[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[Senate]
[Pages S11349-S11372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5212. Mr. ENSIGN (for Mr. Enzi (for himself and Mr. Kennedy) 
proposed an amendment to the bill H.R. 6143, to amend title XXVI of the 
Public Health Service Act to revise and extend the program for 
providing life-saving care for those with HIV AIDS; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Ryan White 
     HIV/AIDS Treatment Modernization Act of 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--EMERGENCY RELIEF FOR ELIGIBLE AREAS

Sec. 101. Establishment of program; general eligibility for grants.
Sec. 102. Type and distribution of grants; formula grants.
Sec. 103. Type and distribution of grants; supplemental grants.
Sec. 104. Timeframe for obligation and expenditure of grant funds.
Sec. 105. Use of amounts.
Sec. 106. Additional amendments to part A.
Sec. 107. New program in part A; transitional grants for certain areas 
              ineligible under section 2601.
Sec. 108. Authorization of appropriations for part A.

                         TITLE II--CARE GRANTS

Sec. 201. General use of grants.
Sec. 202. AIDS Drug Assistance Program.
Sec. 203. Distribution of funds.
Sec. 204. Additional amendments to subpart I of part B.
Sec. 205. Supplemental grants on basis of demonstrated need.
Sec. 206. Emerging communities.
Sec. 207. Timeframe for obligation and expenditure of grant funds.
Sec. 208. Authorization of appropriations for subpart I of part B.
Sec. 209. Early diagnosis grant program.
Sec. 210. Certain partner notification programs; authorization of 
              appropriations.

                 TITLE III--EARLY INTERVENTION SERVICES

Sec. 301. Establishment of program; core medical services.
Sec. 302. Eligible entities; preferences; planning and development 
              grants.
Sec. 303. Authorization of appropriations.
Sec. 304. Confidentiality and informed consent.
Sec. 305. Provision of certain counseling services.
Sec. 306. General provisions.

             TITLE IV--WOMEN, INFANTS, CHILDREN, AND YOUTH

Sec. 401. Women, infants, children, and youth.
Sec. 402. GAO Report.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. General provisions.

[[Page S11350]]

                  TITLE VI--DEMONSTRATION AND TRAINING

Sec. 601. Demonstration and training.
Sec. 602. AIDS education and training centers.
Sec. 603. Codification of minority AIDS initiative.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Hepatitis; use of funds.
Sec. 702. Certain references.
Sec. 703. Repeal.

              TITLE I--EMERGENCY RELIEF FOR ELIGIBLE AREAS

     SEC. 101. ESTABLISHMENT OF PROGRAM; GENERAL ELIGIBILITY FOR 
                   GRANTS.

       (a) In General.--Section 2601 of the Public Health Service 
     Act (42 U.S.C. 300ff-11) is amended by striking subsections 
     (b) through (d) and inserting the following:
       ``(b) Continued Status as Eligible Area.--Notwithstanding 
     any other provision of this section, a metropolitan area that 
     is an eligible area for a fiscal year continues to be an 
     eligible area until the metropolitan area fails, for three 
     consecutive fiscal years--
       ``(1) to meet the requirements of subsection (a); and
       ``(2) to have a cumulative total of 3,000 or more living 
     cases of AIDS (reported to and confirmed by the Director of 
     the Centers for Disease Control and Prevention) as of 
     December 31 of the most recent calendar year for which such 
     data is available.
       ``(c) Boundaries.--For purposes of determining eligibility 
     under this part--
       ``(1) with respect to a metropolitan area that received 
     funding under this part in fiscal year 2006, the boundaries 
     of such metropolitan area shall be the boundaries that were 
     in effect for such area for fiscal year 1994; or
       ``(2) with respect to a metropolitan area that becomes 
     eligible to receive funding under this part in any fiscal 
     year after fiscal year 2006, the boundaries of such 
     metropolitan area shall be the boundaries that are in effect 
     for such area when such area initially receives funding under 
     this part.''.
       (b) Technical and Conforming Amendments.--Section 2601(a) 
     of the Public Health Service Act (42 U.S.C. 300ff-11(a)) is 
     amended--
       (1) by striking ``through (d)'' and inserting ``through 
     (c)''; and
       (2) by inserting ``and confirmed by'' after ``reported 
     to''.
       (c) Definition of Metropolitan Area.--Section 2607(2) of 
     the Public Health Service Act (42 U.S.C. 300ff-17(2)) is 
     amended--
       (1) by striking ``area referred'' and inserting ``area that 
     is referred''; and
       (2) by inserting before the period the following: ``, and 
     that has a population of 50,000 or more individuals''.

     SEC. 102. TYPE AND DISTRIBUTION OF GRANTS; FORMULA GRANTS.

       (a) Distribution Percentages.--Section 2603(a)(2) of the 
     Public Health Service Act (42 U.S.C. 300ff-13(a)(2)) is 
     amended--
       (1) in the first sentence--
       (A) by striking ``50 percent of the amount appropriated 
     under section 2677'' and inserting ``66\2/3\ percent of the 
     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 such agreement is not required to 
     provide that, as of such date, the system for such reporting 
     be fully sufficient with respect to accuracy and reliability 
     throughout the area.

       ``(iv) Requirement for exemption as of fiscal year 2008.--
     For each of the fiscal years 2008 through 2010, an exemption 
     under clause (ii) for an eligible area applies only if, as of 
     April 1, 2008, the State in which the area is located is 
     substantially in compliance with the agreement under clause 
     (iii)(II).
       ``(v) Progress toward names-based reporting.--For fiscal 
     year 2009, the Secretary may terminate an exemption under 
     clause (ii) for an eligible area if the State in which the 
     area is located submitted a plan under clause (iii)(I)(aa) 
     and the Secretary determines that the State is not 
     substantially following the plan.
       ``(vi) Counting of cases in areas with exemptions.--

       ``(I) In general.--With respect to an eligible area that is 
     under a reporting system for living non-AIDS cases of HIV 
     that is not names-based (referred to in this subparagraph as 
     `code-based reporting'), the Secretary shall, for purposes of 
     this subparagraph, modify the number of such cases reported 
     for the eligible area in order to adjust for duplicative 
     reporting in and among systems that use code-based reporting.
       ``(II) Adjustment rate.--The adjustment rate under 
     subclause (I) for an eligible area shall be a reduction of 5 
     percent in the number of living non-AIDS cases of HIV 
     reported for the area.

       ``(vii) Multiple political jurisdictions.--With respect to 
     living non-AIDS cases of HIV, if an eligible area is not 
     entirely within one political jurisdiction and as a result is 
     subject to more than one reporting system for purposes of 
     this subparagraph:

       ``(I) Names-based reporting under clause (i) applies in a 
     jurisdictional portion of the area, or an exemption under 
     clause (ii) applies in such portion (subject to applicable 
     provisions of this subparagraph), according to whether names-
     based reporting or code-based reporting is used in such 
     portion.
       ``(II) If under subclause (I) both names-based reporting 
     and code-based reporting apply in the area, the number of 
     code-based cases shall be reduced under clause (vi).

       ``(viii) List of eligible areas meeting standard regarding 
     december 31, 2005.--

       ``(I) In general.--If an eligible area or portion thereof 
     is in a State specified in subclause (II), the eligible area 
     or portion shall be considered to meet the standard described 
     in clause (ii)(I). No other eligible area or portion thereof 
     may be considered to meet such standard.
       ``(II) Relevant states.--For purposes of subclause (I), the 
     States specified in this subclause are the following: Alaska, 
     Alabama, Arkansas, Arizona, Colorado, Florida, Indiana, Iowa, 
     Idaho, Kansas, Louisiana, Michigan, Minnesota, Missouri, 
     Mississippi, North Carolina, North Dakota, Nebraska, New 
     Jersey, New Mexico, New York, Nevada, Ohio, Oklahoma, South 
     Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, 
     Wisconsin, West Virginia, Wyoming, Guam, and the Virgin 
     Islands.

       ``(ix) Rules of construction regarding acceptance of 
     reports.--

       ``(I) Cases of aids.--With respect to an eligible area that 
     is subject to the requirement under clause (i) and is not in 
     compliance with the requirement for names-based reporting of 
     living non-AIDS cases of HIV, the Secretary shall, 
     notwithstanding such noncompliance, accept reports of living 
     cases of AIDS that are in accordance with such clause.
       ``(II) Applicability of exemption requirements.--The 
     provisions of clauses (ii) through (viii) may not be 
     construed as having any legal effect for fiscal year 2010 or 
     any subsequent fiscal year, and accordingly, the status of a 
     State for purposes of such clauses may not be considered 
     after fiscal year 2009.

       ``(x) Program for detecting inaccurate or fraudulent 
     counting.--The Secretary shall carry out a program to monitor 
     the reporting of names-based cases for purposes of this 
     subparagraph and to detect instances of inaccurate reporting, 
     including fraudulent reporting.''.
       (c) Code-Based Areas; Limitation on Increase in Grant.--
     Section 2603(a)(3) of the Public Health Service Act (42 
     U.S.C. 300ff-13(a)), as amended by subsection (b)(2) of this 
     section, is amended by adding at the end the following 
     subparagraph:
       ``(D) Code-based areas; limitation on increase in grant .--
       ``(i) In general.--For each of the fiscal years 2007 
     through 2009, if code-based reporting (within the meaning of 
     subparagraph (C)(vi)) applies in an eligible area or any 
     portion thereof as of the beginning of the fiscal year 
     involved, then notwithstanding any other provision of this 
     paragraph, the amount of the grant pursuant to this paragraph 
     for such area for such fiscal year may not--

       ``(I) for fiscal year 2007, exceed by more than 5 percent 
     the amount of the grant for the area that would have been 
     made pursuant to this paragraph and paragraph (4) for

[[Page S11351]]

     fiscal year 2006 (as such paragraphs were in effect for such 
     fiscal year) if paragraph (2) (as so in effect) had been 
     applied by substituting `66\2/3\ percent' for `50 percent'; 
     and
       ``(II) for each of the fiscal years 2008 and 2009, exceed 
     by more than 5 percent the amount of the grant pursuant to 
     this paragraph and paragraph (4) for the area for the 
     preceding fiscal year.

       ``(ii) Use of amounts involved.--For each of the fiscal 
     years 2007 through 2009, amounts available as a result of the 
     limitation under clause (i) shall be made available by the 
     Secretary as additional amounts for grants pursuant to 
     subsection (b) for the fiscal year involved, subject to 
     paragraph (4) and section 2610(d)(2).''.
       (d) Hold Harmless.--Section 2603(a) of the Public Health 
     Service Act (42 U.S.C. 300ff-13(a)) is amended--
       (1) in paragraph (3)(A)--
       (A) in clause (ii), by striking the period at the end and 
     inserting a semicolon; and
       (B) by inserting after and below clause (ii) the following:
     ``which product shall then, as applicable, be increased under 
     paragraph (4).''.
       (2) by amending paragraph (4) to read as follows:
       ``(4) Increases in grant.--
       ``(A) In general.--For each eligible area that received a 
     grant pursuant to this subsection for fiscal year 2006, the 
     Secretary shall, for each of the fiscal years 2007 through 
     2009, increase the amount of the grant made pursuant to 
     paragraph (3) for the area to ensure that the amount of the 
     grant for the fiscal year involved is not less than the 
     following amount, as applicable to such fiscal year:
       ``(i) For fiscal year 2007, an amount equal to 95 percent 
     of the amount of the grant that would have been made pursuant 
     to paragraph (3) and this paragraph for fiscal year 2006 (as 
     such paragraphs were in effect for such fiscal year) if 
     paragraph (2) (as so in effect) had been applied by 
     substituting `66\2/3\ percent' for `50 percent'.
       ``(ii) For each of the fiscal years 2008 and 2009, an 
     amount equal to 100 percent of the amount of the grant made 
     pursuant to paragraph (3) and this paragraph for fiscal year 
     2007.
       ``(B) Source of funds for increase.--
       ``(i) In general.--From the amounts available for carrying 
     out the single program referred to in section 2609(d)(2)(C) 
     for a fiscal year (relating to supplemental grants), the 
     Secretary shall make available such amounts as may be 
     necessary to comply with subparagraph (A), subject to section 
     2610(d)(2).
       ``(ii) Pro rata reduction.--If the amounts referred to in 
     clause (i) for a fiscal year are insufficient to fully comply 
     with subparagraph (A) for the year, the Secretary, in order 
     to provide the additional funds necessary for such 
     compliance, shall reduce on a pro rata basis the amount of 
     each grant pursuant to this subsection for the fiscal year, 
     other than grants for eligible areas for which increases 
     under subparagraph (A) apply. A reduction under the preceding 
     sentence may not be made in an amount that would result in 
     the eligible area involved becoming eligible for such an 
     increase.
       ``(C) Limitation.--This paragraph may not be construed as 
     having any applicability after fiscal year 2009.''.

     SEC. 103. TYPE AND DISTRIBUTION OF GRANTS; SUPPLEMENTAL 
                   GRANTS.

       Section 2603(b) of the Public Health Service Act (42 U.S.C. 
     300ff-13(b)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Not later than'' and all that follows through ``the 
     Secretary shall'' and inserting the following: ``Subject to 
     subsection (a)(4)(B)(i) and section 2610(d), the Secretary 
     shall'';
       (B) in subparagraph (B), by striking ``demonstrates the 
     severe need in such area'' and inserting ``demonstrates the 
     need in such area, on an objective and quantified basis,'';
       (C) by striking subparagraph (F) and inserting the 
     following:
       ``(F) demonstrates the inclusiveness of affected 
     communities and individuals with HIV/AIDS;'';
       (D) in subparagraph (G), by striking the period and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(H) demonstrates the ability of the applicant to expend 
     funds efficiently by not having had, for the most recent 
     grant year under subsection (a) for which data is available, 
     more than 2 percent of grant funds under such subsection 
     canceled or covered by any waivers under subsection 
     (c)(3).''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``severe need'' and 
     inserting ``demonstrated need'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Demonstrated need.--The factors considered by the 
     Secretary in determining whether an eligible area has a 
     demonstrated need for purposes of paragraph (1)(B) may 
     include any or all of the following:
       ``(i) The unmet need for such services, as determined under 
     section 2602(b)(4) or other community input process as 
     defined under section 2609(d)(1)(A).
       ``(ii) An increasing need for HIV/AIDS-related services, 
     including relative rates of increase in the number of cases 
     of HIV/AIDS.
       ``(iii) The relative rates of increase in the number of 
     cases of HIV/AIDS within new or emerging subpopulations.
       ``(iv) The current prevalence of HIV/AIDS.
       ``(v) Relevant factors related to the cost and complexity 
     of delivering health care to individuals with HIV/AIDS in the 
     eligible area.
       ``(vi) The impact of co-morbid factors, including co-
     occurring conditions, determined relevant by the Secretary.
       ``(vii) The prevalence of homelessness.
       ``(viii) The prevalence of individuals described under 
     section 2602(b)(2)(M).
       ``(ix) The relevant factors that limit access to health 
     care, including geographic variation, adequacy of health 
     insurance coverage, and language barriers.
       ``(x) The impact of a decline in the amount received 
     pursuant to subsection (a) on services available to all 
     individuals with HIV/AIDS identified and eligible under this 
     title.''; and
       (C) by striking subparagraphs (C) and (D) and inserting the 
     following:
       ``(C) Priority in making grants.--The Secretary shall 
     provide funds under this subsection to an eligible area to 
     address the decline or disruption of all EMA-provided 
     services related to the decline in the amounts received 
     pursuant to subsection (a) consistent with the grant award 
     for the eligible area for fiscal year 2006, to the extent 
     that the factor under subparagraph (B)(x) (relating to a 
     decline in funding) applies to the eligible area.''.

     SEC. 104. TIMEFRAME FOR OBLIGATION AND EXPENDITURE OF GRANT 
                   FUNDS.

       Section 2603 of the Public Health Service Act (42 U.S.C. 
     300ff-13) is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following:
       ``(c) Timeframe for Obligation and Expenditure of Grant 
     Funds.--
       ``(1) Obligation by end of grant year.--Effective for 
     fiscal year 2007 and subsequent fiscal years, funds from a 
     grant award made pursuant to subsection (a) or (b) for a 
     fiscal year are available for obligation by the eligible area 
     involved through the end of the one-year period beginning on 
     the date in such fiscal year on which funds from the award 
     first become available to the area (referred to in this 
     subsection as the `grant year for the award'), except as 
     provided in paragraph (3)(A).
       ``(2) Supplemental grants; cancellation of unobligated 
     balance of grant award.--Effective for fiscal year 2007 and 
     subsequent fiscal years, if a grant award made pursuant to 
     subsection (b) for an eligible area for a fiscal year has an 
     unobligated balance as of the end of the grant year for the 
     award--
       ``(A) the Secretary shall cancel that unobligated balance 
     of the award, and shall require the eligible area to return 
     any amounts from such balance that have been disbursed to the 
     area; and
       ``(B) the funds involved shall be made available by the 
     Secretary as additional amounts for grants pursuant to 
     subsection (b) for the first fiscal year beginning after the 
     fiscal year in which the Secretary obtains the information 
     necessary for determining that the balance is required under 
     subparagraph (A) to be canceled, except that the availability 
     of the funds for such grants is subject to subsection (a)(4) 
     and section 2610(d)(2) as applied for such year.
       ``(3) Formula grants; cancellation of unobligated balance 
     of grant award; waiver permitting carryover.--
       ``(A) In general.--Effective for fiscal year 2007 and 
     subsequent fiscal years, if a grant award made pursuant to 
     subsection (a) for an eligible area for a fiscal year has an 
     unobligated balance as of the end of the grant year for the 
     award, the Secretary shall cancel that unobligated balance of 
     the award, and shall require the eligible area to return any 
     amounts from such balance that have been disbursed to the 
     area, unless--
       ``(i) before the end of the grant year, the chief elected 
     official of the area submits to the Secretary a written 
     application for a waiver of the cancellation, which 
     application includes a description of the purposes for which 
     the area intends to expend the funds involved; and
       ``(ii) the Secretary approves the waiver.
       ``(B) Expenditure by end of carryover year.--With respect 
     to a waiver under subparagraph (A) that is approved for a 
     balance that is unobligated as of the end of a grant year for 
     an award:
       ``(i) The unobligated funds are available for expenditure 
     by the eligible area involved for the one-year period 
     beginning upon the expiration of the grant year (referred to 
     in this subsection as the `carryover year').
       ``(ii) If the funds are not expended by the end of the 
     carryover year, the Secretary shall cancel that unexpended 
     balance of the award, and shall require the eligible area to 
     return any amounts from such balance that have been disbursed 
     to the area.
       ``(C) Use of cancelled balances.--In the case of any 
     balance of a grant award that is cancelled under subparagraph 
     (A) or (B)(ii), the grant funds involved shall be made 
     available by the Secretary as additional amounts for grants 
     pursuant to subsection (b) for the first fiscal year 
     beginning after the fiscal year in which the Secretary 
     obtains the information necessary for determining that the 
     balance is required under such subparagraph to be canceled, 
     except that the availability of the funds for such grants is 
     subject to subsection (a)(4) and section 2610(d)(2) as 
     applied for such year.
       ``(D) Corresponding reduction in future grant.--
       ``(i) In general.--In the case of an eligible area for 
     which a balance from a grant award

[[Page S11352]]

     under subsection (a) is unobligated as of the end of the 
     grant year for the award--

       ``(I) the Secretary shall reduce, by the same amount as 
     such unobligated balance, the amount of the grant under such 
     subsection for the first fiscal year beginning after the 
     fiscal year in which the Secretary obtains the information 
     necessary for determining that such balance was unobligated 
     as of the end of the grant year (which requirement for a 
     reduction applies without regard to whether a waiver under 
     subparagraph (A) has been approved with respect to such 
     balance); and
       ``(II) the grant funds involved in such reduction shall be 
     made available by the Secretary as additional funds for 
     grants pursuant to subsection (b) for such first fiscal year, 
     subject to subsection (a)(4) and section 2610(d)(2);

     except that this clause does not apply to the eligible area 
     if the amount of the unobligated balance was 2 percent or 
     less.
       ``(ii) Relation to increases in grant.--A reduction under 
     clause (i) for an eligible area for a fiscal year may not be 
     taken into account in applying subsection (a)(4) with respect 
     to the area for the subsequent fiscal year.''; and
       (3) by adding at the end the following:
       ``(e) Report on the Awarding of Supplemental Funds.--Not 
     later than 45 days after the awarding of supplemental funds 
     under this section, the Secretary shall submit to Congress a 
     report concerning such funds. Such report shall include 
     information detailing--
       ``(1) the total amount of supplemental funds available 
     under this section for the year involved;
       ``(2) the amount of supplemental funds used in accordance 
     with the hold harmless provisions of subsection (a)(4);
       ``(3) the amount of supplemental funds disbursed pursuant 
     to subsection (b)(2)(C);
       ``(4) the disbursement of the remainder of the supplemental 
     funds after taking into account the uses described in 
     paragraphs (2) and (3); and
       ``(5) the rationale used for the amount of funds disbursed 
     as described under paragraphs (2), (3), and (4).''.

     SEC. 105. USE OF AMOUNTS.

       Section 2604 of the Public Health Service Act (42 U.S.C. 
     300ff-14) is amended to read as follows:

     ``SEC. 2604. USE OF AMOUNTS.

