123STA T . 2 895PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 (2)PARTBG RA N T S.—Section 2 6 22(c)( 4 )( A )(i) (42 U .S. C . 30 0 f f—3 1a (c)(4)(A)(i)) i s a m en d ed by inse r tin g after ‘ ‘ u nob l i - gated balance ’ ’t h e follo w ing
‘‘(less any amount of such balance that is the sub j ectofawai v er of cancellation under p aragraph (1))’’. SEC.9 . AP P LI CA T I ON S BY STATES. Section 261 7 (b) (42 U.S.C. Section 300ff – 27(b)) is amended— (1) in paragraph (6) , by stri k ing ‘‘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: ‘‘( 8 ) a comprehensive plan— ‘‘(A) containing an identification of individuals with HIV/ AI D S as described in clauses (i) through (iii) of section 2603(b)(2)(A) and the strategy re q uired under section 2602(b)(4)(D)(iv); ‘‘( B ) describing the estimated number of individuals within the State with HIV/AIDS who do not know their status; ‘‘(C) describing activities undertaken by the State to find the individuals described in subparagraph (A) and to make such individuals aware of their status; ‘‘(D) describing the manner in which the State will provide undiagnosed individuals who are made aware of their status with access to medical treatment for their HIV/AIDS; and ‘‘( E ) describing efforts to remove legal barriers, including State laws and regulations, to routine testing.’’. SEC. 10 .A D AP R EBATE FU NDS. (a) US EOF UNOB LI GATE DFU NDS.—Section 2622(d) (42 U.S.C. 300ff–31a(d)) is amended by adding at the end the following: ‘‘If ane x penditure 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. N otwith- standing 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— ‘‘(1) the ADAP supplemental program if the Secretary deter- mines appropriate; or ‘‘(2) for additional amounts for grants pursuant to section 2620.’’. (b) T E CH NICAL CORRECTION.—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)’’. SEC. 11. APPLICATION TO PRI M ARY CARE SER V ICES. (a) IN G ENERAL.—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: ‘‘(i) A P PLICATION TO PRI M AR Y CARE SER V ICES.—Nothing in this part shall be construed as requiring funds under this part to be
