREMENTS FOR EXEMPTION FOR FISCAL YEAR 2007.—For fiscal year 2007, an exemption under clause (ii) for an eligible area applies only if, by October 1, 2006— ‘‘(I)(aa) the State in which the area is located had submitted to the Secretary a plan for making the transition to sufficiently accurate and reliable names-based reporting of living non-AIDS cases of HIV; or ‘‘(bb) all statutory changes necessary to provide for sufficiently accurate and reliable reporting of such cases had been made; and ‘‘(II) the State had agreed that, by April 1, 2008, the State will begin accurate and reliable names-based reporting of such cases, except that
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