       ``(a) Requirements.--The Secretary may not make a grant 
     under section 2601(a) to the chief elected official of an 
     eligible area unless such political subdivision agrees that--
       ``(1) subject to paragraph (2), the allocation of funds and 
     services within the eligible area will be made in accordance 
     with the priorities established, pursuant to section 
     2602(b)(4)(C), by the HIV health services planning council 
     that serves such eligible area;
       ``(2) funds provided under section 2601 will be expended 
     only for--
       ``(A) core medical services described in subsection (c);
       ``(B) support services described in subsection (d); and
       ``(C) administrative expenses described in subsection (h); 
     and
       ``(3) the use of such funds will comply with the 
     requirements of this section.
       ``(b) Direct Financial Assistance to Appropriate 
     Entities.--
       ``(1) In general.--The chief elected official of an 
     eligible area shall use amounts from a grant under section 
     2601 to provide direct financial assistance to entities 
     described in paragraph (2) for the purpose of providing core 
     medical services and support services.
       ``(2) Appropriate entities.--Direct financial assistance 
     may be provided under paragraph (1) to public or nonprofit 
     private entities, or private for-profit entities if such 
     entities are the only available provider of quality HIV care 
     in the area.
       ``(c) Required Funding for Core Medical Services.--
       ``(1) In general.--With respect to a grant under section 
     2601 for an eligible area for a grant year, the chief elected 
     official of the area shall, of the portion of the grant 
     remaining after reserving amounts for purposes of paragraphs 
     (1) and (5)(B)(i) of subsection (h), use not less than 75 
     percent to provide core medical services that are needed in 
     the eligible area for individuals with HIV/AIDS who are 
     identified and eligible under this title (including services 
     regarding the co-occurring conditions of the individuals).
       ``(2) Waiver.--
       ``(A) In general.--The Secretary shall waive the 
     application of paragraph (1) with respect to a chief elected 
     official for a grant year if the Secretary determines that, 
     within the eligible area involved--
       ``(i) there are no waiting lists for AIDS Drug Assistance 
     Program services under section 2616; and
       ``(ii) core medical services are available to all 
     individuals with HIV/AIDS identified and eligible under this 
     title.
       ``(B) Notification of waiver status.--When informing the 
     chief elected official of an eligible area that a grant under 
     section 2601 is being made for the area for a grant year, the 
     Secretary shall inform the official whether a waiver under 
     subparagraph (A) is in effect for such year.
       ``(3) Core medical services.--For purposes of this 
     subsection, the term `core medical services', with respect to 
     an individual with HIV/AIDS (including the co-occurring 
     conditions of the individual), means the following services:
       ``(A) Outpatient and ambulatory health services.
       ``(B) AIDS Drug Assistance Program treatments in accordance 
     with section 2616.
       ``(C) AIDS pharmaceutical assistance.
       ``(D) Oral health care.
       ``(E) Early intervention services described in subsection 
     (e).
       ``(F) Health insurance premium and cost sharing assistance 
     for low-income individuals in accordance with section 2615.
       ``(G) Home health care.
       ``(H) Medical nutrition therapy.
       ``(I) Hospice services.
       ``(J) Home and community-based health services as defined 
     under section 2614(c).
       ``(K) Mental health services.
       ``(L) Substance abuse outpatient care.
       ``(M) Medical case management, including treatment 
     adherence services.
       ``(d) Support Services.--
       ``(1) In general.--For purposes of this section, the term 
     `support services' means services, subject to the approval of 
     the Secretary, that are needed for individuals with HIV/AIDS 
     to achieve their medical outcomes (such as respite care for 
     persons caring for individuals with HIV/AIDS, outreach 
     services, medical transportation, linguistic services, and 
     referrals for health care and support services).
       ``(2) Medical outcomes.--In this subsection, the term 
     `medical outcomes' means those outcomes affecting the HIV-
     related clinical status of an individual with HIV/AIDS.
       ``(e) Early Intervention Services.--
       ``(1) In general.--For purposes of this section, the term 
     `early intervention services' means HIV/AIDS early 
     intervention services described in section 2651(e), with 
     follow-up referral provided for the purpose of facilitating 
     the access of individuals receiving the services to HIV-
     related health services. The entities through which such 
     services may be provided under the grant include public 
     health departments, emergency rooms, substance abuse and 
     mental health treatment programs, detoxification centers, 
     detention facilities, clinics regarding sexually transmitted 
     diseases, homeless shelters, HIV/AIDS counseling and testing 
     sites, health care points of entry specified by eligible 
     areas, federally qualified health centers, and entities 
     described in section 2652(a) that constitute a point of 
     access to services by maintaining referral relationships.
       ``(2) Conditions.--With respect to an entity that proposes 
     to provide early intervention services under paragraph (1), 
     such paragraph shall apply only if the entity demonstrates to 
     the satisfaction of the chief elected official for the 
     eligible area involved that--
       ``(A) Federal, State, or local funds are otherwise 
     inadequate for the early intervention services the entity 
     proposes to provide; and
       ``(B) the entity will expend funds pursuant to such 
     paragraph to supplement and not supplant other funds 
     available to the entity for the provision of early 
     intervention services for the fiscal year involved.
       ``(f) Priority for Women, Infants, Children, and Youth.--
       ``(1) In general.--For the purpose of providing health and 
     support services to infants, children, youth, and women with 
     HIV/AIDS, including treatment measures to prevent the 
     perinatal transmission of HIV, the chief elected official of 
     an eligible area, in accordance with the established 
     priorities of the planning council, shall for each of such 
     populations in the eligible area use, from the grants made 
     for the area under section 2601(a) for a fiscal year, not 
     less than the percentage constituted by the ratio of the 
     population involved (infants, children, youth, or women in 
     such area) with HIV/AIDS to the general population in such 
     area of individuals with HIV/AIDS.
       ``(2) Waiver.--With respect to the population involved, the 
     Secretary may provide to the chief elected official of an 
     eligible area a waiver of the requirement of paragraph (1) if 
     such official demonstrates to the satisfaction of the 
     Secretary that the population is receiving HIV-related health 
     services through the State medicaid program under title XIX 
     of the Social Security Act, the State children's health 
     insurance program under title XXI of such Act, or other 
     Federal or State programs.
       ``(g) Requirement of Status as Medicaid Provider.--
       ``(1) Provision of service.--Subject to paragraph (2), the 
     Secretary may not make a grant under section 2601(a) for the 
     provision of services under this section in a State unless, 
     in the case of any such service that is available pursuant to 
     the State plan approved under title XIX of the Social 
     Security Act for the State--
       ``(A) the political subdivision involved will provide the 
     service directly, and the political subdivision has entered 
     into a participation agreement under the State plan and is 
     qualified to receive payments under such plan; or
       ``(B) the political subdivision will enter into an 
     agreement with a public or nonprofit private entity under 
     which the entity will provide the service, and the entity has 
     entered into such a participation agreement and is qualified 
     to receive such payments.
       ``(2) Waiver.--
       ``(A) In general.--In the case of an entity making an 
     agreement pursuant to paragraph (1)(B) regarding the 
     provision of services, the requirement established in such 
     paragraph shall be waived by the HIV health services planning 
     council for the eligible area if the entity does not, in 
     providing health care services, impose a charge or accept 
     reimbursement available from any third-party

[[Page S11353]]

     payor, including reimbursement under any insurance policy or 
     under any Federal or State health benefits program.
       ``(B) Determination.--A determination by the HIV health 
     services planning council of whether an entity referred to in 
     subparagraph (A) meets the criteria for a waiver under such 
     subparagraph shall be made without regard to whether the 
     entity accepts voluntary donations for the purpose of 
     providing services to the public.
       ``(h) Administration.--
       ``(1) Limitation.--The chief elected official of an 
     eligible area shall not use in excess of 10 percent of 
     amounts received under a grant under this part for 
     administrative expenses.
       ``(2) Allocations by chief elected official.--In the case 
     of entities and subcontractors to which the chief elected 
     official of an eligible area allocates amounts received by 
     the official under a grant under this part, the official 
     shall ensure that, of the aggregate amount so allocated, the 
     total of the expenditures by such entities for administrative 
     expenses does not exceed 10 percent (without regard to 
     whether particular entities expend more than 10 percent for 
     such expenses).
       ``(3) Administrative activities.--For purposes of paragraph 
     (1), amounts may be used for administrative activities that 
     include--
       ``(A) routine grant administration and monitoring 
     activities, including the development of applications for 
     part A funds, the receipt and disbursal of program funds, the 
     development and establishment of reimbursement and accounting 
     systems, the development of a clinical quality management 
     program as described in paragraph (5), the preparation of 
     routine programmatic and financial reports, and compliance 
     with grant conditions and audit requirements; and
       ``(B) all activities associated with the grantee's contract 
     award procedures, including the activities carried out by the 
     HIV health services planning council as established under 
     section 2602(b), the development of requests for proposals, 
     contract proposal review activities, negotiation and awarding 
     of contracts, monitoring of contracts through telephone 
     consultation, written documentation or onsite visits, 
     reporting on contracts, and funding reallocation activities.
       ``(4) Subcontractor administrative activities.--For the 
     purposes of this subsection, subcontractor administrative 
     activities include--
       ``(A) usual and recognized overhead activities, including 
     established indirect rates for agencies;
       ``(B) management oversight of specific programs funded 
     under this title; and
       ``(C) other types of program support such as quality 
     assurance, quality control, and related activities.
       ``(5) Clinical quality management.--
       ``(A) Requirement.--The chief elected official of an 
     eligible area that receives a grant under this part shall 
     provide for the establishment of a clinical quality 
     management program to assess the extent to which HIV health 
     services provided to patients under the grant are consistent 
     with the most recent Public Health Service guidelines for the 
     treatment of HIV/AIDS and related opportunistic infection, 
     and as applicable, to develop strategies for ensuring that 
     such services are consistent with the guidelines for 
     improvement in the access to and quality of HIV health 
     services.
       ``(B) Use of funds.--
       ``(i) In general.--From amounts received under a grant 
     awarded under this subpart for a fiscal year, the chief 
     elected official of an eligible area may use for activities 
     associated with the clinical quality management program 
     required in subparagraph (A) not to exceed the lesser of--

       ``(I) 5 percent of amounts received under the grant; or
       ``(II) $3,000,000.

       ``(ii) Relation to limitation on administrative expenses.--
     The costs of a clinical quality management program under 
     subparagraph (A) may not be considered administrative 
     expenses for purposes of the limitation established in 
     paragraph (1).
       ``(i) Construction.--A chief elected official may not use 
     amounts received under a grant awarded under this part to 
     purchase or improve land, or to purchase, construct, or 
     permanently improve (other than minor remodeling) any 
     building or other facility, or to make cash payments to 
     intended recipients of services.''.

     SEC. 106. ADDITIONAL AMENDMENTS TO PART A.

       (a) Reporting of Cases.--Section 2601(a) of the Public 
     Health Service Act (42 U.S.C. 300ff-11(a)) is amended by 
     striking ``for the most recent period'' and inserting 
     ``during the most recent period''.
       (b) Planning Council Representation.--Section 2602(b)(2)(G) 
     of the Public Health Service Act (42 U.S.C. 300ff-
     12(b)(2)(G)) is amended by inserting ``, members of a 
     Federally recognized Indian tribe as represented in the 
     population, individuals co-infected with hepatitis B or C'' 
     after ``disease''.
       (c) Application for Grant.--
       (1) Payer of last resort.--Section 2605(a)(6)(A) of the 
     Public Health Service Act (42 U.S.C. 300ff-15(a)(6)(A)) is 
     amended by inserting ``(except for a program administered by 
     or providing the services of the Indian Health Service)'' 
     before the semicolon.
       (2) Audits.--Section 2605(a) of the Public Health Service 
     Act (42 U.S.C. 300ff-15(a)) is amended--
       (A) in paragraph (8), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(10) that the chief elected official will submit to the 
     lead State agency under section 2617(b)(4), audits, 
     consistent with Office of Management and Budget circular 
     A133, regarding funds expended in accordance with this part 
     every 2 years and shall include necessary client-based data 
     to compile unmet need calculations and Statewide coordinated 
     statements of need process.''.
       (3) Coordination.--Section 2605(b) of the Public Health 
     Service Act (42 U.S.C. 300ff-15(b)) is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following:
       ``(5) the manner in which the expected expenditures are 
     related to the planning process for States that receive 
     funding under part B (including the planning process 
     described in section 2617(b)); and
       ``(6) the expected expenditures and how those expenditures 
     will improve overall client outcomes, as described under the 
     State plan under section 2617(b), and through additional 
     outcomes measures as identified by the HIV health services 
     planning council under section 2602(b).''.

     SEC. 107. NEW PROGRAM IN PART A; TRANSITIONAL GRANTS FOR 
                   CERTAIN AREAS INELIGIBLE UNDER SECTION 2601.

       (a) In General.--Part A of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-11) is amended--
       (1) by inserting after the part heading the following:

              ``Subpart I--General Grant Provisions''; and

       (2) by adding at the end the following:

                   ``Subpart II--Transitional Grants

     ``SEC. 2609. ESTABLISHMENT OF PROGRAM.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall make grants for the purpose of 
     providing services described in section 2604 in transitional 
     areas, subject to the same provisions regarding the 
     allocation of grant funds as apply under subsection (c) of 
     such section.
       ``(b) Transitional Areas.--For purposes of this section, 
     the term `transitional area' means, subject to subsection 
     (c), a metropolitan area for which there has been reported to 
     and confirmed by the Director of the Centers for Disease 
     Control and Prevention a cumulative total of at least 1,000, 
     but fewer than 2,000, cases of AIDS during the most recent 
     period of 5 calendar years for which such data are available.
       ``(c) Certain Eligibility Rules.--
       ``(1) Fiscal year 2007.--With respect to grants under 
     subsection (a) for fiscal year 2007, a metropolitan area that 
     received funding under subpart I for fiscal year 2006 but 
     does not for fiscal year 2007 qualify under such subpart as 
     an eligible area and does not qualify under subsection (b) as 
     a transitional area shall, notwithstanding subsection (b), be 
     considered a transitional area.
       ``(2) Continued status as transitional area.--
       ``(A) In general.--Notwithstanding subsection (b), a 
     metropolitan area that is a transitional area for a fiscal 
     year continues, except as provided in subparagraph (B), to be 
     a transitional area until the metropolitan area fails, for 
     three consecutive fiscal years--
       ``(i) to qualify under such subsection as a transitional 
     area; and
       ``(ii) to have a cumulative total of 1,500 or more living 
     cases of AIDS (reported to and confirmed by the Director of 
     the Centers for Disease Control and Prevention) as of 
     December 31 of the most recent calendar year for which such 
     data is available.
       ``(B) Exception regarding status as eligible area.--
     Subparagraph (A) does not apply for a fiscal year if the 
     metropolitan area involved qualifies under subpart I as an 
     eligible area.
       ``(d) Application of Certain Provisions of Subpart I.--
       ``(1) Administration; planning council.--
       ``(A) In general.--The provisions of section 2602 apply 
     with respect to a grant under subsection (a) for a 
     transitional area to the same extent and in the same manner 
     as such provisions apply with respect to a grant under 
     subpart I for an eligible area, except that, subject to 
     subparagraph (B), the chief elected official of the 
     transitional area may elect not to comply with the provisions 
     of section 2602(b) if the official provides documentation to 
     the Secretary that details the process used to obtain 
     community input (particularly from those with HIV) in the 
     transitional area for formulating the overall plan for 
     priority setting and allocating funds from the grant under 
     subsection (a).
       ``(B) Exception.--For each of the fiscal years 2007 through 
     2009, the exception described in subparagraph (A) does not 
     apply if the transitional area involved received funding 
     under subpart I for fiscal year 2006.
       ``(2) Type and distribution of grants; timeframe for 
     obligation and expenditure of grant funds.--
       ``(A) Formula grants; supplemental grants.--The provisions 
     of section 2603 apply with respect to grants under subsection 
     (a) to the same extent and in the same manner as such 
     provisions apply with respect to grants under subpart I, 
     subject to subparagraphs (B) and (C).

[[Page S11354]]

       ``(B) Formula grants; increase in grant.--For purposes of 
     subparagraph (A), section 2603(a)(4) does not apply.
       ``(C) Supplemental grants; single program with subpart i 
     program.--With respect to section 2603(b) as applied for 
     purposes of subparagraph (A):
       ``(i) The Secretary shall combine amounts available 
     pursuant to such subparagraph with amounts available for 
     carrying out section 2603(b) and shall administer the two 
     programs as a single program.
       ``(ii) In the single program, the Secretary has discretion 
     in allocating amounts between eligible areas under subpart I 
     and transitional areas under this section, subject to the 
     eligibility criteria that apply under such section, and 
     subject to section 2603(b)(2)(C) (relating to priority in 
     making grants).
       ``(iii) Pursuant to section 2603(b)(1), amounts for the 
     single program are subject to use under sections 2603(a)(4) 
     and 2610(d)(1).
       ``(3) Application; technical assistance; definitions.--The 
     provisions of sections 2605, 2606, and 2607 apply with 
     respect to grants under subsection (a) to the same extent and 
     in the same manner as such provisions apply with respect to 
     grants under subpart I.''.
       (b) Conforming Amendments.--Subpart I of part A of title 
     XXVI of the Public Health Service Act, as designated by 
     subsection (a)(1) of this section, is amended by striking 
     ``this part'' each place such term appears and inserting 
     ``this subpart''.

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR PART A.

       Part A of title XXVI of the Public Health Service Act, as 
     amended by section 106(a), is amended by adding at the end 
     the following:

                   ``Subpart III--General Provisions

     ``SEC. 2610. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $604,000,000 
     for fiscal year 2007, $626,300,000 for fiscal year 2008, and 
     $649,500,000 for fiscal year 2009. Amounts appropriated under 
     the preceding sentence for a fiscal year are available for 
     obligation by the Secretary until the end of the second 
     succeeding fiscal year.
       ``(b) Reservation of Amounts.--
       ``(1) Fiscal year 2007.--Of the amount appropriated under 
     subsection (a) for fiscal year 2007, the Secretary shall 
     reserve--
       ``(A) $458,310,000 for grants under subpart I; and
       ``(B) $145,690,000 for grants under section 2609.
       ``(2) Subsequent fiscal years.--Of the amount appropriated 
     under subsection (a) for fiscal year 2008 and each subsequent 
     fiscal year--
       ``(A) the Secretary shall reserve an amount for grants 
     under subpart I; and
       ``(B) the Secretary shall reserve an amount for grants 
     under section 2609.
       ``(c) Transfer of Certain Amounts; Change in Status as 
     Eligible Area or Transitional Area.--Notwithstanding 
     subsection (b):
       ``(1) If a metropolitan area is an eligible area under 
     subpart I for a fiscal year, but for a subsequent fiscal year 
     ceases to be an eligible area by reason of section 2601(b)--
       ``(A)(i) the amount reserved under paragraph (1)(A) or 
     (2)(A) of subsection (b) of this section for the first such 
     subsequent year of not being an eligible area is deemed to be 
     reduced by an amount equal to the amount of the grant made 
     pursuant to section 2603(a) for the metropolitan area for the 
     preceding fiscal year; and
       ``(ii)(I) if the metropolitan area qualifies for such first 
     subsequent fiscal year as a transitional area under 2609, the 
     amount reserved under paragraph (1)(B) or (2)(B) of 
     subsection (b) for such fiscal year is deemed to be increased 
     by an amount equal to the amount of the reduction under 
     subparagraph (A) for such year; or
       ``(II) if the metropolitan area does not qualify for such 
     first subsequent fiscal year as a transitional area under 
     2609, an amount equal to the amount of such reduction is, 
     notwithstanding subsection (a), transferred and made 
     available for grants pursuant to section 2618(a)(1), in 
     addition to amounts available for such grants under section 
     2623; and
       ``(B) if a transfer under subparagraph (A)(ii)(II) is made 
     with respect to the metropolitan area for such first 
     subsequent fiscal year, then--
       ``(i) the amount reserved under paragraph (1)(A) or (2)(A) 
     of subsection (b) of this section for such year is deemed to 
     be reduced by an additional $500,000; and
       ``(ii) an amount equal to the amount of such additional 
     reduction is, notwithstanding subsection (a), transferred and 
     made available for grants pursuant to section 2618(a)(1), in 
     addition to amounts available for such grants under section 
     2623.
       ``(2) If a metropolitan area is a transitional area under 
     section 2609 for a fiscal year, but for a subsequent fiscal 
     year ceases to be a transitional area by reason of section 
     2609(c)(2) (and does not qualify for such subsequent fiscal 
     year as an eligible area under subpart I)--
       ``(A) the amount reserved under subsection (b)(2)(B) of 
     this section for the first such subsequent fiscal year of not 
     being a transitional area is deemed to be reduced by an 
     amount equal to the total of--
       ``(i) the amount of the grant that, pursuant to section 
     2603(a), was made under section 2609(d)(2)(A) for the 
     metropolitan area for the preceding fiscal year; and
       ``(ii) $500,000; and
       ``(B) an amount equal to the amount of the reduction under 
     subparagraph (A) for such year is, notwithstanding subsection 
     (a), transferred and made available for grants pursuant to 
     section 2618(a)(1), in addition to amounts available for such 
     grants under section 2623.
       ``(3) If a metropolitan area is a transitional area under 
     section 2609 for a fiscal year, but for a subsequent fiscal 
     year qualifies as an eligible area under subpart I--
       ``(A) the amount reserved under subsection (b)(2)(B) of 
     this section for the first such subsequent fiscal year of 
     becoming an eligible area is deemed to be reduced by an 
     amount equal to the amount of the grant that, pursuant to 
     section 2603(a), was made under section 2609(d)(2)(A) for the 
     metropolitan area for the preceding fiscal year; and
       ``(B) the amount reserved under subsection (b)(2)(A) for 
     such fiscal year is deemed to be increased by an amount equal 
     to the amount of the reduction under subparagraph (A) for 
     such year.
       ``(d) Certain Transfers; Allocations Between Programs Under 
     Subpart I.--With respect to paragraphs (1)(B)(i) and 
     (2)(A)(ii) of subsection (c), the Secretary shall administer 
     any reductions under such paragraphs for a fiscal year in 
     accordance with the following:
       ``(1) The reductions shall be made from amounts available 
     for the single program referred to in section 2609(d)(2)(C) 
     (relating to supplemental grants).
       ``(2) The reductions shall be made before the amounts 
     referred to in paragraph (1) are used for purposes of section 
     2603(a)(4).
       ``(3) If the amounts referred to in paragraph (1) are not 
     sufficient for making all the reductions, the reductions 
     shall be reduced until the total amount of the reductions 
     equals the total of the amounts referred to in such 
     paragraph.
       ``(e) Rules of Construction Regarding First Subsequent 
     Fiscal Year.--Paragraphs (1) and (2) of subsection (c) apply 
     with respect to each series of fiscal years during which a 
     metropolitan area is an eligible area under subpart I or a 
     transitional area under section 2609 for a fiscal year and 
     then for a subsequent fiscal year ceases to be such an area 
     by reason of section 2601(b) or 2609(c)(2), respectively, 
     rather than applying to a single such series. Paragraph (3) 
     of subsection (c) applies with respect to each series of 
     fiscal years during which a metropolitan area is a 
     transitional area under section 2609 for a fiscal year and 
     then for a subsequent fiscal year becomes an eligible area 
     under subpart I, rather than applying to a single such 
     series.''.

                         TITLE II--CARE GRANTS

     SEC. 201. GENERAL USE OF GRANTS.

       (a) In General.--Section 2612 of the Public Health Service 
     Act (42 U.S.C. 300ff-22) is amended to read as follows:

     ``SEC. 2612. GENERAL USE OF GRANTS.

       ``(a) In General.--A State may use amounts provided under 
     grants made under section 2611 for--
       ``(1) core medical services described in subsection (b);
       ``(2) support services described in subsection (c); and
       ``(3) administrative expenses described in section 
     2618(b)(3).
       ``(b) Required Funding for Core Medical Services.--
       ``(1) In general.--With respect to a grant under section 
     2611 for a State for a grant year, the State shall, of the 
     portion of the grant remaining after reserving amounts for 
     purposes of subparagraphs (A) and (E)(ii)(I) of section 
     2618(b)(3), use not less than 75 percent to provide core 
     medical services that are needed in the State for individuals 
     with HIV/AIDS who are identified and eligible under this 
     title (including services regarding the co-occurring 
     conditions of the individuals).
       ``(2) Waiver.--
       ``(A) In general.--The Secretary shall waive the 
     application of paragraph (1) with respect to a State for a 
     grant year if the Secretary determines that, within the 
     State--
       ``(i) there are no waiting lists for AIDS Drug Assistance 
     Program services under section 2616; and
       ``(ii) core medical services are available to all 
     individuals with HIV/AIDS identified and eligible under this 
     title.
       ``(B) Notification of waiver status.--When informing a 
     State that a grant under section 2611 is being made to the 
     State for a fiscal year, the Secretary shall inform the State 
     whether a waiver under subparagraph (A) is in effect for the 
     fiscal year.
       ``(3) Core medical services.--For purposes of this 
     subsection, the term `core medical services', with respect to 
     an individual infected with HIV/AIDS (including the co-
     occurring conditions of the individual) means the following 
     services:
       ``(A) Outpatient and ambulatory health services.
       ``(B) AIDS Drug Assistance Program treatments in accordance 
     with section 2616.
       ``(C) AIDS pharmaceutical assistance.
       ``(D) Oral health care.
       ``(E) Early intervention services described in subsection 
     (d).
       ``(F) Health insurance premium and cost sharing assistance 
     for low-income individuals in accordance with section 2615.
       ``(G) Home health care.
       ``(H) Medical nutrition therapy.
       ``(I) Hospice services.
       ``(J) Home and community-based health services as defined 
     under section 2614(c).

