120 STAT. 2802
PUBLIC LAW 109–415—DEC. 19, 2006 accordingly, distributed under section 2618(a)(2)(G)) is not subject to this subparagraph. ‘‘(B) 2006 ADJUSTED AMOUNT.—For purposes of subparagraph (A), the term ‘2006 adjusted amount’ means the amount appropriated for fiscal year 2006 under section 2677(b) (as such section was in effect for such fiscal year), excluding any amount appropriated for such year exclusively for carrying out section 2616 (and, accordingly, distributed under section 2618(a)(2)(I), as so in effect).’’.
SEC. 209. EARLY DIAGNOSIS GRANT PROGRAM.
Section 2625 of the Public Health Service Act (42 U.S.C. 300ff– 33) is amended to read as follows: ‘‘SEC. 2625. EARLY DIAGNOSIS GRANT PROGRAM.
‘‘(a) IN GENERAL.—In the case of States whose laws or regulations are in accordance with subsection (b), the Secretary, acting through the Centers for Disease Control and Prevention, shall make grants to such States for the purposes described in subsection (c). ‘‘(b) DESCRIPTION OF COMPLIANT STATES.—For purposes of subsection (a), the laws or regulations of a State are in accordance with this subsection if, under such laws or regulations (including programs carried out pursuant to the discretion of State officials), both of the policies described in paragraph (1) are in effect, or both of the policies described in paragraph (2) are in effect, as follows: ‘‘(1)(A) Voluntary opt-out testing of pregnant women. ‘‘(B) Universal testing of newborns. ‘‘(2)(A) Voluntary opt-out testing of clients at sexually transmitted disease clinics. ‘‘(B) Voluntary opt-out testing of clients at substance abuse treatment centers. The Secretary shall periodically ensure that the applicable policies are being carried out and recertify compliance. ‘‘(c) USE OF FUNDS.—A State may use funds provided under subsection (a) for HIV/AIDS testing (including rapid testing), prevention counseling, treatment of newborns exposed to HIV/AIDS, treatment of mothers infected with HIV/AIDS, and costs associated with linking those diagnosed with HIV/AIDS to care and treatment for HIV/AIDS. ‘‘(d) APPLICATION.—A State that is eligible for the grant under subsection (a) shall submit an application to the Secretary, in such form, in such manner, and containing such information as the Secretary may require. ‘‘(e) LIMITATION ON AMOUNT OF GRANT.—A grant under subsection (a) to a State for a fiscal year may not be made in an amount exceeding $10,000,000. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to pre-empt State laws regarding HIV/AIDS counseling and testing. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘voluntary opt-out testing’ means HIV/AIDS testing— ‘‘(A) that is administered to an individual seeking other health care services; and ‘‘(B) in which—
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