123STA T . 2 89 3 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 wasle ss th a n70p e rc ent of the a m o u nt of fun di n g( e x clusi v e of funds that were identi - fied as b eing for purposes of the M inorit yAIDS Initiative ) that such area received under such part for fiscal year 2 00 6.’ ’. (2) S UP P LEM E NTA L GR ANT S . — Section 260 3 (b)(2) ( 4 2 U .S. C . 300ff –1 3(b)(2)) is amended by adding at the end the following
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‘(D) IN C REASE D AD J USTMENT FO R CERTA I N AREAS PRE- V IOUSL Y USING CODE- B ASED REPORTING.— F or purposes of this subsection for each of fiscal years 2010 through 2012 , the Secretary shall deem the applicable number of living cases of H I V/ AIDS in an area that were reported to and confirmed by the Centers for Disease Control and P reven- tion to be 3 percent higher than the actual number if the conditions described in items (aa) through (cc) of sub- section (a)(3)(C)(vi)(III) are all satisfied.’’. (b) PART BG RANTS.—Section 261 8 (a)(2)(D)(vi) (42 U.S.C. 300ff– 28(a)(2)(D)(vi)) is amended by adding at the end the following: ‘‘(III) INCREASED ADJUSTMENT FOR CERTAIN STATES PREVIOUSLY USING CODE-BASED REPORTING.—For purposes of this subparagraph for each of fiscal years 2010 through 2012, the Sec- retary shall deem the applicable number of living cases of HIV/AIDS in a State that were reported to and confirmed by the Centers for Disease Con- trol and Prevention to be 3 percent higher than the actual number if— ‘‘(aa) there is an area in such State that satisfies all of the conditions described in items (aa) through (cc) of section 2603(a)(3)(C)(vi)(III)
or ‘‘(bb)(AA) fiscal year 2007 was the first year in which the count of living non-AIDS cases of HIV in such area, for purposes of this part, was based on a names-based reporting system; and ‘‘(BB) the amount of funding that such State received under this part for fiscal year 2007 was less than 70 percent of the amount of funding that such State received under such part for fiscal year 2006.’’. SEC.8 . TR E A T M E N T OFU NO BLIG ATE D FUNDS. (a) E LIGIBILITY FOR SUPPLEMENTAL GRANTS.— T itle X XVI (42 U.S.C. 300ff–11 et se q .) is amended— (1) in section 2603(b)(1)(H) (42 U.S.C. 300ff–13(b)(1)(H)), by stri k ing ‘‘2 percent’’ and inserting ‘‘ 5 percent’’; and (2) in section 2620(a)(2) (42 U.S.C. 300ff–2 9 a(a)(2)), by striking ‘‘2 percent’’ and inserting ‘‘5 percent’’. (b) CORRESPONDING R EDUCTION IN FUTURE GRANT.— (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