[[Page S11355]]

       ``(K) Mental health services.
       ``(L) Substance abuse outpatient care.
       ``(M) Medical case management, including treatment 
     adherence services.
       ``(c) Support Services.--
       ``(1) In general.--For purposes of this subsection, the 
     term `support services' means services, subject to the 
     approval of the Secretary, that are needed for individuals 
     with HIV/AIDS to achieve their medical outcomes (such as 
     respite care for persons caring for individuals with HIV/
     AIDS, outreach services, medical transportation, linguistic 
     services, and referrals for health care and support 
     services).
       ``(2) Definition of medical outcomes.--In this subsection, 
     the term `medical outcomes' means those outcomes affecting 
     the HIV-related clinical status of an individual with HIV/
     AIDS.
       ``(d) Early Intervention Services.--
       ``(1) In general.--For purposes of this section, the term 
     `early intervention services' means HIV/AIDS early 
     intervention services described in section 2651(e), with 
     follow-up referral provided for the purpose of facilitating 
     the access of individuals receiving the services to HIV-
     related health services. The entities through which such 
     services may be provided under the grant include public 
     health departments, emergency rooms, substance abuse and 
     mental health treatment programs, detoxification centers, 
     detention facilities, clinics regarding sexually transmitted 
     diseases, homeless shelters, HIV/AIDS counseling and testing 
     sites, health care points of entry specified by States, 
     federally qualified health centers, and entities described in 
     section 2652(a) that constitute a point of access to services 
     by maintaining referral relationships.
       ``(2) Conditions.--With respect to an entity that proposes 
     to provide early intervention services under paragraph (1), 
     such paragraph shall apply only if the entity demonstrates to 
     the satisfaction of the chief elected official for the State 
     involved that--
       ``(A) Federal, State, or local funds are otherwise 
     inadequate for the early intervention services the entity 
     proposes to provide; and
       ``(B) the entity will expend funds pursuant to such 
     subparagraph to supplement and not supplant other funds 
     available to the entity for the provision of early 
     intervention services for the fiscal year involved.
       ``(e) Priority for Women, Infants, Children, and Youth.--
       ``(1) In general.--For the purpose of providing health and 
     support services to infants, children, youth, and women with 
     HIV/AIDS, including treatment measures to prevent the 
     perinatal transmission of HIV, a State shall for each of such 
     populations in the eligible area use, from the grants made 
     for the area under section 2601(a) for a fiscal year, not 
     less than the percentage constituted by the ratio of the 
     population involved (infants, children, youth, or women in 
     such area) with HIV/AIDS to the general population in such 
     area of individuals with HIV/AIDS.
       ``(2) Waiver.--With respect to the population involved, the 
     Secretary may provide to a State a waiver of the requirement 
     of paragraph (1) if such State demonstrates to the 
     satisfaction of the Secretary that the population is 
     receiving HIV-related health services through the State 
     medicaid program under title XIX of the Social Security Act, 
     the State children's health insurance program under title XXI 
     of such Act, or other Federal or State programs.
       ``(f) Construction.--A State may not use amounts received 
     under a grant awarded under section 2611 to purchase or 
     improve land, or to purchase, construct, or permanently 
     improve (other than minor remodeling) any building or other 
     facility, or to make cash payments to intended recipients of 
     services.''.
       (b) HIV Care Consortia.--Section 2613 of the Public Health 
     Service Act (42 U.S.C. 300ff-23) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1)--
       (A) by striking ``may use'' and inserting ``may, subject to 
     subsection (f), use''; and
       (B) by striking ``section 2612(a)(1)'' and inserting 
     ``section 2612(a)''; and
       (2) by adding at the end the following subsection:
       ``(f) Allocation of Funds; Treatment as Support Services.--
     For purposes of the requirement of section 2612(b)(1), 
     expenditures of grants under section 2611 for or through 
     consortia under this section are deemed to be support 
     services, not core medical services. The preceding sentence 
     may not be construed as having any legal effect on the 
     provisions of subsection (a) that relate to authorized 
     expenditures of the grant.''.
       (c) Technical Amendments.--Part B of title XXVI of the 
     Public Health Service Act (42 U.S.C. 300ff-21 et seq.) is 
     amended--
       (1) in section 2611--
       (A) in subsection (a), by striking the subsection 
     designation and heading; and
       (B) by striking subsection (b);
       (2) in section 2614--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``section 2612(a)(2)'' and inserting 
     ``section 2612(b)(3)(J)''; and
       (B) in subsection (c)(2)(B), by striking ``homemaker or'';
       (3) in section 2615(a) by striking ``section 2612(a)(3)'' 
     and inserting ``section 2612(b)(3)(F)''; and
       (4) in section 2616(a) by striking ``section 2612(a)(5)'' 
     and inserting ``section 2612(b)(3)(B)''.

     SEC. 202. AIDS DRUG ASSISTANCE PROGRAM.

       (a) Requirement of Minimum Drug List.--Section 2616 of the 
     Public Health Service Act (42 U.S.C. 300ff-26) is amended--
       (1) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) ensure that the therapeutics included on the list of 
     classes of core antiretroviral therapeutics established by 
     the Secretary under subsection (e) are, at a minimum, the 
     treatments provided by the State pursuant to this section;'';
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following:
       ``(e) List of Classes of Core Antiretroviral 
     Therapeutics.--For purposes of subsection (c)(1), the 
     Secretary shall develop and maintain a list of classes of 
     core antiretroviral therapeutics, which list shall be based 
     on the therapeutics included in the guidelines of the 
     Secretary known as the Clinical Practice Guidelines for Use 
     of HIV/AIDS Drugs, relating to drugs needed to manage 
     symptoms associated with HIV. The preceding sentence does not 
     affect the authority of the Secretary to modify such 
     Guidelines.''.
       (b) Drug Rebate Program.--Section 2616 of the Public Health 
     Service Act, as amended by subsection (a)(2) of this section, 
     is amended by adding at the end the following:
       ``(g) Drug Rebate Program.--A State shall ensure that any 
     drug rebates received on drugs purchased from funds provided 
     pursuant to this section are applied to activities supported 
     under 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 
     be fully sufficient with respect to accuracy and reliability 
     throughout the area.

       ``(iv) Requirement for exemption as of fiscal year 2008.--
     For each of the fiscal years 2008 through 2010, an exemption 
     under clause (ii) for a State applies only if, as of April 1, 
     2008, the State is substantially in compliance with the 
     agreement under clause (iii)(II).
       ``(v) Progress toward names-based reporting.--For fiscal 
     year 2009, the Secretary may terminate an exemption under 
     clause (ii) for a State if the State submitted a plan under 
     clause (iii)(I)(aa) and the Secretary determines that the 
     State is not substantially following the plan.
       ``(vi) Counting of cases in areas with exemptions.--

       ``(I) In general.--With respect to a State that is under a 
     reporting system for living non-AIDS cases of HIV that is not 
     names-based (referred to in this subparagraph as `code-based 
     reporting'), the Secretary shall, for purposes of this 
     subparagraph, modify the number of such cases reported for 
     the State in order to adjust for duplicative reporting in and 
     among systems that use code-based reporting.
       ``(II) Adjustment rate.--The adjustment rate under 
     subclause (I) for a State shall be

[[Page S11356]]

     a reduction of 5 percent in the number of living non-AIDS 
     cases of HIV reported for the State.

       ``(vii) List of states meeting standard regarding december 
     31, 2005.--

       ``(I) In general.--If a State is specified in subclause 
     (II), the State shall be considered to meet the standard 
     described in clause (ii)(I). No other State may be considered 
     to meet such standard.
       ``(II) Relevant states.--For purposes of subclause (I), the 
     States specified in this subclause are the following: Alaska, 
     Alabama, Arkansas, Arizona, Colorado, Florida, Indiana, Iowa, 
     Idaho, Kansas, Louisiana, Michigan, Minnesota, Missouri, 
     Mississippi, North Carolina, North Dakota, Nebraska, New 
     Jersey, New Mexico, New York, Nevada, Ohio, Oklahoma, South 
     Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, 
     Wisconsin, West Virginia, Wyoming, Guam, and the Virgin 
     Islands.

       ``(viii) Rules of construction regarding acceptance of 
     reports.--

       ``(I) Cases of aids.--With respect to a State that is 
     subject to the requirement under clause (i) and is not in 
     compliance with the requirement for names-based reporting of 
     living non-AIDS cases of HIV, the Secretary shall, 
     notwithstanding such noncompliance, accept reports of living 
     cases of AIDS that are in accordance with such clause.
       ``(II) Applicability of exemption requirements.--The 
     provisions of clauses (ii) through (vii) may not be construed 
     as having any legal effect for fiscal year 2010 or any 
     subsequent fiscal year, and accordingly, the status of a 
     State for purposes of such clauses may not be considered 
     after fiscal year 2009.

       ``(ix) Program for detecting inaccurate or fraudulent 
     counting.--The Secretary shall carry out a program to monitor 
     the reporting of names-based cases for purposes of this 
     subparagraph and to detect instances of inaccurate reporting, 
     including fraudulent reporting.''.
       (2) Non-ema distribution factor.--Section 2618(a)(2)(C) of 
     the Public Health Service Act (42 U.S.C. 300ff-28(a)(2)(C)) 
     is amended--
       (A) in clause (i), by striking ``estimated number of living 
     cases of acquired immune deficiency syndrome'' each place 
     such term appears and inserting ``number of living cases of 
     HIV/AIDS''; and
       (B) in clause (ii), by amending such clause to read as 
     follows:
       ``(ii) a number equal to the sum of--

       ``(I) the total number of living cases of HIV/AIDS that are 
     within areas in such State that are eligible areas under 
     subpart I of part A for the fiscal year involved, which 
     individual number for an area is the number that applies 
     under section 2601 for the area for such fiscal year; and
       ``(II) the total number of such cases that are within areas 
     in such State that are transitional areas under section 2609 
     for such fiscal year, which individual number for an area is 
     the number that applies under such section for the fiscal 
     year.''.

       (b) Formula Amendments Generally.--Section 2618(a)(2) of 
     the Public Health Service Act (42 U.S.C. 300ff-28(a)(2)) is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``The amount referred to'' in the matter 
     preceding clause (i) and all that follows through the end of 
     clause (i) and inserting the following: ``For purposes of 
     paragraph (1), the amount referred to in this paragraph for a 
     State (including a territory) for a fiscal year is, subject 
     to subparagraphs (E) and (F)--
       ``(i) an amount equal to the amount made available under 
     section 2623 for the fiscal year involved for grants pursuant 
     to paragraph (1), subject to subparagraph (G); and''; and
       (B) in clause (ii)--
       (i) in subclause (I)--

       (I) by striking ``.80'' and inserting ``0.75''; and
       (II) by striking ``and'' at the end;

       (ii) in subclause (II)--

       (I) by inserting ``non-EMA'' after ``respective''; and
       (II) by striking the period and inserting ``; and''; and

       (iii) by adding at the end the following:

       ``(III) if the State does not for such fiscal year contain 
     any area that is an eligible area under subpart I of part A 
     or any area that is a transitional area under section 2609 
     (referred to in this subclause as a `no-EMA State'), the 
     product of 0.05 and the ratio of the number of cases that 
     applies for the State under subparagraph (D) to the sum of 
     the respective numbers of cases that so apply for all no-EMA 
     States.'';

       (2) by striking subparagraphs (E) through (H);
       (3) by inserting after subparagraph (D) the following 
     subparagraphs:
       ``(E) Code-based states; limitation on increase in grant.--
       ``(i) In general.--For each of the fiscal years 2007 
     through 2009, if code-based reporting (within the meaning of 
     subparagraph (D)(vi)) applies in a State as of the beginning 
     of the fiscal year involved, then notwithstanding any other 
     provision of this paragraph, the amount of the grant pursuant 
     to paragraph (1) for the State may not for the fiscal year 
     involved exceed by more than 5 percent the amount of the 
     grant pursuant to this paragraph for the State for the 
     preceding fiscal year, except that the limitation under this 
     clause may not result in a grant pursuant to paragraph (1) 
     for a fiscal year that is less than the minimum amount that 
     applies to the State under such paragraph for such fiscal 
     year.
       ``(ii) Use of amounts involved.--For each of the fiscal 
     years 2007 through 2009, amounts available as a result of the 
     limitation under clause (i) shall be made available by the 
     Secretary as additional amounts for grants pursuant to 
     section 2620, subject to subparagraph (H).''; and
       (4) by redesignating subparagraph (I) as subparagraph (F).
       (c) Separate ADAP Grants.--Section 2618(a)(2)(G) of the 
     Public Health Service Act (42 U.S.C. 300ff-28(a)(2)(G)), as 
     redesignated by subsection (b)(4) of this section, is 
     amended--
       (1) in clause (i)--
       (A) in the matter preceding subclause (I), by striking 
     ``section 2677'' and inserting ``section 2623'';
       (B) in subclause (II), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding after and below subclause (II) the following:
     ``which product shall then, as applicable, be increased under 
     subparagraph (H).'';
       (2) in clause (ii)--
       (A) by striking subclauses (I) through (III) and inserting 
     the following:

       ``(I) In general.--From amounts made available under 
     subclause (V), the Secretary shall award supplemental grants 
     to States described in subclause (II) to enable such States 
     to purchase and distribute to eligible individuals under 
     section 2616(b) pharmaceutical therapeutics described under 
     subsections (c)(2) and (e) of such section.
       ``(II) Eligible states.--For purposes of subclause (I), a 
     State shall be an eligible State if the State did not have 
     unobligated funds subject to reallocation under section 
     2618(d) in the previous fiscal year and, in accordance with 
     criteria established by the Secretary, demonstrates a severe 
     need for a grant under this clause. For purposes of 
     determining severe need, the Secretary shall consider 
     eligibility standards, formulary composition, the number of 
     eligible individuals to whom a State is unable to provide 
     therapeutics described in section 2616(a), and an 
     unanticipated increase of eligible individuals with HIV/AIDS.
       ``(III) State requirements.--The Secretary may not make a 
     grant to a State under this clause unless the State agrees 
     that the State will make available (directly or through 
     donations of public or private entities) non-Federal 
     contributions toward the activities to be carried out under 
     the grant in an amount equal to $1 for each $4 of Federal 
     funds provided in the grant, except that the Secretary may 
     waive this subclause if the State has otherwise fully 
     complied with section 2617(d) with respect to the grant year 
     involved. The provisions of this subclause shall apply to 
     States that are not required to comply with such section 
     2617(d).''.

       (B) in subclause (IV), by moving the subclause two ems to 
     the left;
       (C) in subclause (V), by striking ``3 percent'' and 
     inserting ``5 percent''; and
       (D) by striking subclause (VI); and
       (3) by adding at the end the following clause:
       ``(iii) Code-based states; limitation on increase in 
     formula grant.--The limitation under subparagraph (E)(i) 
     applies to grants pursuant to clause (i) of this subparagraph 
     to the same extent and in the same manner as such limitation 
     applies to grants pursuant to paragraph (1), except that the 
     reference to minimum grants does not apply for purposes of 
     this clause. Amounts available as a result of the limitation 
     under the preceding sentence shall be made available by the 
     Secretary as additional amounts for grants under clause (ii) 
     of this subparagraph.''.
       (d) Hold Harmless.--Section 2618(a)(2) of the Public Health 
     Service Act (42 U.S.C. 300ff-28(a)(2)), as amended by 
     subsection (b)(4) of this section, is amended by adding at 
     the end the following subparagraph:
       ``(H) Increase in formula grants.--
       ``(i) Assurance of amount.--

       ``(I) General rule.--For fiscal year 2007, the Secretary 
     shall ensure, subject to clauses (ii) through (iv), that the 
     total for a State of the grant pursuant to paragraph (1) and 
     the grant pursuant to subparagraph (G) is not less than 95 
     percent of such total for the State for fiscal year 2006.
       ``(II) Rule of construction.--With respect to the 
     application of subclause (I), the 95 percent requirement 
     under such subclause shall apply with respect to each grant 
     awarded under paragraph (1) and with respect to each grant 
     awarded under subparagraph (G).

       ``(ii) Fiscal year 2007.--For purposes of clause (i) as 
     applied for fiscal year 2007, the references in such clause 
     to subparagraph (G) are deemed to be references to 
     subparagraph (I) as such subparagraph was in effect for 
     fiscal year 2006.
       ``(iii) Fiscal years 2008 and 2009.--For each of the fiscal 
     years 2008 and 2009, the Secretary shall ensure that the 
     total for a State of the grant pursuant to paragraph (1) and 
     the grant pursuant to subparagraph (G) is not less than 100 
     percent of such total for the State for fiscal year 2007.
       ``(iv) Source of funds for increase.--

       ``(I) In general.--From the amount reserved under section 
     2623(b)(2) for a fiscal year, and from amounts available for 
     such section pursuant to subsection (d) of this section, the 
     Secretary shall make available such amounts as may be 
     necessary to comply with clause (i).
       ``(II) Pro rata reduction.--If the amounts referred to in 
     subclause (I) for a fiscal year are insufficient to fully 
     comply with clause (i) for the year, the Secretary, in order 
     to provide the additional funds necessary for such 
     compliance, shall reduce on a pro rata

[[Page S11357]]

     basis the amount of each grant pursuant to paragraph (1) for 
     the fiscal year, other than grants for States for which 
     increases under clause (i) apply and other than States 
     described in paragraph (1)(A)(i)(I). A reduction under the 
     preceding sentence may not be made in an amount that would 
     result in the State involved becoming eligible for such an 
     increase.

       ``(v) Applicability.--This paragraph may not be construed 
     as having any applicability after fiscal year 2009.''.
       (e) Administrative Expenses; Clinical Quality Management.--
     Section 2618(b) of the Public Health Service Act (42 U.S.C. 
     300ff-28(b)) is amended--
       (1) by redesignating paragraphs (2) through (7) as 
     paragraphs (1) through (6);
       (2) in paragraph (2) (as so redesignated)--
       (A) by striking ``paragraph (5)'' and inserting ``paragraph 
     (4)''; and
       (B) by striking ``paragraph (6)'' and inserting ``paragraph 
     (5)'';
       (3) in paragraph (3) (as so redesignated)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) In general.--Subject to paragraph (4,) and except as 
     provided in paragraph (5), a State may not use more than 10 
     percent of amounts received under a grant awarded under 
     section 2611 for administration.'';
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) Allocations.--In the case of entities and 
     subcontractors to which a State allocates amounts received by 
     the State under a grant under section 2611, the State shall 
     ensure that, of the aggregate amount so allocated, the total 
     of the expenditures by such entities for administrative 
     expenses does not exceed 10 percent (without regard to 
     whether particular entities expend more than 10 percent for 
     such expenses).'';
       (D) in subparagraph (C) (as so redesignated), by inserting 
     before the period the following: ``, including a clinical 
     quality management program under subparagraph (E)''; and
       (E) by adding at the end the following:
       ``(E) Clinical quality management.--
       ``(i) Requirement.--Each State that receives a grant under 
     section 2611 shall provide for the establishment of a 
     clinical quality management program to assess the extent to 
     which HIV health services provided to patients under the 
     grant are consistent with the most recent Public Health 
     Service guidelines for the treatment of HIV/AIDS and related 
     opportunistic infection, and as applicable, to develop 
     strategies for ensuring that such services are consistent 
     with the guidelines for improvement in the access to and 
     quality of HIV health services.
       ``(ii) Use of funds.--

       ``(I) In general.--From amounts received under a grant 
     awarded under section 2611 for a fiscal year, a State may use 
     for activities associated with the clinical quality 
     management program required in clause (i) not to exceed the 
     lesser of--

       ``(aa) 5 percent of amounts received under the grant; or
       ``(bb) $3,000,000.

       ``(II) Relation to limitation on administrative expenses.--
     The costs of a clinical quality management program under 
     clause (i) may not be considered administrative expenses for 
     purposes of the limitation established in subparagraph 
     (A).'';

       (4) in paragraph (4) (as so redesignated)--
       (A) by striking ``paragraph (6)'' and inserting ``paragraph 
     (5)''; and
       (B) by striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraphs (2) and (3)''; and
       (5) in paragraph (5) (as so redesignated), by striking 
     ``paragraphs (3)'' and all that follows through ``(5),'' and 
     inserting the following: ``paragraphs (2) and (3), may, 
     notwithstanding paragraphs (2) through (4),''.
       (f) Reallocation for Supplemental Grants.--Section 2618(d) 
     of the Public Health Service Act (42 U.S.C. 300ff-28(d)) is 
     amended to read as follows:
       ``(d) Reallocation.--Any portion of a grant made to a State 
     under section 2611 for a fiscal year that has not been 
     obligated as described in subsection (c) ceases to be 
     available to the State and shall be made available by the 
     Secretary for grants under section 2620, in addition to 
     amounts made available for such grants under section 
     2623(b)(2).''.
       (g) Definitions; Other Technical Amendments.--Section 
     2618(a) of the Public Health Service Act (42 U.S.C. 300ff-
     28(a)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``section 2677'' and inserting ``section 
     2623'';
       (2) in paragraph (1)(A)--
       (A) in the matter preceding clause (i), by striking ``each 
     of the several States and the District of Columbia'' and 
     inserting ``each of the 50 States, the District of Columbia, 
     Guam, and the Virgin Islands (referred to in this paragraph 
     as a `covered State')''; and
       (B) in clause (i)--
       (i) in subclause (I), by striking ``State or District'' and 
     inserting ``covered State''; and
       (ii) in subclause (II)--

       (I) by striking ``State or District'' and inserting 
     ``covered State''; and
       (II) by inserting ``and'' after the semicolon; and

       (3) in paragraph (1)(B), by striking ``each territory of 
     the United States, as defined in paragraph (3),'' and 
     inserting ``each territory other than Guam and the Virgin 
     Islands'';
       (4) in paragraph (2)(C)(i), by striking ``or territory''; 
     and
       (5) by striking paragraph (3).

     SEC. 204. ADDITIONAL AMENDMENTS TO SUBPART I OF PART B.

