PUBLIC LAW 109–415—DEC. 19, 2006
120 STAT. 2789
this subpart, with priority given to activities described under this section.’’. SEC. 203. DISTRIBUTION OF FUNDS.
(a) DISTRIBUTION BASED ON LIVING CASES OF HIV/AIDS.— (1) STATE DISTRIBUTION FACTOR.—Section 2618(a)(2) of the Public Health Service Act (42 U.S.C. 300ff–28(a)(2)) is amended— (A) in subparagraph (B), by striking ‘‘estimated number of living cases of acquired immune deficiency syndrome in the eligible area involved’’ and inserting ‘‘number of living cases of HIV/AIDS in the State involved’’; and (B) by amending subparagraph (D) to read as follows: ‘‘(D) LIVING CASES OF HIV/AIDS.— ‘‘(i) REQUIREMENT OF NAMES-BASED REPORTING.— Except as provided in clause (ii), the number determined under this subparagraph for a State for a fiscal year for purposes of subparagraph (B) is the number of living names-based cases of HIV/AIDS in the State 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, a State is, subject to clauses (iii) through (v), exempt from the requirement under clause (i) that living non-AIDS names-based 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, subject to clause (vii); or ‘‘(II) no later than the beginning of fiscal year 2008 or 2009, the Secretary, after consultation with the chief executive of the State, 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 a State applies only if, by October 1, 2006— ‘‘(I)(aa) the State 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 such agreement is not required to provide that, as of such date, the system for such reporting
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