       (a) References to Part B.--Subpart I of part B of title 
     XXVI of the Public Health Service Act (42 U.S.C. 300ff-21 et 
     seq.) is amended by striking ``this part'' each place such 
     term appears and inserting ``section 2611''.
       (b) Hepatitis.--Section 2614(a)(3) of the Public Health 
     Service Act (42 U.S.C. 300ff-24(a)(3)) is amended by 
     inserting ``, including specialty care and vaccinations for 
     hepatitis co-infection,'' after ``health services''.
       (c) Application for Grant.--
       (1) Coordination.--Section 2617(b) of the Public Health 
     Service Act (42 U.S.C. 300ff-27(b)) is amended--
       (A) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively;
       (B) by inserting after paragraph (3), the following:
       ``(4) the designation of a lead State agency that shall--
       ``(A) administer all assistance received under this part;
       ``(B) conduct the needs assessment and prepare the State 
     plan under paragraph (3);
       ``(C) prepare all applications for assistance under this 
     part;
       ``(D) receive notices with respect to programs under this 
     title;
       ``(E) every 2 years, collect and submit to the Secretary 
     all audits, consistent with Office of Management and Budget 
     circular A133, from grantees within the State, including 
     audits regarding funds expended in accordance with this part; 
     and
       ``(F) carry out any other duties determined appropriate by 
     the Secretary to facilitate the coordination of programs 
     under this title.'';
       (C) in paragraph (5) (as so redesignated)--
       (i) in subparagraph (E), by striking ``and'' at the end; 
     and
       (ii) by inserting after subparagraph (F) the following:
       ``(G) includes key outcomes to be measured by all entities 
     in the State receiving assistance under this title; and''; 
     and
       (D) in paragraph (7) (as so redesignated), in subparagraph 
     (A)--
       (i) by striking ``paragraph (5)'' and inserting ``paragraph 
     (6)''; and
       (ii) by striking ``paragraph (4)'' and inserting 
     ``paragraph (5)''.
       (2) Native american representation.--Section 2617(b)(6) of 
     the Public Health Service Act, as redesignated by paragraph 
     (1)(A) of this subsection, is amended by inserting before 
     ``representatives of grantees'' the following: ``members of a 
     Federally recognized Indian tribe as represented in the 
     State,''.
       (3) Payer of last resort.--Section 2617(b)(7)(F)(ii) of the 
     Public Health Service Act, as redesignated by paragraph 
     (1)(A) of this subsection, is amended by inserting before the 
     semicolon the following: ``(except for a program administered 
     by or providing the services of the Indian Health Service)''.
       (d) Matching Funds; Applicability of Requirement.--Section 
     2617(d)(3) of the Public Health Service Act (42 U.S.C. 300ff-
     27(d)(3)) is amended--
       (1) in subparagraph (A), by striking ``acquired immune 
     deficiency syndrome'' and inserting ``HIV/AIDS''; and
       (2) in subparagraph (C), by striking ``acquired immune 
     deficiency syndrome'' and inserting ``HIV/AIDS''.

     SEC. 205. SUPPLEMENTAL GRANTS ON BASIS OF DEMONSTRATED NEED.

       Subpart I of part B of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-21 et seq.) is amended--
       (1) by redesignating section 2620 as section 2621; and
       (2) by inserting after section 2619 the following:

     ``SEC. 2620. SUPPLEMENTAL GRANTS.

       ``(a) In General.--For the purpose of providing services 
     described in section 2612(a), the Secretary shall make grants 
     to States--
       ``(1) whose applications under section 2617 have 
     demonstrated the need in the State, on an objective and 
     quantified basis, for supplemental financial assistance to 
     provide such services; and
       ``(2) that did not, for the most recent grant year pursuant 
     to section 2618(a)(1) or 2618(a)(2)(G)(i) for which data is 
     available, have more than 2 percent of grant funds under such 
     sections canceled or covered by any waivers under section 
     2622(c).
       ``(b) Demonstrated Need.--The factors considered by the 
     Secretary in determining whether an eligible area has a 
     demonstrated need for purposes of subsection (a)(1) may 
     include any or all of the following:
       ``(1) The unmet need for such services, as determined under 
     section 2617(b).
       ``(2) An increasing need for HIV/AIDS-related services, 
     including relative rates of increase in the number of cases 
     of HIV/AIDS.
       ``(3) The relative rates of increase in the number of cases 
     of HIV/AIDS within new or emerging subpopulations.
       ``(4) The current prevalence of HIV/AIDS.
       ``(5) Relevant factors related to the cost and complexity 
     of delivering health care to individuals with HIV/AIDS in the 
     eligible area.
       ``(6) The impact of co-morbid factors, including co-
     occurring conditions, determined relevant by the Secretary.
       ``(7) The prevalence of homelessness.
       ``(8) The prevalence of individuals described under section 
     2602(b)(2)(M).

[[Page S11358]]

       ``(9) The relevant factors that limit access to health 
     care, including geographic variation, adequacy of health 
     insurance coverage, and language barriers.
       ``(10) The impact of a decline in the amount received 
     pursuant to section 2618 on services available to all 
     individuals with HIV/AIDS identified and eligible under this 
     title.
       ``(c) Priority in Making Grants.--The Secretary shall 
     provide funds under this section to a State to address the 
     decline in services related to the decline in the amounts 
     received pursuant to section 2618 consistent with the grant 
     award to the State for fiscal year 2006, to the extent that 
     the factor under subsection (b)(10) (relating to a decline in 
     funding) applies to the State.
       ``(d) Report on the Awarding of Supplemental Funds.--Not 
     later than 45 days after the awarding of supplemental funds 
     under this section, the Secretary shall submit to Congress a 
     report concerning such funds. Such report shall include 
     information detailing--
       ``(1) the total amount of supplemental funds available 
     under this section for the year involved;
       ``(2) the amount of supplemental funds used in accordance 
     with the hold harmless provisions of section 2618(a)(2);
       ``(3) the amount of supplemental funds disbursed pursuant 
     to subsection (c);
       ``(4) the disbursement of the remainder of the supplemental 
     funds after taking into account the uses described in 
     paragraphs (2) and (3); and
       ``(5) the rationale used for the amount of funds disbursed 
     as described under paragraphs (2), (3), and (4).
       ``(e) Core Medical Services.--The provisions of section 
     2612(b) apply with respect to a grant under this section to 
     the same extent and in the same manner as such provisions 
     apply with respect to a grant made pursuant to section 
     2618(a)(1).
       ``(f) Applicability of Grant Authority.--The authority to 
     make grants under this section applies beginning with the 
     first fiscal year for which amounts are made available for 
     such grants under section 2623(b)(1).''.

     SEC. 206. EMERGING COMMUNITIES.

       Section 2621 of the Public Health Service Act, as 
     redesignated by section 205(1) of this Act, is amended--
       (1) in the heading for the section, by striking 
     ``SUPPLEMENTAL GRANTS'' and inserting ``EMERGING 
     COMMUNITIES'';
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) agree that the grant will be used to provide funds 
     directly to emerging communities in the State, separately 
     from other funds under this title that are provided by the 
     State to such communities; and''.
       (3) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Definitions of Emerging Community.--For purposes of 
     this section, the term `emerging community' means a 
     metropolitan area (as defined in section 2607) for which 
     there has been reported to and confirmed by the Director of 
     the Centers for Disease Control and Prevention a cumulative 
     total of at least 500, but fewer than 1,000, cases of AIDS 
     during the most recent period of 5 calendar years for which 
     such data are available.
       ``(e) Continued Status as Emerging Community.--
     Notwithstanding any other provision of this section, a 
     metropolitan area that is an emerging community for a fiscal 
     year continues to be an emerging community until the 
     metropolitan area fails, for three consecutive fiscal years--
       ``(1) to meet the requirements of subsection (d); and
       ``(2) to have a cumulative total of 750 or more living 
     cases of AIDS (reported to and confirmed by the Director of 
     the Centers for Disease Control and Prevention) as of 
     December 31 of the most recent calendar year for which such 
     data is available.
       ``(f) Distribution.--The amount of a grant under subsection 
     (a) for a State for a fiscal year shall be an amount equal to 
     the product of--
       ``(1) the amount available under section 2623(b)(1) for the 
     fiscal year; and
       ``(2) a percentage equal to the ratio constituted by the 
     number of living cases of HIV/AIDS in emerging communities in 
     the State to the sum of the respective numbers of such cases 
     in such communities for all States.''.

     SEC. 207. TIMEFRAME FOR OBLIGATION AND EXPENDITURE OF GRANT 
                   FUNDS.

       Subpart I of part B of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-21 et seq.), as amended by 
     section 205, is further amended by adding at the end the 
     following:

     ``SEC. 2622. TIMEFRAME FOR OBLIGATION AND EXPENDITURE OF 
                   GRANT FUNDS.

       ``(a) Obligation by End of Grant Year.--Effective for 
     fiscal year 2007 and subsequent fiscal years, funds from a 
     grant award made to a State for a fiscal year pursuant to 
     section 2618(a)(1) or 2618(a)(2)(G), or under section 2620 or 
     2621, are available for obligation by the State through the 
     end of the one-year period beginning on the date in such 
     fiscal year on which funds from the award first become 
     available to the State (referred to in this section as the 
     `grant year for the award'), except as provided in subsection 
     (c)(1).
       ``(b) Supplemental Grants; Cancellation of Unobligated 
     Balance of Grant Award.--Effective for fiscal year 2007 and 
     subsequent fiscal years, if a grant award made to a State for 
     a fiscal year pursuant to section 2618(a)(2)(G)(ii), or under 
     section 2620 or 2621, has an unobligated balance as of the 
     end of the grant year for the award--
       ``(1) the Secretary shall cancel that unobligated balance 
     of the award, and shall require the State to return any 
     amounts from such balance that have been disbursed to the 
     State; and
       ``(2) the funds involved shall be made available by the 
     Secretary as additional amounts for grants pursuant to 
     section 2620 for the first fiscal year beginning after the 
     fiscal year in which the Secretary obtains the information 
     necessary for determining that the balance is required under 
     paragraph (1) to be canceled, except that the availability of 
     the funds for such grants is subject to section 2618(a)(2)(H) 
     as applied for such year.
       ``(c) Formula Grants; Cancellation of Unobligated Balance 
     of Grant Award; Waiver Permitting Carryover.--
       ``(1) In general.--Effective for fiscal year 2007 and 
     subsequent fiscal years, if a grant award made to a State for 
     a fiscal year pursuant to section 2618(a)(1) or 
     2618(a)(2)(G)(i) has an unobligated balance as of the end of 
     the grant year for the award, the Secretary shall cancel that 
     unobligated balance of the award, and shall require the State 
     to return any amounts from such balance that have been 
     disbursed to the State, unless--
       ``(A) before the end of the grant year, the State submits 
     to the Secretary a written application for a waiver of the 
     cancellation, which application includes a description of the 
     purposes for which the State intends to expend the funds 
     involved; and
       ``(B) the Secretary approves the waiver.
       ``(2) Expenditure by end of carryover year.--With respect 
     to a waiver under paragraph (1) that is approved for a 
     balance that is unobligated as of the end of a grant year for 
     an award:
       ``(A) The unobligated funds are available for expenditure 
     by the State involved for the one-year period beginning upon 
     the expiration of the grant year (referred to in this section 
     as the `carryover year').
       ``(B) If the funds are not expended by the end of the 
     carryover year, the Secretary shall cancel that unexpended 
     balance of the award, and shall require the State to return 
     any amounts from such balance that have been disbursed to the 
     State.
       ``(3) Use of cancelled balances.--In the case of any 
     balance of a grant award that is cancelled under paragraph 
     (1) or (2)(B), the grant funds involved shall be made 
     available by the Secretary as additional amounts for grants 
     under section 2620 for the first fiscal year beginning after 
     the fiscal year in which the Secretary obtains the 
     information necessary for determining that the balance is 
     required under such paragraph to be canceled, except that the 
     availability of the funds for such grants is subject to 
     section 2618(a)(2)(H) as applied for such year.
       ``(4) Corresponding reduction in future grant.--
       ``(A) In general.--In the case of a State for which a 
     balance from a grant award made pursuant to section 
     2618(a)(1) or 2618(a)(2)(G)(i) is unobligated as of the end 
     of the grant year for the award--
       ``(i) the Secretary shall reduce, by the same amount as 
     such unobligated balance, the amount of the grant under such 
     section for the first fiscal year beginning after the fiscal 
     year in which the Secretary obtains the information necessary 
     for determining that such balance was unobligated as of the 
     end of the grant year (which requirement for a reduction 
     applies without regard to whether a waiver under paragraph 
     (1) has been approved with respect to such balance); and
       ``(ii) the grant funds involved in such reduction shall be 
     made available by the Secretary as additional funds for 
     grants under section 2620 for such first fiscal year, subject 
     to section 2618(a)(2)(H);
     except that this subparagraph does not apply to the State if 
     the amount of the unobligated balance was 2 percent or less.
       ``(B) Relation to increases in grant.--A reduction under 
     subparagraph (A) for a State for a fiscal year may not be 
     taken into account in applying section 2618(a)(2)(H) with 
     respect to the State for the subsequent fiscal year.
       ``(d) Treatment of Drug Rebates.--For purposes of this 
     section, funds that are drug rebates referred to in section 
     2616(g) may not be considered part of any grant award 
     referred to in subsection (a).''.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS FOR SUBPART I OF 
                   PART B.

       Subpart I of part B of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-21 et seq.), as amended by 
     section 207, is further amended by adding at the end the 
     following:

     ``SEC. 2623. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     subpart, there are authorized to be appropriated 
     $1,195,500,000 for fiscal year 2007, $1,239,500,000 for 
     fiscal year 2008, and $1,285,200,000 for fiscal year 2009. 
     Amounts appropriated under the preceding sentence for a 
     fiscal year are available for obligation by the Secretary 
     until the end of the second succeeding fiscal year.
       ``(b) Reservation of Amounts.--
       ``(1) Emerging communities.--Of the amount appropriated 
     under subsection (a) for a fiscal year, the Secretary shall 
     reserve $5,000,000 for grants under section 2621.
       ``(2) Supplemental grants.--

[[Page S11359]]

       ``(A) In general.--Of the amount appropriated under 
     subsection (a) for a fiscal year in excess of the 2006 
     adjusted amount, the Secretary shall reserve \1/3\ for grants 
     under section 2620, except that the availability of the 
     reserved funds for such grants is subject to section 
     2618(a)(2)(H) as applied for such year, and except that any 
     amount appropriated exclusively for carrying out section 2616 
     (and, 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--
       ``(i) pre-test counseling is not required but the 
     individual is informed that the individual will receive an 
     HIV/AIDS test and the individual may opt out of such testing; 
     and
       ``(ii) for those individuals with a positive test result, 
     post-test counseling (including referrals for care) is 
     provided and confidentiality is protected.
       ``(2) The term `universal testing of newborns' means HIV/
     AIDS testing that is administered within 48 hours of delivery 
     to--
       ``(A) all infants born in the State; or
       ``(B) all infants born in the State whose mother's HIV/AIDS 
     status is unknown at the time of delivery.
       ``(h) Authorization of Appropriations.--Of the funds 
     appropriated annually to the Centers for Disease Control and 
     Prevention for HIV/AIDS prevention activities, $30,000,000 
     shall be made available for each of the fiscal years 2007 
     through 2009 for grants under subsection (a), of which 
     $20,000,000 shall be made available for grants to States with 
     the policies described in subsection (b)(1), and $10,000,000 
     shall be made available for grants to States with the 
     policies described in subsection (b)(2). Funds provided under 
     this section are available until expended.''.

     SEC. 210. CERTAIN PARTNER NOTIFICATION PROGRAMS; 
                   AUTHORIZATION OF APPROPRIATIONS.

       Section 2631(d) of the Public Health Service Act (42 U.S.C. 
     300ff-38(d)) is amended by striking ``there are'' and all 
     that follows and inserting the following: ``there is 
     authorized to be appropriated $10,000,000 for each of the 
     fiscal years 2007 through 2009.''.

                 TITLE III--EARLY INTERVENTION SERVICES

     SEC. 301. ESTABLISHMENT OF PROGRAM; CORE MEDICAL SERVICES.

       (a) In General.--Section 2651 of the Public Health Service 
     Act (42 U.S.C. 300ff-51) is amended to read as follows:

     ``SEC. 2651. ESTABLISHMENT OF A PROGRAM.

       ``(a) In General.--For the purposes described in subsection 
     (b), the Secretary, acting through the Administrator of the 
     Health Resources and Services Administration, may make grants 
     to public and nonprofit private entities specified in section 
     2652(a).
       ``(b) Requirements.--
       ``(1) In general.--The Secretary may not make a grant under 
     subsection (a) unless the applicant for the grant agrees to 
     expend the grant only for--
       ``(A) core medical services described in subsection (c);
       ``(B) support services described in subsection (d); and
       ``(C) administrative expenses as described in section 
     2664(g)(3).
       ``(2) Early intervention services.--An applicant for a 
     grant under subsection (a) shall expend not less than 50 
     percent of the amount received under the grant for the 
     services described in subparagraphs (B) through (E) of 
     subsection (e)(1) for individuals with HIV/AIDS.
       ``(c) Required Funding for Core Medical Services.--
       ``(1) In general.--With respect to a grant under subsection 
     (a) to an applicant for a fiscal year, the applicant shall, 
     of the portion of the grant remaining after reserving amounts 
     for purposes of paragraphs (3) and (5) of section 2664(g), 
     use not less than 75 percent to provide core medical services 
     that are needed in the area involved for individuals with 
     HIV/AIDS who are identified and eligible under this title 
     (including services regarding the co-occurring conditions of 
     the individuals).
       ``(2) Waiver.--
       ``(A) The Secretary shall waive the application of 
     paragraph (1) with respect to an applicant for a grant if the 
     Secretary determines that, within the service area of the 
     applicant--
       ``(i) there are no waiting lists for AIDS Drug Assistance 
     Program services under section 2616; and
       ``(ii) core medical services are available to all 
     individuals with HIV/AIDS identified and eligible under this 
     title.
       ``(B) Notification of waiver status.--When informing an 
     applicant that a grant under subsection (a) is being made for 
     a fiscal year, the Secretary shall inform the applicant 
     whether a waiver under subparagraph (A) is in effect for the 
     fiscal year.
       ``(3) Core medical services.--For purposes of this 
     subsection, the term `core medical services', with respect to 
     an individual with HIV/AIDS (including the co-occurring 
     conditions of the individual) means the following services:
       ``(A) Outpatient and ambulatory health services.
       ``(B) AIDS Drug Assistance Program treatments under section 
     2616.
       ``(C) AIDS pharmaceutical assistance.
       ``(D) Oral health care.
       ``(E) Early intervention services described in subsection 
     (e).
       ``(F) Health insurance premium and cost sharing assistance 
     for low-income individuals in accordance with section 2615.
       ``(G) Home health care.
       ``(H) Medical nutrition therapy.
       ``(I) Hospice services.
       ``(J) Home and community-based health services as defined 
     under section 2614(c).
       ``(K) Mental health services.
       ``(L) Substance abuse outpatient care.
       ``(M) Medical case management, including treatment 
     adherence services.
       ``(d) Support Services.--
       ``(1) In general.--For purposes of this section, the term 
     `support services' means services, subject to the approval of 
     the Secretary, that are needed for individuals with HIV/AIDS 
     to achieve their medical outcomes (such as respite care for 
     persons caring for individuals with HIV/AIDS, outreach 
     services, medical transportation, linguistic services, and 
     referrals for health care and support services).
       ``(2) Definition of medical outcomes.--In this section, the 
     term `medical outcomes' means those outcomes affecting the 
     HIV-related clinical status of an individual with HIV/AIDS.
       ``(e) Specification of Early Intervention Services.--
       ``(1) In general.--The early intervention services referred 
     to in this section are--
       ``(A) counseling individuals with respect to HIV/AIDS in 
     accordance with section 2662;
       ``(B) testing individuals with respect to HIV/AIDS, 
     including tests to confirm the presence of the disease, tests 
     to diagnose the extent of the deficiency in the immune 
     system, and tests to provide information on appropriate 
     therapeutic measures for preventing and treating the 
     deterioration of the immune system and for preventing and 
     treating conditions arising from HIV/AIDS;
       ``(C) referrals described in paragraph (2);
       ``(D) other clinical and diagnostic services regarding HIV/
     AIDS, and periodic medical evaluations of individuals with 
     HIV/AIDS; and
       ``(E) providing the therapeutic measures described in 
     subparagraph (B).
       ``(2) Referrals.--The services referred to in paragraph 
     (1)(C) are referrals of individuals with HIV/AIDS to 
     appropriate providers of health and support services, 
     including, as appropriate--
       ``(A) to entities receiving amounts under part A or B for 
     the provision of such services;
       ``(B) to biomedical research facilities of institutions of 
     higher education that offer experimental treatment for such 
     disease, or to community-based organizations or other 
     entities that provide such treatment; or
       ``(C) to grantees under section 2671, in the case of a 
     pregnant woman.
       ``(3) Requirement of availability of all early intervention 
     services through each grantee.--
       ``(A) In general.--The Secretary may not make a grant under 
     subsection (a) unless the applicant for the grant agrees that 
     each of

[[Page S11360]]

     the early intervention services specified in paragraph (2) 
     will be available through the grantee. With respect to 
     compliance with such agreement, such a grantee may expend the 
     grant to provide the early intervention services directly, 
     and may expend the grant to enter into agreements with public 
     or nonprofit private entities, or private for-profit entities 
     if such entities are the only available provider of quality 
     HIV care in the area, under which the entities provide the 
     services.
       ``(B) Other requirements.--Grantees described in--
       ``(i) subparagraphs (A), (D), (E), and (F) of section 
     2652(a)(1) shall use not less than 50 percent of the amount 
     of such a grant to provide the services described in 
     subparagraphs (A), (B), (D), and (E) of paragraph (1) 
     directly and on-site or at sites where other primary care 
     services are rendered; and
       ``(ii) subparagraphs (B) and (C) of section 2652(a)(1) 
     shall ensure the availability of early intervention services 
     through a system of linkages to community-based primary care 
     providers, and to establish mechanisms for the referrals 
     described in paragraph (1)(C), and for follow-up concerning 
     such referrals.''.
       (b) Administrative Expenses; Clinical Quality Management 
     Program.--Section 2664(g) of the Public Health Service Act 
     (42 U.S.C. 300ff-64(g)) is amended--
       (1) in paragraph (3), by amending the paragraph to read as 
     follows:
       ``(3) the applicant will not expend more than 10 percent of 
     the grant for administrative expenses with respect to the 
     grant, including planning and evaluation, except that the 
     costs of a clinical quality management program under 
     paragraph (5) may not be considered administrative expenses 
     for purposes of such limitation;''; and
       (2) in paragraph (5), by inserting ``clinical'' before 
     ``quality management''.

     SEC. 302. ELIGIBLE ENTITIES; PREFERENCES; PLANNING AND 
                   DEVELOPMENT GRANTS.

       (a) Minimum Qualification of Grantees.--Section 2652(a) of 
     the Public Health Service Act (42 U.S.C. 300ff-52(a)) is 
     amended to read as follows:
       ``(a) Eligible Entities.--
       ``(1) In general.--The entities referred to in section 
     2651(a) are public entities and nonprofit private entities 
     that are--
       ``(A) federally-qualified health centers under section 
     1905(l)(2)(B) of the Social Security Act;
       ``(B) grantees under section 1001 (regarding family 
     planning) other than States;
       ``(C) comprehensive hemophilia diagnostic and treatment 
     centers;
       ``(D) rural health clinics;
       ``(E) health facilities operated by or pursuant to a 
     contract with the Indian Health Service;
       ``(F) community-based organizations, clinics, hospitals and 
     other health facilities that provide early intervention 
     services to those persons infected with HIV/AIDS through 
     intravenous drug use; or
       ``(G) nonprofit private entities that provide comprehensive 
     primary care services to populations at risk of HIV/AIDS, 
     including faith-based and community-based organizations.
       ``(2) Underserved populations.--Entities described in 
     paragraph (1) shall serve underserved populations which may 
     include minority populations and Native American populations, 
     ex-offenders, individuals with comorbidities including 
     hepatitis B or C, mental illness, or substance abuse, low-
     income populations, inner city populations, and rural 
     populations.''.
       (b) Preferences in Making Grants.--Section 2653 of the 
     Public Health Service Act (42 U.S.C. 300ff-53) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``acquired immune 
     deficiency syndrome'' and inserting ``HIV/AIDS''; and
       (B) in subparagraph (D), by inserting before the semicolon 
     the following: ``and the number of cases of individuals co-
     infected with HIV/AIDS and hepatitis B or C''; and
       (2) in subsection (d)(2), by striking ``special 
     consideration'' and inserting ``preference''.
       (c) Planning and Development Grants.--Section 2654(c) of 
     the Public Health Service Act (42 U.S.C. 300ff-54(c)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``HIV''; and
       (B) in subparagraph (B), by striking ``HIV'' and inserting 
     ``HIV/AIDS''; and
       (2) in paragraph (3), by striking ``or underserved 
     communities'' and inserting ``areas or to underserved 
     populations''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       Section 2655 of the Public Health Service Act (42 U.S.C. 
     300ff-55) is amended by striking ``such sums'' and all that 
     follows through ``2005''and inserting ``, $218,600,000 for 
     fiscal year 2007, $226,700,000 for fiscal year 2008, and 
     $235,100,000 for fiscal year 2009''.

     SEC. 304. CONFIDENTIALITY AND INFORMED CONSENT.

       Section 2661 of the Public Health Service Act (42 U.S.C. 
     300ff-61) is amended to read as follows:

     ``SEC. 2661. CONFIDENTIALITY AND INFORMED CONSENT.

       ``(a) Confidentiality.--The Secretary may not make a grant 
     under this part unless, in the case of any entity applying 
     for a grant under section 2651, the entity agrees to ensure 
     that information regarding the receipt of early intervention 
     services pursuant to the grant is maintained confidentially 
     in a manner not inconsistent with applicable law.
       ``(b) Informed Consent.--The Secretary may not make a grant 
     under this part unless the applicant for the grant agrees 
     that, in testing an individual for HIV/AIDS, the applicant 
     will test an individual only after the individual confirms 
     that the decision of the individual with respect to 
     undergoing such testing is voluntarily made.''.

     SEC. 305. PROVISION OF CERTAIN COUNSELING SERVICES.

       Section 2662 of the Public Health Service Act (42 U.S.C. 
     300ff-62) is amended to read as follows:

     ``SEC. 2662. PROVISION OF CERTAIN COUNSELING SERVICES.

       ``(a) Counseling of Individuals With Negative Test 
     Results.--The Secretary may not make a grant under this part 
     unless the applicant for the grant agrees that, if the 
     results of testing conducted for HIV/AIDS indicate that an 
     individual does not have such condition, the applicant will 
     provide the individual information, including--
       ``(1) measures for prevention of, exposure to, and 
     transmission of HIV/AIDS, hepatitis B, hepatitis C, and other 
     sexually transmitted diseases;
       ``(2) the accuracy and reliability of results of testing 
     for HIV/AIDS, hepatitis B, and hepatitis C;
       ``(3) the significance of the results of such testing, 
     including the potential for developing AIDS, hepatitis B, or 
     hepatitis C;
       ``(4) the appropriateness of further counseling, testing, 
     and education of the individual regarding HIV/AIDS and other 
     sexually transmitted diseases;
       ``(5) if diagnosed with chronic hepatitis B or hepatitis C 
     co-infection, the potential of developing hepatitis-related 
     liver disease and its impact on HIV/AIDS; and
       ``(6) information regarding the availability of hepatitis B 
     vaccine and information about hepatitis treatments.
       ``(b) Counseling of Individuals With Positive Test 
     Results.--The Secretary may not make a grant under this part 
     unless the applicant for the grant agrees that, if the 
     results of testing for HIV/AIDS indicate that the individual 
     has such condition, the applicant will provide to the 
     individual appropriate counseling regarding the condition, 
     including--
       ``(1) information regarding--
       ``(A) measures for prevention of, exposure to, and 
     transmission of HIV/AIDS, hepatitis B, and hepatitis C;
       ``(B) the accuracy and reliability of results of testing 
     for HIV/AIDS, hepatitis B, and hepatitis C; and
       ``(C) the significance of the results of such testing, 
     including the potential for developing AIDS, hepatitis B, or 
     hepatitis C;
       ``(2) reviewing the appropriateness of further counseling, 
     testing, and education of the individual regarding HIV/AIDS 
     and other sexually transmitted diseases; and
       ``(3) providing counseling--
       ``(A) on the availability, through the applicant, of early 
     intervention services;
       ``(B) on the availability in the geographic area of 
     appropriate health care, mental health care, and social and 
     support services, including providing referrals for such 
     services, as appropriate;
       ``(C)(i) that explains the benefits of locating and 
     counseling any individual by whom the infected individual may 
     have been exposed to HIV/AIDS, hepatitis B, or hepatitis C 
     and any individual whom the infected individual may have 
     exposed to HIV/AIDS, hepatitis B, or hepatitis C; and
       ``(ii) that emphasizes it is the duty of infected 
     individuals to disclose their infected status to their sexual 
     partners and their partners in the sharing of hypodermic 
     needles; that provides advice to infected individuals on the 
     manner in which such disclosures can be made; and that 
     emphasizes that it is the continuing duty of the individuals 
     to avoid any behaviors that will expose others to HIV/AIDS, 
     hepatitis B, or hepatitis C; and
       ``(D) on the availability of the services of public health 
     authorities with respect to locating and counseling any 
     individual described in subparagraph (C);
       ``(4) if diagnosed with chronic hepatitis B or hepatitis C 
     co-infection, the potential of developing hepatitis-related 
     liver disease and its impact on HIV/AIDS; and
       ``(5) information regarding the availability of hepatitis B 
     vaccine.
       ``(c) Additional Requirements Regarding Appropriate 
     Counseling.--The Secretary may not make a grant under this 
     part unless the applicant for the grant agrees that, in 
     counseling individuals with respect to HIV/AIDS, the 
     applicant will ensure that the counseling is provided under 
     conditions appropriate to the needs of the individuals.
       ``(d) Counseling of Emergency Response Employees.--The 
     Secretary may not make a grant under this part to a State 
     unless the State agrees that, in counseling individuals with 
     respect to HIV/AIDS, the State will ensure that, in the case 
     of emergency response employees, the counseling is provided 
     to such employees under conditions appropriate to the needs 
     of the employees regarding the counseling.
       ``(e) Rule of Construction Regarding Counseling Without 
     Testing.--Agreements made pursuant to this section may not be 
     construed to prohibit any grantee under this part from 
     expending the grant for the purpose of providing counseling 
     services described in this section to an individual who does 
     not undergo testing for HIV/AIDS as a

[[Page S11361]]

     result of the grantee or the individual determining that such 
     testing of the individual is not appropriate.''.

     SEC. 306. GENERAL PROVISIONS.

       (a) Applicability of Certain Requirements.--Section 2663 of 
     the Public Health Service Act (42 U.S.C. 300ff-63) is amended 
     by striking ``will, without'' and all that follows through 
     ``be carried'' and inserting ``with funds appropriated 
     through this Act will be carried''.
       (b) Additional Required Agreements.--Section 2664(a) of the 
     Public Health Service Act (42 U.S.C. 300ff-64(a)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking ``and'' at the end; 
     and
       (C) by adding at the end the following:
       ``(C) information regarding how the expected expenditures 
     of the grant are related to the planning process for 
     localities funded under part A (including the planning 
     process described in section 2602) and for States funded 
     under part B (including the planning process described in 
     section 2617(b)); and
       ``(D) a specification of the expected expenditures and how 
     those expenditures will improve overall client outcomes, as 
     described in the State plan under section 2617(b);'';
       (2) in paragraph (2), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(3) the applicant agrees to provide additional 
     documentation to the Secretary regarding the process used to 
     obtain community input into the design and implementation of 
     activities related to such grant; and
       ``(4) the applicant agrees to submit, every 2 years, to the 
     lead State agency under section 2617(b)(4) audits, consistent 
     with Office of Management and Budget circular A133, regarding 
     funds expended in accordance with this title and shall 
     include necessary client level data to complete unmet need 
     calculations and Statewide coordinated statements of need 
     process.''.
       (c) Payer of Last Resort.--Section 2664(f)(1)(A) of the 
     Public Health Service Act (42 U.S.C. 300ff-64(f)(1)(A)) is 
     amended by inserting ``(except for a program administered by 
     or providing the services of the Indian Health Service)'' 
     before the semicolon.

             TITLE IV--WOMEN, INFANTS, CHILDREN, AND YOUTH

     SEC. 401. WOMEN, INFANTS, CHILDREN, AND YOUTH.

       Part D of title XXVI of the Public Health Service Act (42 
     U.S.C. 300ff-71 et seq.) is amended to read as follows:

             ``PART D--WOMEN, INFANTS, CHILDREN, AND YOUTH

     ``SEC. 2671. GRANTS FOR COORDINATED SERVICES AND ACCESS TO 
                   RESEARCH FOR WOMEN, INFANTS, CHILDREN, AND 
                   YOUTH.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants to public and nonprofit 
     private entities (including a health facility operated by or 
     pursuant to a contract with the Indian Health Service) for 
     the purpose of providing family-centered care involving 
     outpatient or ambulatory care (directly or through contracts) 
     for women, infants, children, and youth with HIV/AIDS.
       ``(b) Additional Services for Patients and Families.--Funds 
     provided under grants awarded under subsection (a) may be 
     used for the following support services:
       ``(1) Family-centered care including case management.
       ``(2) Referrals for additional services including--
       ``(A) referrals for inpatient hospital services, treatment 
     for substance abuse, and mental health services; and
       ``(B) referrals for other social and support services, as 
     appropriate.
       ``(3) Additional services necessary to enable the patient 
     and the family to participate in the program established by 
     the applicant pursuant to such subsection including services 
     designed to recruit and retain youth with HIV.
       ``(4) The provision of information and education on 
     opportunities to participate in HIV/AIDS-related clinical 
     research.
       ``(c) Coordination With Other Entities.--A grant awarded 
     under subsection (a) may be made only if the applicant 
     provides an agreement that includes the following:
       ``(1) The applicant will coordinate activities under the 
     grant with other providers of health care services under this 
     Act, and under title V of the Social Security Act, including 
     programs promoting the reduction and elimination of risk of 
     HIV/AIDS for youth.
       ``(2) The applicant will participate in the statewide 
     coordinated statement of need under part B (where it has been 
     initiated by the public health agency responsible for 
     administering grants under part B) and in revisions of such 
     statement.
       ``(3) The applicant will every 2 years submit to the lead 
     State agency under section 2617(b)(4) audits regarding funds 
     expended in accordance with this title and shall include 
     necessary client-level data to complete unmet need 
     calculations and Statewide coordinated statements of need 
     process.
       ``(d) Administration; Application.--A grant may only be 
     awarded to an entity under subsection (a) if an application 
     for the grant is submitted to the Secretary and the 
     application is in such form, is made in such manner, and 
     contains such agreements, assurances, and information as the 
     Secretary determines to be necessary to carry out this 
     section. Such application shall include the following:
       ``(1) Information regarding how the expected expenditures 
     of the grant are related to the planning process for 
     localities funded under part A (including the planning 
     process outlined in section 2602) and for States funded under 
     part B (including the planning process outlined in section 
     2617(b)).
       ``(2) A specification of the expected expenditures and how 
     those expenditures will improve overall patient outcomes, as 
     outlined as part of the State plan (under section 2617(b)) or 
     through additional outcome measures.
       ``(e) Annual Review of Programs; Evaluations.--
       ``(1) Review regarding access to and participation in 
     programs.--With respect to a grant under subsection (a) for 
     an entity for a fiscal year, the Secretary shall, not later 
     than 180 days after the end of the fiscal year, provide for 
     the conduct and completion of a review of the operation 
     during the year of the program carried out under such 
     subsection by the entity. The purpose of such review shall be 
     the development of recommendations, as appropriate, for 
     improvements in the following:
       ``(A) Procedures used by the entity to allocate 
     opportunities and services under subsection (a) among 
     patients of the entity who are women, infants, children, or 
     youth.
       ``(B) Other procedures or policies of the entity regarding 
     the participation of such individuals in such program.
       ``(2) Evaluations.----The Secretary shall, directly or 
     through contracts with public and private entities, provide 
     for evaluations of programs carried out pursuant to 
     subsection (a).
       ``(f) Administrative Expenses.--
       ``(1) Limitation.--A grantee may not use more than 10 
     percent of amounts received under a grant awarded under this 
     section for administrative expenses.
       ``(2) Clinical quality management program.--A grantee under 
     this section shall implement a clinical quality management 
     program to assess the extent to which HIV health services 
     provided to patients under the grant are consistent with the 
     most recent Public Health Service guidelines for the 
     treatment of HIV/AIDS and related opportunistic infection, 
     and as applicable, to develop strategies for ensuring that 
     such services are consistent with the guidelines for 
     improvement in the access to and quality of HIV health 
     services.
       ``(g) Training and Technical Assistance.--From the amounts 
     appropriated under subsection (i) for a fiscal year, the 
     Secretary may use not more than 5 percent to provide, 
     directly or through contracts with public and private 
     entities (which may include grantees under subsection (a)), 
     training and technical assistance to assist applicants and 
     grantees under subsection (a) in complying with the 
     requirements of this section.
       ``(h) Definitions.--In this section:
       ``(1) Administrative expenses.--The term `administrative 
     expenses' means funds that are to be used by grantees for 
     grant management and monitoring activities, including costs 
     related to any staff or activity unrelated to services or 
     indirect costs.
       ``(2) Indirect costs.--The term `indirect costs' means 
     costs included in a Federally negotiated indirect rate.
       ``(3) Services.--The term `services' means--
       ``(A) services that are provided to clients to meet the 
     goals and objectives of the program under this section, 
     including the provision of professional, diagnostic, and 
     therapeutic services by a primary care provider or a referral 
     to and provision of specialty care; and
       ``(B) services that sustain program activity and contribute 
     to or help improve services under subparagraph (A).
       ``(i) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated, $71,800,000 for each of the fiscal years 2007 
     through 2009.''.

     SEC. 402. GAO REPORT.

       Not later than 24 months after the date of enactment of 
     this Act, the Comptroller General of the Government 
     Accountability Office shall conduct an evaluation, and submit 
     to Congress a report, concerning the funding provided for 
     under part D of title XXVI of the Public Health Service Act 
     to determine--
       (1) how funds are used to provide the administrative 
     expenses, indirect costs, and services, as defined in section 
     2671(h) of such title, for individuals with HIV/AIDS;
       (2) how funds are used to provide the administrative 
     expenses, indirect costs, and services, as defined in section 
     2671(h) of such title, to family members of women, infants, 
     children, and youth infected with HIV/AIDS;
       (3) how funds are used to provide family-centered care 
     involving outpatient or ambulatory care authorized under 
     section 2671(a) of such title;
       (4) how funds are used to provide additional services 
     authorized under section 2671(b) of such title; and
       (5) how funds are used to help identify HIV-positive 
     pregnant women and their children who are exposed to HIV and 
     connect them with care that can improve their health and 
     prevent perinatal transmission.

[[Page S11362]]

                      TITLE V--GENERAL PROVISIONS

     SEC. 501. GENERAL PROVISIONS.

       Part E of title XXVI of the Public Health Service Act (42 
     U.S.C. 300ff-80 et seq.) is amended to read as follows:

                      ``PART E--GENERAL PROVISIONS

     ``SEC. 2681. COORDINATION.

       ``(a) Requirement.--The Secretary shall ensure that the 
     Health Resources and Services Administration, the Centers for 
     Disease Control and Prevention, the Substance Abuse and 
     Mental Health Services Administration, and the Centers for 
     Medicare & Medicaid Services coordinate the planning, 
     funding, and implementation of Federal HIV programs 
     (including all minority AIDS initiatives of the Public Health 
     Service, including under section 2693) to enhance the 
     continuity of care and prevention services for individuals 
     with HIV/AIDS or those at risk of such disease. The Secretary 
     shall consult with other Federal agencies, including the 
     Department of Veterans Affairs, as needed and utilize 
     planning information submitted to such agencies by the States 
     and entities eligible for assistance under this title.
       ``(b) Report.--The Secretary shall biennially prepare and 
     submit to the appropriate committees of the Congress a report 
     concerning the coordination efforts at the Federal, State, 
     and local levels described in this section, including a 
     description of Federal barriers to HIV program integration 
     and a strategy for eliminating such barriers and enhancing 
     the continuity of care and prevention services for 
     individuals with HIV/AIDS or those at risk of such disease.
       ``(c) Integration by State.--As a condition of receipt of 
     funds under this title, a State shall provide assurances to 
     the Secretary that health support services funded under this 
     title will be integrated with other such services, that 
     programs will be coordinated with other available programs 
     (including Medicaid), and that the continuity of care and 
     prevention services of individuals with HIV/AIDS is enhanced.
       ``(d) Integration by Local or Private Entities.--As a 
     condition of receipt of funds under this title, a local 
     government or private nonprofit entity shall provide 
     assurances to the Secretary that services funded under this 
     title will be integrated with other such services, that 
     programs will be coordinated with other available programs 
     (including Medicaid), and that the continuity of care and 
     prevention services of individuals with HIV is enhanced.

     ``SEC. 2682. AUDITS.

       ``(a) In General.--For fiscal year 2009, and each 
     subsequent fiscal year, the Secretary may reduce the amounts 
     of grants under this title to a State or political 
     subdivision of a State for a fiscal year if, with respect to 
     such grants for the second preceding fiscal year, the State 
     or subdivision fails to prepare audits in accordance with the 
     procedures of section 7502 of title 31, United States Code. 
     The Secretary shall annually select representative samples of 
     such audits, prepare summaries of the selected audits, and 
     submit the summaries to the Congress.
       ``(b) Posting on the Internet.--All audits that the 
     Secretary receives from the State lead agency under section 
     2617(b)(4) shall be posted, in their entirety, on the 
     Internet website of the Health Resources and Services 
     Administration.

     ``SEC. 2683. PUBLIC HEALTH EMERGENCY.

       ``(a) In General.--In an emergency area and during an 
     emergency period, the Secretary shall have the authority to 
     waive such requirements of this title to improve the health 
     and safety of those receiving care under this title and the 
     general public, except that the Secretary may not expend more 
     than 5 percent of the funds allocated under this title for 
     sections 2620 and section 2603(b).
       ``(b) Emergency Area and Emergency Period.--In this 
     section:
       ``(1) Emergency area.--The term `emergency area' means a 
     geographic area in which there exists--
       ``(A) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; or
       ``(B) a public health emergency declared by the Secretary 
     pursuant to section 319.
       ``(2) Emergency period.--The term `emergency period' means 
     the period in which there exists--
       ``(A) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; or
       ``(B) a public health emergency declared by the Secretary 
     pursuant to section 319.
       ``(c) Unobligated Funds.--If funds under a grant under this 
     section are not expended for an emergency in the fiscal year 
     in which the emergency is declared, such funds shall be 
     returned to the Secretary for reallocation under sections 
     2603(b) and 2620.

     ``SEC. 2684. PROHIBITION ON PROMOTION OF CERTAIN ACTIVITIES.

       ``None of the funds appropriated under this title shall be 
     used to fund AIDS programs, or to develop materials, designed 
     to promote or encourage, directly, intravenous drug use or 
     sexual activity, whether homosexual or heterosexual. Funds 
     authorized under this title may be used to provide medical 
     treatment and support services for individuals with HIV.

     ``SEC. 2685. PRIVACY PROTECTIONS.

       ``(a) In General.--The Secretary shall ensure that any 
     information submitted to, or collected by, the Secretary 
     under this title excludes any personally identifiable 
     information.
       ``(b) Definition.--In this section, the term `personally 
     identifiable information' has the meaning given such term 
     under the regulations promulgated under section 264(c) of the 
     Health Insurance Portability and Accountability Act of 1996.

     ``SEC. 2686. GAO REPORT.

       ``The Comptroller General of the Government Accountability 
     Office shall biennially submit to the appropriate committees 
     of Congress a report that includes a description of Federal, 
     State, and local barriers to HIV program integration, 
     particularly for racial and ethnic minorities, including 
     activities carried out under subpart III of part F, and 
     recommendations for enhancing the continuity of care and the 
     provision of prevention services for individuals with HIV/
     AIDS or those at risk for such disease. Such report shall 
     include a demonstration of the manner in which funds under 
     this subpart are being expended and to what extent the 
     services provided with such funds increase access to 
     prevention and care services for individuals with HIV/AIDS 
     and build stronger community linkages to address HIV 
     prevention and care for racial and ethnic minority 
     communities.

     ``SEC. 2687. SEVERITY OF NEED INDEX.

       ``(a) Development of Index.--Not later than September 30, 
     2008, the Secretary shall develop and submit to the 
     appropriate committees of Congress a severity of need index 
     in accordance with subsection (c).
       ``(b) Definition of Severity of Need Index.--In this 
     section, the term `severity of need index' means the index of 
     the relative needs of individuals within a State or area, as 
     identified by a number of different factors, and is a factor 
     or set of factors that is multiplied by the number of living 
     HIV/AIDS cases in a State or area, providing different 
     weights to those cases based on needs. Such factors or set of 
     factors may be different for different components of the 
     provisions under this title.
       ``(c) Requirements for Secretarial Submission.--When the 
     Secretary submits to the appropriate committees of Congress 
     the severity of need index under subsection (a), the 
     Secretary shall provide the following:
       ``(1) Methodology for and rationale behind developing the 
     severity of need index, including information related to the 
     field testing of the severity of need index.
       ``(2) An independent contractor analysis of activities 
     carried out under paragraph (1).
       ``(3) Information regarding the process by which the 
     Secretary received community input regarding the application 
     and development of the severity of need index.
       ``(d) Annual Reports.--If the Secretary fails to submit the 
     severity of need index under subsection (a) in either of 
     fiscal years 2007 or 2008, the Secretary shall prepare and 
     submit to the appropriate committees of Congress a report for 
     such fiscal year--
       ``(1) that updates progress toward having client level 
     data;
       ``(2) that updates the progress toward having a severity of 
     need index, including information related to the methodology 
     and process for obtaining community input; and
       ``(3) that, as applicable, states whether the Secretary 
     could develop a severity of need index before fiscal year 
     2009.

     ``SEC. 2688. DEFINITIONS.

       ``For purposes of this title:
       ``(1) AIDS.--The term `AIDS' means acquired immune 
     deficiency syndrome.
       ``(2) Co-occurring conditions.--The term `co-occurring 
     conditions' means one or more adverse health conditions in an 
     individual with HIV/AIDS, without regard to whether the 
     individual has AIDS and without regard to whether the 
     conditions arise from HIV.
       ``(3) Counseling.--The term `counseling' means such 
     counseling provided by an individual trained to provide such 
     counseling.
       ``(4) Family-centered care.--The term `family-centered 
     care' means the system of services described in this title 
     that is targeted specifically to the special needs of 
     infants, children, women and families. Family-centered care 
     shall be based on a partnership between parents, 
     professionals, and the community designed to ensure an 
     integrated, coordinated, culturally sensitive, and community-
     based continuum of care for children, women, and families 
     with HIV/AIDS.
       ``(5) Families with hiv/aids.--The term `families with HIV/
     AIDS' means families in which one or more members have HIV/
     AIDS.
       ``(6)  HIV.--The term `HIV' means infection with the human 
     immunodeficiency virus.
       ``(7) HIV/AIDS.--
       ``(A) In general.--The term `HIV/AIDS' means HIV, and 
     includes AIDS and any condition arising from AIDS.
       ``(B) Counting of cases.--The term `living cases of HIV/
     AIDS', with respect to the counting of cases in a geographic 
     area during a period of time, means the sum of--
       ``(i) the number of living non-AIDS cases of HIV in the 
     area; and
       ``(ii) the number of living cases of AIDS in the area.
       ``(C) Non-aids cases.--The term `non-AIDS', with respect to 
     a case of HIV, means that the individual involved has HIV but 
     does not have AIDS.
       ``(8) Human immunodeficiency virus.--The term `human 
     immunodeficiency virus' means the etiologic agent for AIDS.
       ``(9) Official poverty line.--The term `official poverty 
     line' means the poverty line

[[Page S11363]]

     established by the Director of the Office of Management and 
     Budget and revised by the Secretary in accordance with 
     section 673(2) of the Omnibus Budget Reconciliation Act of 
     1981.
       ``(10) Person.--The term `person' includes one or more 
     individuals, governments (including the Federal Government 
     and the governments of the States), governmental agencies, 
     political subdivisions, labor unions, partnerships, 
     associations, corporations, legal representatives, mutual 
     companies, joint-stock companies, trusts, unincorporated 
     organizations, receivers, trustees, and trustees in cases 
     under title 11, United States Code.
       ``(11) State.--
       ``(A) In general.--The term `State' means each of the 50 
     States, the District of Columbia, and each of the 
     territories.
       ``(B) Territories.--The term `territory' means each of 
     American Samoa, Guam, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, the Virgin 
     Islands, the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and Palau.
       ``(12) Youth with hiv.--The term `youth with HIV' means 
     individuals who are 13 through 24 years old and who have HIV/
     AIDS.''.

                  TITLE VI--DEMONSTRATION AND TRAINING

     SEC. 601. DEMONSTRATION AND TRAINING.

       Subpart I of part F of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-101 et seq.) is amended to read 
     as follows:

         ``Subpart I--Special Projects of National Significance

     ``SEC. 2691. SPECIAL PROJECTS OF NATIONAL SIGNIFICANCE.

       ``(a) In General.--Of the amount appropriated under each of 
     parts A, B, C, and D for each fiscal year, the Secretary 
     shall use the greater of $20,000,000 or an amount equal to 3 
     percent of such amount appropriated under each such part, but 
     not to exceed $25,000,000, to administer special projects of 
     national significance to--
       ``(1) quickly respond to emerging needs of individuals 
     receiving assistance under this title; and
       ``(2) to fund special programs to develop a standard 
     electronic client information data system to improve the 
     ability of grantees under this title to report client-level 
     data to the Secretary.
       ``(b) Grants.--The Secretary shall award grants under 
     subsection (a) to entities eligible for funding under parts 
     A, B, C, and D based on--
       ``(1) whether the funding will promote obtaining client 
     level data as it relates to the creation of a severity of 
     need index, including funds to facilitate the purchase and 
     enhance the utilization of qualified health information 
     technology systems;
       ``(2) demonstrated ability to create and maintain a 
     qualified health information technology system;
       ``(3) the potential replicability of the proposed activity 
     in other similar localities or nationally;
       ``(4) the demonstrated reliability of the proposed 
     qualified health information technology system across a 
     variety of providers, geographic regions, and clients; and
       ``(5) the demonstrated ability to maintain a safe and 
     secure qualified health information system; or
       ``(6) newly emerging needs of individuals receiving 
     assistance under this title.
       ``(c) Coordination.--The Secretary may not make a grant 
     under this section unless the applicant submits evidence that 
     the proposed program is consistent with the statewide 
     coordinated statement of need, and the applicant agrees to 
     participate in the ongoing revision process of such statement 
     of need.
       ``(d) Privacy Protection.--The Secretary may not make a 
     grant under this section for the development of a qualified 
     health information technology system unless the applicant 
     provides assurances to the Secretary that the system will, at 
     a minimum, comply with the privacy regulations promulgated 
     under section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996.
       ``(e) Replication.--The Secretary shall make information 
     concerning successful models or programs developed under this 
     part available to grantees under this title for the purpose 
     of coordination, replication, and integration. To facilitate 
     efforts under this subsection, the Secretary may provide for 
     peer-based technical assistance for grantees funded under 
     this part.''.

     SEC. 602. AIDS EDUCATION AND TRAINING CENTERS.

       (a) Amendments Regarding Schools and Centers.--Section 
     2692(a)(2) of the Public Health Service Act (42 U.S.C. 300ff-
     111(a)(2)) is amended--
       (1) in subparagraph (A)--
       (A) by inserting ``and Native Americans'' after ``minority 
     individuals''; and
       (B) by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) train or result in the training of health 
     professionals and allied health professionals to provide 
     treatment for hepatitis B or C co-infected individuals.''.
       (b) Authorizations of Appropriations for Schools, Centers, 
     and Dental Programs.--Section 2692(c) of the Public Health 
     Service Act (42 U.S.C. 300ff--111(c)) is amended to read as 
     follows:
       ``(c) Authorization of Appropriations.--
       ``(1) Schools; centers.--For the purpose of awarding grants 
     under subsection (a), there is authorized to be appropriated 
     $34,700,000 for each of the fiscal years 2007 through 2009.
       ``(2) Dental schools.--For the purpose of awarding grants 
     under subsection (b), there is authorized to be appropriated 
     $13,000,000 for each of the fiscal years 2007 through 
     2009.''.

     SEC. 603. CODIFICATION OF MINORITY AIDS INITIATIVE.

       Part F of title XXVI of the Public Health Service Act (42 
     U.S.C. 300ff-101 et seq.) is amended by adding at the end the 
     following:

                ``Subpart III--Minority AIDS Initiative

     ``SEC. 2693. MINORITY AIDS INITIATIVE.

       ``(a) In General.--For the purpose of carrying out 
     activities under this section to evaluate and address the 
     disproportionate impact of HIV/AIDS on, and the disparities 
     in access, treatment, care, and outcomes for, racial and 
     ethnic minorities (including African Americans, Alaska 
     Natives, Latinos, American Indians, Asian Americans, Native 
     Hawaiians, and Pacific Islanders), there are authorized to be 
     appropriated $131,200,000 for fiscal year 2007, $135,100,000 
     for fiscal year 2008, and $139,100,000 for fiscal year 2009.
       ``(b) Certain Activities.--
       ``(1) In general.--In carrying out the purpose described in 
     subsection (a), the Secretary shall provide for--
       ``(A) emergency assistance under part A;
       ``(B) care grants under part B;
       ``(C) early intervention services under part C;
       ``(D) services through projects for HIV-related care under 
     part D; and
       ``(E) activities through education and training centers 
     under section 2692.
       ``(2) Allocations among activities.--Activities under 
     paragraph (1) shall be carried out by the Secretary in 
     accordance with the following:
       ``(A) For competitive, supplemental grants to improve HIV-
     related health outcomes to reduce existing racial and ethnic 
     health disparities, the Secretary shall, of the amount 
     appropriated under subsection (a) for a fiscal year, reserve 
     the following, as applicable:
       ``(i) For fiscal year 2007, $43,800,000.
       ``(ii) For fiscal year 2008, $45,400,000.
       ``(iii) For fiscal year 2009, $47,100,000.
       ``(B) For competitive grants used for supplemental support 
     education and outreach services to increase the number of 
     eligible racial and ethnic minorities who have access to 
     treatment through the program under section 2616 for 
     therapeutics, the Secretary shall, of the amount appropriated 
     for a fiscal year under subsection (a), reserve the 
     following, as applicable:
       ``(i) For fiscal year 2007, $7,000,000.
       ``(ii) For fiscal year 2008, $7,300,000.
       ``(iii) For fiscal year 2009, $7,500,000.
       ``(C) For planning grants, capacity-building grants, and 
     services grants to health care providers who have a history 
     of providing culturally and linguistically appropriate care 
     and services to racial and ethnic minorities, the Secretary 
     shall, of the amount appropriated for a fiscal year under 
     subsection (a), reserve the following, as applicable:
       ``(i) For fiscal year 2007, $53,400,000.
       ``(ii) For fiscal year 2008, $55,400,000.
       ``(iii) For fiscal year 2009, $57,400,000.
       ``(D) For eliminating racial and ethnic disparities in the 
     delivery of comprehensive, culturally and linguistically 
     appropriate care services for HIV disease for women, infants, 
     children, and youth, the Secretary shall, of the amount 
     appropriated under subsection (a), reserve $18,500,000 for 
     each of the fiscal years 2007 through 2009.
       ``(E) For increasing the training capacity of centers to 
     expand the number of health care professionals with treatment 
     expertise and knowledge about the most appropriate standards 
     of HIV disease-related treatments and medical care for racial 
     and ethnic minority adults, adolescents, and children with 
     HIV disease, the Secretary shall, of the amount appropriated 
     under subsection (a), reserve $8,500,000 for each of the 
     fiscal years 2007 through 2009.
       ``(c) Consistency With Prior Program.--With respect to the 
     purpose described in subsection (a), the Secretary shall 
     carry out this section consistent with the activities carried 
     out under this title by the Secretary pursuant to the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2002 
     (Public Law 107-116).''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. HEPATITIS; USE OF FUNDS.

       Section 2667 of the Public Health Service Act (42 U.S.C. 
     300ff-67) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) shall provide information on the transmission and 
     prevention of hepatitis A, B, and C, including education 
     about the availability of hepatitis A and B vaccines and 
     assisting patients in identifying vaccination sites.''.

     SEC. 702. CERTAIN REFERENCES.

       Title XXVI of the Public Health Service Act (42 U.S.C. 
     300ff et seq.) is amended--
       (1) by striking ``acquired immune deficiency syndrome'' 
     each place such term appears, other than in section 2687(1) 
     (as added by section 501 of this Act), and inserting 
     ``AIDS'';
       (2) by striking ``such syndrome'' and inserting ``AIDS''; 
     and
       (3) by striking ``HIV disease'' each place such term 
     appears and inserting ``HIV/AIDS''.

[[Page S11364]]

     SEC. 703. REPEAL.

       Effective on October 1, 2009, title XXVI of the Public 
     Health Service Act (42 U.S.C. 300ff et seq.) is repealed.

                                 ______
                                 
  SA 5213. Mr. FRIST (for Mr. Inhofe (for himself, Mr. Chafee, and Mr. 
Jeffords)) proposed an amendment to bill H.R. 4588, to reauthorize 
grants for and require applied water supply research regarding the 
water resources research and technology institutes established under 
the Water Resources Research Act of 1984; as follows:

       On page 2, strike line 6 and insert the following:
       ``(B) the exploration of new ideas that--
       ``(i) address water problems; or
       ``(ii) expand understanding of water and water-related 
     phenomena;
       On page 3, line 24, strike ``and''.
       On page 4, strike lines 1 and 2 and insert the following:
       ``(C) advances in water infrastructure and water quality 
     improvements; and
       ``(D) methods for identifying, and determining the 
     effectiveness of, treatment technologies and efficiencies.''.
       On page 4, line 5, strike ``5'' and insert ``7.5''.
                                 ______
                                 
  SA 5214. Mr. FRIST (for Mr. Inhofe (for himself, Mr. Jeffords, Mr. 
Bond and Mr. Baucus)) proposed an amendment to bill S. 2735, to amend 
the National Dam Safety Program Act to reauthorize the national dam 
safety program, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. DAM SAFETY.

       (a) Short Title.--This section may be cited as the ``Dam 
     Safety Act of 2006''.
       (b) National Dam Inventory.--Section 6 of the National Dam 
     Safety Program Act (33 U.S.C. 467d) is amended to read as 
     follows:

     ``SEC. 6. NATIONAL DAM INVENTORY.

       ``The Secretary of the Army shall maintain and update 
     information on the inventory of dams in the United States. 
     Such inventory of dams shall include any available 
     information assessing each dam based on inspections completed 
     by either a Federal agency or a State dam safety agency.''.
       (c) National Dam Safety Program.--
       (1) Duties.--Section 8(b)(1) of the National Dam Safety 
     Program Act (33 U.S.C. 467f(b)(1)) is amended by striking 
     ``and target dates to'' and inserting ``performance measures, 
     and target dates toward effectively administering this Act in 
     order to''.
       (2) Assistance for state dam safety programs.--Section 
     8(e)(2)(A) of the National Dam Safety Program Act (33 U.S.C. 
     467f(e)(2)(A)) is amended--
       (A) in the matter preceding clause (i), by striking 
     ``substantially'';
       (B) by redesignating clauses (iv) through (x) as clauses 
     (v) through (xi), respectively;
       (C) by inserting after clause (iii) the following:
       ``(iv) the authority to require or perform periodic 
     evaluations of all dams and reservoirs to determine the 
     extent of the threat to human life and property in case of 
     failure;''; and
       (D) in clause (vii) (as redesignated by subparagraph (B)), 
     by inserting ``install and monitor instrumentation,'' after 
     ``remedial work,''.
       (d) Authorization of Appropriations.--Section 13 of the 
     National Dam Safety Program Act (33 U.S.C. 467j) is amended--
       (1) in subsection (a)(1), by striking ``$6,000,000 for each 
     of fiscal years 2003 through 2006'' and inserting 
     ``$6,500,000 for fiscal year 2007, $7,100,000 for fiscal year 
     2008, $7,600,000 for fiscal year 2009, $8,300,000 for fiscal 
     year 2010, and $9,200,000 for fiscal year 2011'';
       (2) in subsection (b), by striking ``$500,000 for each 
     fiscal year'' and inserting ``$650,000 for fiscal year 2007, 
     $700,000 for fiscal year 2008, $750,000 for fiscal year 2009, 
     $800,000 for fiscal year 2010, and $850,000 for fiscal year 
     2011'';
       (3) in subsection (c), by striking ``$1,500,000 for each of 
     fiscal years 2003 through 2006'' and inserting ``$1,600,000 
     for fiscal year 2007, $1,700,000 for fiscal year 2008, 
     $1,800,000 for fiscal year 2009, $1,900,000 for fiscal year 
     2010, and $2,000,000 for fiscal year 2011'';
       (4) in subsection (d), by striking ``$500,000 for each of 
     fiscal years 2003 through 2006'' and inserting ``$550,000 for 
     fiscal year 2007, $600,000 for fiscal year 2008, $650,000 for 
     fiscal year 2009, $700,000 for fiscal year 2010, and $750,000 
     for fiscal year 2011''; and
       (5) in subsection (e), by striking ``$600,000 for each of 
     fiscal years 2003 through 2006'' and inserting ``$700,000 for 
     fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for 
     fiscal year 2009, $1,000,000 for fiscal year 2010, and 
     $1,100,000 for fiscal year 2011''.
                                 ______
                                 
  SA 5215. Mr. FRIST proposed an amendment to the concurrent resolution 
H. Con. Res. 430, recognizing the accomplishments of the American 
Council of Young Political Leaders for providing 40 years of 
international exchange programs, increasing international dialogue, and 
enhancing global understanding, and commemorating its 40th anniversary; 
as follows:

       On page 3, in the third whereas clause, strike ``during the 
     hostilities'' and insert ``following the massacre''.
                                 ______
                                 
  SA 5216. Mr. FRIST (for Mr. Akaka) proposed an amendment to the bill 
S. 1876, to provide that attorneys employed by the Department of 
Justice shall be eligible for compensatory time off for travel under 
section 5550b of title 5, United States Code; as follows:

       In section 1, strike subsection (a) and insert the 
     following:
       (a) In General.--Attorneys employed by the Department of 
     Justice (including assistant United States attorneys) shall 
     be eligible for compensatory time off for travel under 
     section 5550b of title 5, United States Code, without regard 
     to any provision of section 115 of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2000 (as enacted into law by 
     section 1000(a)(1) of Public Law 106-113 and reenacted by 
     section 111 of the Department of Justice Appropriations Act, 
     2001 (as enacted into law by appendix B of Public Law 106-
     553)).
                                 ______
                                 
  SA 5217. Mr. FRIST (for Mr. Specter (for himself, Mr. Leahy, Mr. 
Reid, Mr. Cornyn, and Mr. Durbin)) proposed an amendment to the bill 
H.R. 1751, to amend title 18, United States Code, to protect judges, 
prosecutors, witnesses, victims, and their family members, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Court Security Improvement 
     Act of 2006''.

          TITLE I--JUDICIAL SECURITY IMPROVEMENTS AND FUNDING

     SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.

       (a) Ensuring Consultation With the Judiciary.--Section 566 
     of title 28, United States Code, is amended by adding at the 
     end the following:
       ``(i) The Director of the United States Marshals Service 
     shall consult with the Judicial Conference of the United 
     States on a continuing basis regarding the security 
     requirements for the judicial branch of the United States 
     Government, to ensure that the views of the Judicial 
     Conference regarding the security requirements for the 
     judicial branch of the Federal Government are taken into 
     account when determining staffing levels, setting priorities 
     for programs regarding judicial security, and allocating 
     judicial security resources. In this paragraph, the term 
     `judicial security' includes the security of buildings 
     housing the judiciary, the personal security of judicial 
     officers, the assessment of threats made to judicial 
     officers, and the protection of all other judicial personnel. 
     The United States Marshals Service retains final authority 
     regarding security requirements for the judicial branch of 
     the Federal Government.''.
       (b) Conforming Amendment.--Section 331 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``The Judicial Conference shall consult with the Director 
     of United States Marshals Service on a continuing basis 
     regarding the security requirements for the judicial branch 
     of the United States Government, to ensure that the views of 
     the Judicial Conference regarding the security requirements 
     for the judicial branch of the Federal Government are taken 
     into account when determining staffing levels, setting 
     priorities for programs regarding judicial security, and 
     allocating judicial security resources. In this paragraph, 
     the term `judicial security' includes the security of 
     buildings housing the judiciary, the personal security of 
     judicial officers, the assessment of threats made to judicial 
     officers, and the protection of all other judicial personnel. 
     The United States Marshals Service retains final authority 
     regarding security requirements for the judicial branch of 
     the Federal Government.''.

     SEC. 102. PROTECTION OF FAMILY MEMBERS.

       Section 105(b)(3) of the Ethics in Government Act of 1978 
     (5 U.S.C. App.) is amended--
       (1) in subparagraph (A), by inserting ``or a family member 
     of that individual'' after ``that individual''; and
       (2) in subparagraph (B)(i), by inserting ``or a family 
     member of that individual'' after ``the report''.

     SEC. 103. FINANCIAL DISCLOSURE REPORTS.

       (a) Extension of Authority.--Section 105(b)(3) of the 
     Ethics in Government Act of 1978 (5 U.S.C. App) is amended by 
     striking ``2005'' each place that term appears and inserting 
     ``2009''.
       (b) Report Contents.--Section 105(b)(3)(C) of the Ethics in 
     Government Act of 1978 (5 U.S.C. App) is amended--
       (1) in clause (ii), by striking ``and'' at the end;
       (2) in clause (iii), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(iv) the nature or type of information redacted;
       ``(v) what steps or procedures are in place to ensure that 
     sufficient information is available to litigants to determine 
     if there is a conflict of interest;
       ``(vi) principles used to guide implementation of redaction 
     authority; and
       ``(vii) any public complaints received in regards to 
     redaction.''.

[[Page S11365]]

     SEC. 104. PROTECTION OF UNITED STATES TAX COURT.

       (a) In General.--Section 566(a) of title 28, United States 
     Code, is amended by striking ``and the Court of International 
     Trade'' and inserting ``, the Court of International Trade, 
     and any other court, as provided by law''.
       (b) Internal Revenue Code.--Section 7456(c) of the Internal 
     Revenue Code of 1986 (relating to incidental powers of the 
     Tax Court) is amended in the matter following paragraph (3), 
     by striking the period at the end, and inserting ``and may 
     otherwise provide for the security of the Tax Court, 
     including the personal protection of Tax Court judges, court 
     officers, witnesses, and other threatened person in the 
     interests of justice, where criminal intimidation impedes on 
     the functioning of the judicial process or any other official 
     proceeding.''.

     SEC. 105. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS 
                   SERVICE TO PROTECT THE JUDICIARY.

       In addition to any other amounts authorized to be 
     appropriated for the United States Marshals Service, there 
     are authorized to be appropriated for the United States 
     Marshals Service to protect the judiciary, $20,000,000 for 
     each of fiscal years 2006 through 2010 for--
       (1) hiring entry-level deputy marshals for providing 
     judicial security;
       (2) hiring senior-level deputy marshals for investigating 
     threats to the judiciary and providing protective details to 
     members of the judiciary and assistant United States 
     attorneys; and
       (3) for the Office of Protective Intelligence, for hiring 
     senior-level deputy marshals, hiring program analysts, and 
     providing secure computer systems.

TITLE II--CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS, 
                             AND WITNESSES

     SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING OF 
                   FICTITIOUS LIENS AGAINST FEDERAL JUDGES AND 
                   FEDERAL LAW ENFORCEMENT OFFICERS.

       (a) Offense.--Chapter 73 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL 
                   LAW ENFORCEMENT OFFICER BY FALSE CLAIM OR 
                   SLANDER OF TITLE.

       ``Whoever files, attempts to file, or conspires to file, in 
     any public record or in any private record which is generally 
     available to the public, any false lien or encumbrance 
     against the real or personal property of an individual 
     described in section 1114, on account of the performance of 
     official duties by that individual, knowing or having reason 
     to know that such lien or encumbrance is false or contains 
     any materially false, fictitious, or fraudulent statement or 
     representation, shall be fined under this title or imprisoned 
     for not more than 10 years, or both.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     73 of title 18, United States Code, is amended by adding at 
     the end the following new item:
       ``1521. Retaliating against a Federal judge or Federal law 
           enforcement officer by false claim or slander of 
           title.''.

     SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN 
                   OFFICIAL DUTIES.

       (a) Offense.--Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 118. Protection of individuals performing certain 
       official duties

       ``(a) In General.--Whoever knowingly makes restricted 
     personal information about a covered official, or a member of 
     the immediate family of that covered official, publicly 
     available--
       ``(1) with the intent to threaten, intimidate, or incite 
     the commission of a crime of violence against that covered 
     official, or a member of the immediate family of that covered 
     official; or
       ``(2) with the intent and knowledge that the restricted 
     personal information will be used to threaten, intimidate, or 
     facilitate the commission of a crime of violence against that 
     covered official, or a member of the immediate family of that 
     covered official,

     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(b) Definitions.--In this section--
       ``(1) the term `restricted personal information' means, 
     with respect to an individual, the Social Security number, 
     the home address, home phone number, mobile phone number, 
     personal email, or home fax number of, and identifiable to, 
     that individual;
       ``(2) the term `covered official' means--
       ``(A) an individual designated in section 1114; or
       ``(B) a grand or petit juror, witness, or other officer in 
     or of, any court of the United States, or an officer who may 
     be serving at any examination or other proceeding before any 
     United States magistrate judge or other committing 
     magistrate;
       ``(3) the term `crime of violence' has the meaning given 
     the term in section 16; and
       ``(4) the term `immediate family' has the meaning given the 
     term in section 115(c)(2).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new item:

       ``118. Protection of individuals performing certain 
           official duties.''.

     SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN 
                   FEDERAL COURT FACILITIES.

       Section 930(e)(1) of title 18, United States Code, is 
     amended by inserting ``or other dangerous weapon'' after 
     ``firearm''.

     SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A 
                   WITNESS.

       Section 1513 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(g) A prosecution under this section may be brought in 
     the district in which the official proceeding (whether 
     pending, about to be instituted, or completed) was intended 
     to be affected, or in which the conduct constituting the 
     alleged offense occurred.''.

     SEC. 205. MODIFICATION OF TAMPERING WITH A WITNESS, VICTIM, 
                   OR AN INFORMANT OFFENSE.

       (a) Changes in Penalties.--Section 1512 of title 18, United 
     States Code, is amended--
       (1) so that subparagraph (A) of subsection (a)(3) reads as 
     follows:
       ``(A) in the case of a killing, the punishment provided in 
     sections 1111 and 1112;'';
       (2) in subsection (a)(3)--
       (A) in the matter following clause (ii) of subparagraph (B) 
     by striking ``20 years'' and inserting ``30 years''; and
       (B) in subparagraph (C), by striking ``10 years'' and 
     inserting ``20 years'';
       (3) in subsection (b), by striking ``ten years'' and 
     inserting ``20 years''; and
       (4) in subsection (d), by striking ``one year'' and 
     inserting ``3 years''.

     SEC. 206. MODIFICATION OF RETALIATION OFFENSE.

       Section 1513 of title 18, United States Code, is amended--
       (1) in subsection (a)(1)(B)--
       (A) by inserting a comma after ``probation''; and
       (B) by striking the comma which immediately follows another 
     comma;
       (2) in subsection (a)(2)(B), by striking ``20 years'' and 
     inserting ``30 years'';
       (3) in subsection (b)--
       (A) in paragraph (2)--
       (i) by inserting a comma after ``probation''; and
       (ii) by striking the comma which immediately follows 
     another comma; and
       (B) in the matter following paragraph (2), by striking 
     ``ten years'' and inserting ``20 years''; and
       (4) by redesignating the second subsection (e) as 
     subsection (f).

     SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND 
                   RELATED CRIMES.

       Section 1112(b) of title 18, United States Code, is 
     amended--
       (1) by striking ``ten years'' and inserting ``20 years''; 
     and
       (2) by striking ``six years'' and inserting ``10 years''.

TITLE III--PROTECTING STATE AND LOCAL JUDGES AND RELATED GRANT PROGRAMS

     SEC. 301. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS 
                   OF CRIMES.

       (a) In General.--Section 31702 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13862) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(5) by a State, unit of local government, or Indian tribe 
     to create and expand witness and victim protection programs 
     to prevent threats, intimidation, and retaliation against 
     victims of, and witnesses to, violent crimes.''.
       (b) Authorization of Appropriations.--Section 31707 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13867) is amended to read as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     each of the fiscal years 2006 through 2010 to carry out this 
     subtitle.''.

     SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL 
                   GRANTS.

       (a) Correctional Options Grants.--Section 515 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3762a) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) grants to State courts to improve security for State 
     and local court systems.''; and
       (2) in subsection (b), by inserting after the period the 
     following:
     ``Priority shall be given to State court applicants under 
     subsection (a)(4) that have the greatest demonstrated need to 
     provide security in order to administer justice.''.
       (b) Allocations.--Section 516(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is 
     amended by--
       (1) striking ``80'' and inserting ``70'';
       (2) striking ``and 10'' and inserting ``10''; and
       (3) inserting before the period the following: ``, and 10 
     percent for section 515(a)(4)''.
       (c) State and Local Governments to Consider Courts.--The 
     Attorney General may require, as appropriate, that whenever a 
     State or unit of local government or Indian tribe applies for 
     a grant from the Department of Justice, the State, unit, or 
     tribe demonstrate that, in developing the application and 
     distributing funds, the State, unit, or tribe--

[[Page S11366]]

       (1) considered the needs of the judicial branch of the 
     State, unit, or tribe, as the case may be;
       (2) consulted with the chief judicial officer of the 
     highest court of the State, unit, or tribe, as the case may 
     be; and
       (3) consulted with the chief law enforcement officer of the 
     law enforcement agency responsible for the security needs of 
     the judicial branch of the State, unit, or tribe, as the case 
     may be.
       (d) Armor Vests.--Section 2501 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll) 
     is amended--
       (1) in subsection (a), by inserting ``and State and local 
     court officers'' after ``tribal law enforcement officers''; 
     and
       (2) in subsection (b), by inserting ``State or local 
     court,'' after ``government,''.

                   TITLE IV--LAW ENFORCEMENT OFFICERS

     SEC. 401. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
                   PROVISIONS OF TITLE 18.

       (a) In General.--Section 926B of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(f) For purposes of this section, a law enforcement 
     officer of the Amtrak Police Department or a law enforcement 
     or police officer of the executive branch of the Federal 
     Government qualifies as an employee of a governmental agency 
     who is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers of arrest.''.
       (b) Retired Law Enforcement Officers.--Section 926C of 
     title 18, United States Code, is amended--
       (1) in subsection (c)--
       (A) in paragraph (3)(A), by striking ``was regularly 
     employed as a law enforcement officer for an aggregate of 15 
     years or more'' and inserting ``served as a law enforcement 
     officer for an aggregate of 10 years or more'';
       (B) by striking paragraphs (4) and (5) and inserting the 
     following:
       ``(4) during the most recent 12-month period, has met, at 
     the expense of the individual, the standards for 
     qualification in firearms training for active law enforcement 
     officers as set by the officer's former agency, the State in 
     which the officer resides or a law enforcement agency within 
     the State in which the officer resides;''; and
       (C) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively;
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``to meet the standards 
     established by the agency for training and qualification for 
     active law enforcement officers to carry a firearm of the 
     same type as the concealed firearm; or'' and inserting ``to 
     meet the active duty standards for qualification in firearms 
     training as established by the agency to carry a firearm of 
     the same type as the concealed firearm or''; and
       (B) in paragraph (2)(B), by striking ``otherwise found by 
     the State to meet the standards established by the State for 
     training and qualification for active law enforcement 
     officers to carry a firearm of the same type as the concealed 
     firearm.'' and inserting ``otherwise found by the State or a 
     certified firearms instructor that is qualified to conduct a 
     firearms qualification test for active duty officers within 
     that State to have met--
       ``(i) the active duty standards for qualification in 
     firearms training as established by the State to carry a 
     firearm of the same type as the concealed firearm; or
       ``(ii) if the State has not established such standards, 
     standards set by a law enforcement agency within that State 
     to carry a firearm of the same type as the concealed 
     firearm.''; and
       (3) by adding at the end the following:
       ``(f) In this section, the term `service with a public 
     agency as a law enforcement officer' includes service as a 
     law enforcement officer of the Amtrak Police Department or as 
     a law enforcement or police officer of the executive branch 
     of the Federal Government.''.

     SEC. 402. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report on the security of assistant United States attorneys 
     and other Federal attorneys arising from the prosecution of 
     terrorists, violent criminal gangs, drug traffickers, gun 
     traffickers, white supremacists, those who commit fraud and 
     other white-collar offenses, and other criminal cases.
       (b) Contents.--The report submitted under subsection (a) 
     shall describe each of the following:
       (1) The number and nature of threats and assaults against 
     attorneys handling prosecutions described in subsection (a) 
     and the reporting requirements and methods.
       (2) The security measures that are in place to protect the 
     attorneys who are handling prosecutions described in 
     subsection (a), including threat assessments, response 
     procedures, availability of security systems and other 
     devices, firearms licensing (deputations), and other measures 
     designed to protect the attorneys and their families.
       (3) The firearms deputation policies of the Department of 
     Justice, including the number of attorneys deputized and the 
     time between receipt of threat and completion of the 
     deputation and training process.
       (4) For each requirement, measure, or policy described in 
     paragraphs (1) through (3), when the requirement, measure, or 
     policy was developed and who was responsible for developing 
     and implementing the requirement, measure, or policy .
       (5) The programs that are made available to the attorneys 
     for personal security training, including training relating 
     to limitations on public information disclosure, basic home 
     security, firearms handling and safety, family safety, mail 
     handling, counter-surveillance, and self-defense tactics.
       (6) The measures that are taken to provide attorneys 
     handling prosecutions described in subsection (a) with secure 
     parking facilities, and how priorities for such facilities 
     are established--
       (A) among Federal employees within the facility;
       (B) among Department of Justice employees within the 
     facility; and
       (C) among attorneys within the facility.
       (7) The frequency attorneys handling prosecutions described 
     in subsection (a) are called upon to work beyond standard 
     work hours and the security measures provided to protect 
     attorneys at such times during travel between office and 
     available parking facilities.
       (8) With respect to attorneys who are licensed under State 
     laws to carry firearms, the policy of the Department of 
     Justice as to--
       (A) carrying the firearm between available parking and 
     office buildings;
       (B) securing the weapon at the office buildings; and
       (C) equipment and training provided to facilitate safe 
     storage at Department of Justice facilities.
       (9) The offices in the Department of Justice that are 
     responsible for ensuring the security of attorneys handling 
     prosecutions described in subsection (a), the organization 
     and staffing of the offices, and the manner in which the 
     offices coordinate with offices in specific districts.
       (10) The role, if any, that the United States Marshals 
     Service or any other Department of Justice component plays in 
     protecting, or providing security services or training for, 
     attorneys handling prosecutions described in subsection (a).

     SEC. 403. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF QUALIFIED 
                   ACTIVE AND RETIRED LAW ENFORCEMENT OFFICERS.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall begin a study of the number of active and 
     retired law enforcement officers carrying concealed firearms 
     pursuant to sections 926B and 926C of title 18, United States 
     Code.
       (b) Contents.--The study shall determine and analyze the 
     following:
       (1) The number of qualified law enforcement officers in 
     each State or any political subdivision thereof carrying a 
     concealed firearm under section 926B of title 18, United 
     States Code.
       (2) The number of qualified retired law enforcement 
     officers in each State or any political subdivision thereof 
     carrying a concealed firearm under section 926C of title 18, 
     United States Code.
       (3) The number of qualified retired law enforcement 
     officers with less than 15 years of service carrying a 
     concealed firearm.
       (4) The number of qualified retired law enforcement 
     officers obtaining certification from a certified firearms 
     instructor that is qualified to conduct a firearms 
     qualification test for active duty officers within that State 
     to have met the active duty standards for qualification in 
     firearms training as established by the State or, if the 
     State has not established such standards, standards set by a 
     law enforcement agency for training and qualification for 
     active duty law enforcement officers within that State, to 
     carry a firearm of the same type as the concealed firearm. 
     The report shall also include detailed information on the 
     differences between the certification requirements set forth 
     by each State and each law enforcement agency within that 
     State authorized to issue certifications for concealed 
     weapons under sections 926B and 926C of title 18, United 
     States Code.
       (5) A detailed analysis and comparison of the criteria used 
     in each State or any political subdivision thereof to 
     determine whether an individual is qualified to carry a 
     concealed weapon under section 926C(c)(5) of title 18, United 
     States Code.
       (c) Opportunity for Public Comment.--The Comptroller 
     General shall provide an opportunity for public comment on 
     the proposed scope and methodology for the report required by 
     subsections (a) and (b), making such modifications in 
     response to such comments as he deems appropriate.
       (d) Report.--Not later than 15 months after the date of the 
     enactment of this Act, the Comptroller General shall complete 
     the study under this section and submit a report to the 
     Committees on the Judiciary the Senate and the Committee on 
     the Judiciary of the House of Representatives regarding the 
     findings of the study.

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE UNITED 
                   STATES SENTENCING COMMISSION.

       (a) In General.--Section 995 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(f) The Commission may--
       ``(1) use available funds to enter into contracts for the 
     acquisition of severable services for a period that begins in 
     1 fiscal year

[[Page S11367]]

     and ends in the next fiscal year, to the same extent as 
     executive agencies may enter into such contracts under the 
     authority of section 303L of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253l);
       ``(2) enter into multi-year contracts for the acquisition 
     of property or services to the same extent as executive 
     agencies may enter into such contracts under the authority of 
     section 304B of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 254c); and
       ``(3) make advance, partial, progress, or other payments 
     under contracts for property or services to the same extent 
     as executive agencies may make such payments under the 
     authority of section 305 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 255).''.
       (b) Sunset.--The amendment made by subsection (a) shall 
     cease to have force and effect on September 30, 2010.

     SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE 
                   INSURANCE.

       (a) In General.--Section 604(a)(5) of title 28, United 
     States Code, is amended by inserting after ``hold office 
     during good behavior,'' the following: ``bankruptcy judges 
     appointed under section 152 of this title, magistrate judges 
     appointed under section 631 of this title, and territorial 
     district court judges appointed under section 24 of the 
     Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the 
     Act of November 8, 1877 (48 U.S.C. 1821), or section 24(a) of 
     the Revised Organic Act of the Virgin Islands (48 U.S.C. 
     1614(a)),''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to any payment made on or after the 
     first day of the first applicable pay period beginning on or 
     after the date of enactment of this Act.

     SEC. 503. ASSIGNMENT OF JUDGES.

       Section 296 of title 28, United States Code, is amended by 
     inserting at the end of the second undesignated paragraph the 
     following new sentence: ``However, a judge who has retired 
     from regular active service under section 371(b) of this 
     title, when designated and assigned to the court to which 
     such judge was appointed, shall have all the powers of a 
     judge of that court, including participation in appointment 
     of court officers and magistrates, rulemaking, governance, 
     and administrative matters.''.

     SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF 
                   MAGITRATES.

       Section 631(a) of title 28, United States Code, is amended 
     by striking ``Northern Mariana Islands'' the first place it 
     appears and inserting ``Northern Mariana Islands (including 
     any judge in regular active service and any judge who has 
     retired from regular active service under section 371(b) of 
     this title, when designated and assigned to the court to 
     which such judge was appointed)''.

     SEC. 505. REAUTHORIZATION OF THE ETHICS IN GOVERNMENT ACT.

       Section 405 of the Ethics in Government Act of 1978 (5 
     U.S.C. App.) is amended by striking ``2006'' and inserting 
     ``2011''.

     SEC. 506. ELDERLY NONVIOLENT OFFENDER PILOT PROGRAM.

       (a) Program Established.--
       (1) In general.--Notwithstanding section 3624 of title 18, 
     United States Code, or any other provision of law, the 
     Director of the Bureau of Prisons shall conduct a pilot 
     program to determine the effectiveness of removing each 
     eligible elderly offender from a Bureau of Prison facility 
     and placing such offender on home detention until the date on 
     which the term of imprisonment to which the offender was 
     sentenced expires.
       (2) Timing of placement in home detention.--
       (A) In general.--In carrying out the pilot program under 
     paragraph (1), the Director of the Bureau of Prisons shall--
       (i) in the case of an offender who is determined to be an 
     eligible elderly offender on or before the date specified in 
     subparagraph (B), place such offender on home detention not 
     later than 180 days after the date of the enactment of this 
     Act; and
       (ii) in the case of an offender who is determined to be an 
     eligible elderly offender after the date specified in 
     subparagraph (B) and before the date that is 3 years and 91 
     days after the date of the enactment of this Act, place such 
     offender on home detention not later than 90 days after the 
     date of such determination.
       (B) Date specified.--For purposes of subparagraph (A), the 
     date specified in this subparagraph is the date that is 90 
     days after the date of the enactment of this Act.
       (3) Violation of terms of home detention.--A violation by 
     an eligible elderly offender of the terms of the home 
     detention involved, including the commission of another 
     Federal, State, or local crime, shall result in the removal 
     of the offender from home detention and the return of the 
     offender to the form of custody in which the offender was 
     imprisoned immediately before placement on home detention 
     under paragraph (1).
       (b) Scope of Pilot Program.--
       (1) Participating designated facilities.--The pilot program 
     under subsection (a) shall be conducted through at least 1 
     Federal facility designated by the Director of the Bureau of 
     Prisons as appropriate for the pilot program.
       (2) Duration.--The pilot program shall be conducted during 
     each of fiscal years 2007 and 2008.
       (c) Program Evaluation.--
       (1) In general.--The Director of the Bureau of Prisons 
     shall contract with an independent organization to monitor 
     and evaluate the progress of each eligible elderly offender 
     placed on home detention under subsection (a)(1) for the 
     period such offender is on home detention during the duration 
     described in subsection (b)(2).
       (2) Annual report.--The organization described in paragraph 
     (1) shall annually submit to the Director and to Congress a 
     report on the pilot program under subsection (a)(1), which 
     shall include--
       (A) an evaluation of the effectiveness of the pilot program 
     in providing a successful transition to eligible elderly 
     offenders from incarceration to the community, including data 
     relating to the recidivism rates for those offenders; and
       (B) the cost savings to the Federal Government resulting 
     from the early removal of such offenders from incarceration.
       (3) Program adjustments.--Upon review of the report 
     submitted under paragraph (2), the Director shall submit 
     recommendations to Congress for adjustments to the pilot 
     program, including, its expansion to additional facilities.
       (d) Definitions.--In this section:
       (1) Eligible elderly offender.--The term ``eligible elderly 
     offender'' means an offender in the custody of the Bureau of 
     Prisons who--
       (A) is not less than 60 years of age;
       (B) is serving a term of imprisonment after conviction for 
     an offense other than a crime of violence and has served the 
     greater of 10 years or \1/2\ of the term of imprisonment;
       (C) has not been convicted in the past of any Federal or 
     State crime of violence;
       (D) has not been determined by the Bureau of Prisons, on 
     the basis of information the Bureau uses to make custody 
     classifications, and in the sole discretion of the Bureau, to 
     have a history of violence;
       (E) has not escaped, or attempted to escape, from the 
     Bureau of Prisons facility; and
       (F) has not been determined by the Director, pursuant to 
     the disciplinary system of the Bureau of Prisons, to have 
     committed an infraction involving an act of violence.
       (2) Home detention.--The term ``home detention'' has the 
     same meaning given the term in the Federal Sentencing 
     Guidelines, and includes detention in a nursing home or other 
     residential long-term care facility.
       (3) Term of imprisonment.--The term ``term of 
     imprisonment'' includes multiple terms of imprisonment 
     ordered to run consecutively or concurrently, which shall be 
     treated as a single, aggregate term of imprisonment for 
     purposes of this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2007 and 2008.
                                 ______
                                 
  SA 5218. Mr. FRIST (for Mr. Stevens) proposed an amendment to the 
bill S. 2653, to direct the Federal Communications Commission to make 
efforts to reduce telephone rates for Armed Forces personnel deployed 
overseas; as follows:

       At the appropriate place, insert the following:

     SEC.  PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANTS.

       Pursuant to section 3006 of Public Law 109-171 (47 U.S.C. 
     309 note), the Assistant Secretary for Communications and 
     Information of the Department of Commerce, in consultation 
     with the Secretary of the Department of Homeland Security, 
     shall award no less than $1,000,000,000 for public safety 
     interoperable communications grants no later than September 
     30, 2007 subject to the receipt of qualified applications as 
     determined by the Assistant Secretary.
                                 ______
                                 
  SA 5219. Mr. FRIST (for Mr. Enzi) proposed an amendment to the bill 
H.R. 864, to provide for programs and activities with respect to the 
prevention of underage drinking; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sober Truth on Preventing 
     Underage Drinking Act'' or the ``STOP Act''.

     SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Section 519B of the Public Health Service Act (42 U.S.C. 
     290bb-25b) is amended by striking subsections (a) through (f) 
     and inserting the following:
       ``(a) Definitions.--For purposes of this section:
       ``(1) The term `alcohol beverage industry' means the 
     brewers, vintners, distillers, importers, distributors, and 
     retail or online outlets that sell or serve beer, wine, and 
     distilled spirits.
       ``(2) The term `school-based prevention' means programs, 
     which are institutionalized, and run by staff members or 
     school-designated persons or organizations in any grade of 
     school, kindergarten through 12th grade.
       ``(3) The term `youth' means persons under the age of 21.
       ``(4) The term `IOM report' means the report released in 
     September 2003 by the National Research Council, Institute of 
     Medicine, and entitled `Reducing Underage Drinking: A 
     Collective Responsibility'.
       ``(b) Sense of Congress.--It is the sense of the Congress 
     that:

[[Page S11368]]

       ``(1) A multi-faceted effort is needed to more successfully 
     address the problem of underage drinking in the United 
     States. A coordinated approach to prevention, intervention, 
     treatment, enforcement, and research is key to making 
     progress. This Act recognizes the need for a focused national 
     effort, and addresses particulars of the Federal portion of 
     that effort, as well as Federal support for State activities.
       ``(2) The Secretary of Health and Human Services shall 
     continue to conduct research and collect data on the short 
     and long-range impact of alcohol use and abuse upon 
     adolescent brain development and other organ systems.
       ``(3) States and communities, including colleges and 
     universities, are encouraged to adopt comprehensive 
     prevention approaches, including--
       ``(A) evidence-based screening, programs and curricula;
       ``(B) brief intervention strategies;
       ``(C) consistent policy enforcement; and
       ``(D) environmental changes that limit underage access to 
     alcohol.
       ``(4) Public health groups, consumer groups, and the 
     alcohol beverage industry should continue and expand 
     evidence-based efforts to prevent and reduce underage 
     drinking.
       ``(5) The entertainment industries have a powerful impact 
     on youth, and they should use rating systems and marketing 
     codes to reduce the likelihood that underage audiences will 
     be exposed to movies, recordings, or television programs with 
     unsuitable alcohol content.
       ``(6) The National Collegiate Athletic Association, its 
     member colleges and universities, and athletic conferences 
     should affirm a commitment to a policy of discouraging 
     alcohol use among underage students and other young fans.
       ``(7) Alcohol is a unique product and should be regulated 
     differently than other products by the States and Federal 
     Government. States have primary authority to regulate alcohol 
     distribution and sale, and the Federal Government should 
     support and supplement these State efforts. States also have 
     a responsibility to fight youth access to alcohol and reduce 
     underage drinking. Continued State regulation and licensing 
     of the manufacture, importation, sale, distribution, 
     transportation and storage of alcoholic beverages are clearly 
     in the public interest and are critical to promoting 
     responsible consumption, preventing illegal access to alcohol 
     by persons under 21 years of age from commercial and non-
     commercial sources, maintaining industry integrity and an 
     orderly marketplace, and furthering effective State tax 
     collection.
       ``(c) Interagency Coordinating Committee; Annual Report on 
     State Underage Drinking Prevention and Enforcement 
     Activities.--
       ``(1) Interagency coordinating committee on the prevention 
     of underage drinking.--
       ``(A) In general.--The Secretary, in collaboration with the 
     Federal officials specified in subparagraph (B), shall 
     formally establish and enhance the efforts of the interagency 
     coordinating committee, that began operating in 2004, 
     focusing on underage drinking (referred to in this subsection 
     as the `Committee').
       ``(B) Other agencies.--The officials referred to in 
     paragraph (1) are the Secretary of Education, the Attorney 
     General, the Secretary of Transportation, the Secretary of 
     the Treasury, the Secretary of Defense, the Surgeon General, 
     the Director of the Centers for Disease Control and 
     Prevention, the Director of the National Institute on Alcohol 
     Abuse and Alcoholism, the Administrator of the Substance 
     Abuse and Mental Health Services Administration, the Director 
     of the National Institute on Drug Abuse, the Assistant 
     Secretary for Children and Families, the Director of the 
     Office of National Drug Control Policy, the Administrator of 
     the National Highway Traffic Safety Administration, the 
     Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention, the Chairman of the Federal Trade 
     Commission, and such other Federal officials as the Secretary 
     of Health and Human Services determines to be appropriate.
       ``(C) Chair.--The Secretary of Health and Human Services 
     shall serve as the chair of the Committee.
       ``(D) Duties.--The Committee shall guide policy and program 
     development across the Federal Government with respect to 
     underage drinking, provided, however, that nothing in this 
     section shall be construed as transferring regulatory or 
     program authority from an Agency to the Coordinating 
     Committee.
       ``(E) Consultations.--The Committee shall actively seek the 
     input of and shall consult with all appropriate and 
     interested parties, including States, public health research 
     and interest groups, foundations, and alcohol beverage 
     industry trade associations and companies.
       ``(F) Annual report.--
       ``(i) In general.--The Secretary, on behalf of the 
     Committee, shall annually submit to the Congress a report 
     that summarizes--

       ``(I) all programs and policies of Federal agencies 
     designed to prevent and reduce underage drinking;
       ``(II) the extent of progress in preventing and reducing 
     underage drinking nationally;
       ``(III) data that the Secretary shall collect with respect 
     to the information specified in clause (ii); and
       ``(IV) such other information regarding underage drinking 
     as the Secretary determines to be appropriate.

       ``(ii) Certain information.--The report under clause (i) 
     shall include information on the following:

       ``(I) Patterns and consequences of underage drinking as 
     reported in research and surveys such as, but not limited to 
     Monitoring the Future, Youth Risk Behavior Surveillance 
     System, the National Survey on Drug Use and Health, and the 
     Fatality Analysis Reporting System.
       ``(II) Measures of the availability of alcohol from 
     commercial and non-commercial sources to underage 
     populations.
       ``(III) Measures of the exposure of underage populations to 
     messages regarding alcohol in advertising and the 
     entertainment media as reported by the Federal Trade 
     Commission.
       ``(IV) Surveillance data, including information on the 
     onset and prevalence of underage drinking, consumption 
     patterns and the means of underage access. The Secretary 
     shall develop a plan to improve the collection, measurement 
     and consistency of reporting Federal underage alcohol data.
       ``(V) Any additional findings resulting from research 
     conducted or supported under subsection (f).
       ``(VI) Evidence-based best practices to prevent and reduce 
     underage drinking and provide treatment services to those 
     youth who need them.

       ``(2) Annual report on state underage drinking prevention 
     and enforcement activities.--
       ``(A) In general.--The Secretary shall, with input and 
     collaboration from other appropriate Federal agencies, 
     States, Indian tribes, territories, and public health, 
     consumer, and alcohol beverage industry groups, annually 
     issue a report on each State's performance in enacting, 
     enforcing, and creating laws, regulations, and programs to 
     prevent or reduce underage drinking.
       ``(B) State performance measures.--
       ``(i) In general.--The Secretary shall develop, in 
     consultation with the Committee, a set of measures to be used 
     in preparing the report on best practices.
       ``(ii) Categories.--In developing these measures, the 
     Secretary shall consider categories including, but not 
     limited to:

       ``(I) Whether or not the State has comprehensive anti-
     underage drinking laws such as for the illegal sale, 
     purchase, attempt to purchase, consumption, or possession of 
     alcohol; illegal use of fraudulent ID; illegal furnishing or 
     obtaining of alcohol for an individual under 21 years; the 
     degree of strictness of the penalties for such offenses; and 
     the prevalence of the enforcement of each of these 
     infractions.
       ``(II) Whether or not the State has comprehensive liability 
     statutes pertaining to underage access to alcohol such as 
     dram shop, social host, and house party laws, and the 
     prevalence of enforcement of each of these laws.
       ``(III) Whether or not the State encourages and conducts 
     comprehensive enforcement efforts to prevent underage access 
     to alcohol at retail outlets, such as random compliance 
     checks and shoulder tap programs, and the number of 
     compliance checks within alcohol retail outlets measured 
     against the number of total alcohol retail outlets in each 
     State, and the result of such checks.
       ``(IV) Whether or not the State encourages training on the 
     proper selling and serving of alcohol for all sellers and 
     servers of alcohol as a condition of employment.
       ``(V) Whether or not the State has policies and regulations 
     with regard to direct sales to consumers and home delivery of 
     alcoholic beverages.
       ``(VI) Whether or not the State has programs or laws to 
     deter adults from purchasing alcohol for minors; and the 
     number of adults targeted by these programs.
       ``(VII) Whether or not the State has programs targeted to 
     youths, parents, and caregivers to deter underage drinking; 
     and the number of individuals served by these programs.
       ``(VIII) Whether or not the State has enacted graduated 
     drivers licenses and the extent of those provisions.
       ``(IX) The amount that the State invests, per youth capita, 
     on the prevention of underage drinking, further broken down 
     by the amount spent on--

       ``(aa) compliance check programs in retail outlets, 
     including providing technology to prevent and detect the use 
     of false identification by minors to make alcohol purchases;
       ``(bb) checkpoints and saturation patrols that include the 
     goal of reducing and deterring underage drinking;
       ``(cc) community-based, school-based, and higher-education-
     based programs to prevent underage drinking;
       ``(dd) underage drinking prevention programs that target 
     youth within the juvenile justice and child welfare systems; 
     and
       ``(ee) other State efforts or programs as deemed 
     appropriate.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $1,000,000 for fiscal year 2007, and $1,000,000 for each of 
     the fiscal years 2008 through 2010.
       ``(d) National Media Campaign to Prevent Underage 
     Drinking.--
       ``(1) Scope of the campaign.--The Secretary shall continue 
     to fund and oversee the production, broadcasting, and 
     evaluation of the national adult-oriented media public 
     service campaign if the Secretary determines that such 
     campaign is effective in achieving the media campaign's 
     measurable objectives.

[[Page S11369]]

       ``(2) Report.--The Secretary shall provide a report to the 
     Congress annually detailing the production, broadcasting, and 
     evaluation of the campaign referred to in paragraph (1), and 
     to detail in the report the effectiveness of the campaign in 
     reducing underage drinking, the need for and likely 
     effectiveness of an expanded adult-oriented media campaign, 
     and the feasibility and the likely effectiveness of a 
     national youth-focused media campaign to combat underage 
     drinking.
       ``(3) Consultation requirement.--In carrying out the media 
     campaign, the Secretary shall direct the entity carrying out 
     the national adult-oriented media public service campaign to 
     consult with interested parties including both the alcohol 
     beverage industry and public health and consumer groups. The 
     progress of this consultative process is to be covered in the 
     report under paragraph (2).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     $1,000,000 for fiscal year 2007 and $1,000,000 for each of 
     the fiscal years 2008 through 2010.
       ``(e) Interventions.--
       ``(1) Community-based coalition enhancement grants to 
     prevent underage drinking.--
       ``(A) Authorization of program.--The Administrator of the 
     Substance Abuse and Mental Health Services Administration, in 
     consultation with the Director of the Office of National Drug 
     Control Policy, shall award, if the Administrator determines 
     that the Department of Health and Human Services is not 
     currently conducting activities that duplicate activities of 
     the type described in this subsection, `enhancement grants' 
     to eligible entities to design, test, evaluate and 
     disseminate effective strategies to maximize the 
     effectiveness of community-wide approaches to preventing and 
     reducing underage drinking. This subsection is subject to the 
     availability of appropriations.
       ``(B) Purposes.--The purposes of this paragraph are to--
       ``(i) prevent and reduce alcohol use among youth in 
     communities throughout the United States;
       ``(ii) strengthen collaboration among communities, the 
     Federal Government, and State, local, and tribal governments;
       ``(iii) enhance intergovernmental cooperation and 
     coordination on the issue of alcohol use among youth;
       ``(iv) serve as a catalyst for increased citizen 
     participation and greater collaboration among all sectors and 
     organizations of a community that first demonstrates a long-
     term commitment to reducing alcohol use among youth;
       ``(v) disseminate to communities timely information 
     regarding state-of-the-art practices and initiatives that 
     have proven to be effective in preventing and reducing 
     alcohol use among youth; and
       ``(vi) enhance, not supplant, effective local community 
     initiatives for preventing and reducing alcohol use among 
     youth.
       ``(C) Application.--An eligible entity desiring an 
     enhancement grant under this paragraph shall submit an 
     application to the Administrator at such time, and in such 
     manner, and accompanied by such information as the 
     Administrator may require. Each application shall include--
       ``(i) a complete description of the entity's current 
     underage alcohol use prevention initiatives and how the grant 
     will appropriately enhance the focus on underage drinking 
     issues; or
       ``(ii) a complete description of the entity's current 
     initiatives, and how it will use this grant to enhance those 
     initiatives by adding a focus on underage drinking 
     prevention.
       ``(D) Uses of funds.--Each eligible entity that receives a 
     grant under this paragraph shall use the grant funds to carry 
     out the activities described in such entity's application 
     submitted pursuant to subparagraph (C). Grants under this 
     paragraph shall not exceed $50,000 per year and may not 
     exceed four years.
       ``(E) Supplement not supplant.--Grant funds provided under 
     this paragraph shall be used to supplement, not supplant, 
     Federal and non-Federal funds available for carrying out the 
     activities described in this paragraph.
       ``(F) Evaluation.--Grants under this paragraph shall be 
     subject to the same evaluation requirements and procedures as 
     the evaluation requirements and procedures imposed on 
     recipients of drug free community grants.
       ``(G) Definitions.--For purposes of this paragraph, the 
     term `eligible entity' means an organization that is 
     currently receiving or has received grant funds under the 
     Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.).
       ``(H) Administrative expenses.--Not more than 6 percent of 
     a grant under this paragraph may be expended for 
     administrative expenses.
       ``(I) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     $5,000,000 for fiscal year 2007, and $5,000,000 for each of 
     the fiscal years 2008 through 2010.
       ``(2) Grants directed at preventing and reducing alcohol 
     abuse at institutions of higher education.--
       ``(A) Authorization of program.--The Secretary shall award 
     grants to eligible entities to enable the entities to prevent 
     and reduce the rate of underage alcohol consumption including 
     binge drinking among students at institutions of higher 
     education.
       ``(B) Applications.--An eligible entity that desires to 
     receive a grant under this paragraph shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require. Each application shall include--
       ``(i) a description of how the eligible entity will work to 
     enhance an existing, or where none exists to build a, 
     statewide coalition;
       ``(ii) a description of how the eligible entity will target 
     underage students in the State;
       ``(iii) a description of how the eligible entity intends to 
     ensure that the statewide coalition is actually implementing 
     the purpose of this section and moving toward indicators 
     described in subparagraph (D);
       ``(iv) a list of the members of the statewide coalition or 
     interested parties involved in the work of the eligible 
     entity;
       ``(v) a description of how the eligible entity intends to 
     work with State agencies on substance abuse prevention and 
     education;
       ``(vi) the anticipated impact of funds provided under this 
     paragraph in preventing and reducing the rates of underage 
     alcohol use;
       ``(vii) outreach strategies, including ways in which the 
     eligible entity proposes to--

       ``(I) reach out to students and community stakeholders;
       ``(II) promote the purpose of this paragraph;
       ``(III) address the range of needs of the students and the 
     surrounding communities; and
       ``(IV) address community norms for underage students 
     regarding alcohol use; and

       ``(viii) such additional information as required by the 
     Secretary.
       ``(C) Uses of funds.--Each eligible entity that receives a 
     grant under this paragraph shall use the grant funds to carry 
     out the activities described in such entity's application 
     submitted pursuant to subparagraph (B).
       ``(D) Accountability.--On the date on which the Secretary 
     first publishes a notice in the Federal Register soliciting 
     applications for grants under this paragraph, the Secretary 
     shall include in the notice achievement indicators for the 
     program authorized under this paragraph. The achievement 
     indicators shall be designed--
       ``(i) to measure the impact that the statewide coalitions 
     assisted under this paragraph are having on the institutions 
     of higher education and the surrounding communities, 
     including changes in the number of incidents of any kind in 
     which students have abused alcohol or consumed alcohol while 
     under the age of 21 (including violations, physical assaults, 
     sexual assaults, reports of intimidation, disruptions of 
     school functions, disruptions of student studies, mental 
     health referrals, illnesses, or deaths);
       ``(ii) to measure the quality and accessibility of the 
     programs or information offered by the eligible entity; and
       ``(iii) to provide such other measures of program impact as 
     the Secretary determines appropriate.
       ``(E) Supplement not supplant.--Grant funds provided under 
     this paragraph shall be used to supplement, and not supplant, 
     Federal and non-Federal funds available for carrying out the 
     activities described in this paragraph.
       ``(F) Definitions.--For purposes of this paragraph:
       ``(i) Eligible entity.--The term `eligible entity' means a 
     State, institution of higher education, or nonprofit entity.
       ``(ii) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(iii) Secretary.--The term `Secretary' means the 
     Secretary of Education.
       ``(iv) State.--The term `State' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       ``(v) Statewide coalition.--The term `statewide coalition' 
     means a coalition that--

       ``(I) includes, but is not limited to--

       ``(aa) institutions of higher education within a State; and
       ``(bb) a nonprofit group, a community underage drinking 
     prevention coalition, or another substance abuse prevention 
     group within a State; and

       ``(II) works toward lowering the alcohol abuse rate by 
     targeting underage students at institutions of higher 
     education throughout the State and in the surrounding 
     communities.

       ``(vi) Surrounding community.--The term `surrounding 
     community' means the community--

       ``(I) that surrounds an institution of higher education 
     participating in a statewide coalition;
       ``(II) where the students from the institution of higher 
     education take part in the community; and
       ``(III) where students from the institution of higher 
     education live in off-campus housing.

       ``(G) Administrative expenses.--Not more than 5 percent of 
     a grant under this paragraph may be expended for 
     administrative expenses.
       ``(H) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     $5,000,000 for fiscal year 2007, and $5,000,000 for each of 
     the fiscal years 2008 through 2010.
       ``(f) Additional Research.--
       ``(1) Additional research on underage drinking.--
       ``(A) In general.--The Secretary shall, subject to the 
     availability of appropriations,

[[Page S11370]]

     collect data, and conduct or support research that is not 
     duplicative of research currently being conducted or 
     supported by the Department of Health and Human Services, on 
     underage drinking, with respect to the following:
       ``(i) Comprehensive community-based programs or strategies 
     and statewide systems to prevent and reduce underage 
     drinking, across the underage years from early childhood to 
     age 21, including programs funded and implemented by 
     government entities, public health interest groups and 
     foundations, and alcohol beverage companies and trade 
     associations.
       ``(ii) Annually obtain and report more precise information 
     than is currently collected on the scope of the underage 
     drinking problem and patterns of underage alcohol 
     consumption, including improved knowledge about the problem 
     and progress in preventing, reducing and treating underage 
     drinking; as well as information on the rate of exposure of 
     youth to advertising and other media messages encouraging and 
     discouraging alcohol consumption.
       ``(iii) Compiling information on the involvement of alcohol 
     in unnatural deaths of persons ages 12 to 20 in the United 
     States, including suicides, homicides, and unintentional 
     injuries such as falls, drownings, burns, poisonings, and 
     motor vehicle crash deaths.
       ``(B) Certain matters.--The Secretary shall carry out 
     activities toward the following objectives with respect to 
     underage drinking:
       ``(i) Obtaining new epidemiological data within the 
     national or targeted surveys that identify alcohol use and 
     attitudes about alcohol use during pre- and early 
     adolescence, including harm caused to self or others as a 
     result of adolescent alcohol use such as violence, date rape, 
     risky sexual behavior, and prenatal alcohol exposure.
       ``(ii) Developing or identifying successful clinical 
     treatments for youth with alcohol problems.
       ``(C) Peer review.--Research under subparagraph (A) shall 
     meet current Federal standards for scientific peer review.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $6,000,000 for fiscal year 2007, and $6,000,000 for each of 
     the fiscal years 2008 through 2010.''.

                                 ______
                                 
  SA 5220. Mr. FRIST (for Mr. Stevens) proposed an amendment to the 
bill H.R. 4075, to amend the Marine Mammal Protection Act of 1972 to 
provide for better understanding and protection of marine mammals, and 
for other purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States-Russia Polar 
     Bear Conservation and Management Act of 2006''.

     SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

       (a) In General.--The Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1361 et seq.) is amended by adding at the end 
     thereof the following:

                         ``TITLE V--POLAR BEARS

     ``SEC. 501. DEFINITIONS.

       ``In this title:
       ``(1) Agreement.--The term ``Agreement'' means the 
     Agreement Between the Government of the United States of 
     America and the Government of the Russian Federation on the 
     Conservation and Management of the Alaska-Chukotka Polar Bear 
     Population, signed at Washington, D.C., on October 16, 2000.
       ``(2) Alaska nanuuq commission.--The term ``Alaska Nanuuq 
     Commission'' means the Alaska Native entity, in existence on 
     the date of enactment of the United States-Russia Polar Bear 
     Conservation and Management Act of 2006, that represents all 
     villages in the State of Alaska that engage in the annual 
     subsistence taking of polar bears from the Alaska-Chukotka 
     population and any successor entity.
       ``(3) Import.--The term ``import'' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, without regard to whether the landing, 
     bringing, or introduction constitutes an importation within 
     the meaning of the customs laws of the United States.
       ``(4) Polar bear part or product.--The term ``part or 
     product of a polar bear'' means any polar bear part or 
     product, including the gall bile and gall bladder.
       ``(5) Secretary.--The term ``Secretary'' means the 
     Secretary of the Interior.
       ``(6) Taking.--The term ``taking'' has the meaning given 
     the term in the Agreement.
       ``(7) Commission.--The term ``Commission'' means the 
     commission established under article 8 of the Agreement.

     ``SEC. 502. PROHIBITIONS.

       ``(a) In General.--It is unlawful for any person who is 
     subject to the jurisdiction of the United States or any 
     person in waters or on lands under the jurisdiction of the 
     United States--
       ``(1) to take any polar bear in violation of the Agreement;
       ``(2) to take any polar bear in violation of the Agreement 
     or any annual taking limit or other restriction on the taking 
     of polar bears that is adopted by the Commission pursuant to 
     the Agreement;
       ``(3) to import, export, possess, transport, sell, receive, 
     acquire, or purchase, exchange, barter, or offer to sell, 
     purchase, exchange, or barter any polar bear, or any part or 
     product of a polar bear, that is taken in violation of 
     paragraph (2);
       ``(4) to import, export, sell, purchase, exchange, barter, 
     or offer to sell, purchase, exchange, or barter, any polar 
     bear gall bile or polar bear gall bladder;
       ``(5) to attempt to commit, solicit another person to 
     commit, or cause to be committed, any offense under this 
     subsection; or
       ``(6) to violate any regulation promulgated by the 
     Secretary to implement any of the prohibitions established in 
     this subsection.
       ``(b) Exceptions.--For the purpose of forensic testing or 
     any other law enforcement purpose, the Secretary, and Federal 
     law enforcement officials, and any State or local law 
     enforcement official authorized by the Secretary, may import 
     a polar bear or any part or product of a polar bear.

     ``SEC. 503. ADMINISTRATION.

       ``(a) In General.--The Secretary, acting through the 
     Director of the United States Fish and Wildlife Service, 
     shall do all things necessary and appropriate, including the 
     promulgation of regulations, to implement, enforce, and 
     administer the provisions of the Agreement on behalf of the 
     United States. The Secretary shall consult with the Secretary 
     of State and the Alaska Nanuuq Commission on matters 
     involving the implementation of the Agreement.
       ``(b) Utilization of Other Government Resources and 
     Authorities.--
       ``(1) Other government resources.--The Secretary may 
     utilize by agreement, with or without reimbursement, the 
     personnel, services, and facilities of any other Federal 
     agency, any State agency, or the Alaska Nanuuq Commission for 
     purposes of carrying out this title or the Agreement.
       ``(2) Other powers and authorities.--Any person authorized 
     by the Secretary under this subsection to enforce this title 
     or the Agreement shall have the authorities that are 
     enumerated in section 6(b) of the Lacey Act Amendments of 
     1981 (16 U.S.C. 3375(b)).
       ``(c) Ensuring Compliance.--
       ``(1) Title i authorities.--The Secretary may use 
     authorities granted under title I for enforcement, imposition 
     of penalties, and the seizure of cargo for violations under 
     this title, provided that any polar bear or any part or 
     product of a polar bear taken, imported, exported, possessed, 
     transported, sold, received, acquired, purchased, exchanged, 
     or bartered, or offered for sale, purchase, exchange, or 
     barter in violation of this title, shall be subject to 
     seizure and forfeiture to the United States without any 
     showing that may be required for assessment of a civil 
     penalty or for criminal prosecution under this Act.
       ``(2) Additional authorities.--Any gun, trap, net, or other 
     equipment used, and any vessel, aircraft, or other means of 
     transportation used, to aid in the violation or attempted 
     violation of this title shall be subject to seizure and 
     forfeiture under section 106.
       ``(d) Regulations.--
       ``(1) In general.--The Secretary shall promulgate such 
     regulations as are necessary to carry out this title and the 
     Agreement.
       ``(2) Ordinances and regulations.--If necessary to carry 
     out this title and the Agreement, and to improve compliance 
     with any annual taking limit or other restriction on taking 
     adopted by the Commission and implemented by the Secretary in 
     accordance with this title, the Secretary may promulgate 
     regulations that adopt any ordinance or regulation that 
     restricts the taking of polar bears for subsistence purposes 
     if the ordinance or regulation has been promulgated by the 
     Alaska Nanuuq Commission.

     ``SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO 
                   DELEGATE ENFORCEMENT AUTHORITY.

       ``(a) In General.--The Secretary, acting through the 
     Director of the United States Fish and Wildlife Service, may 
     share authority under this title for the management of the 
     taking of polar bears for subsistence purposes with the 
     Alaska Nanuuq Commission if such commission is eligible under 
     subsection (b).
       ``(b) Delegation.--To be eligible for the management 
     authority described in subsection (a), the Alaska Nanuuq 
     Commission shall--
       ``(1) enter into a cooperative agreement with the Secretary 
     under section 119 for the conservation of polar bears;
       ``(2) meaningfully monitor compliance with this title and 
     the Agreement by Alaska Natives; and
       ``(3) administer its co-management program for polar bears 
     in accordance with--
       ``(A) this title; and
       ``(B) the Agreement.

     ``SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL 
                   EXPENSES, AND CLAIMS.

       ``(a) Appointment of U.S. Commissioners.--
       ``(1) Appointment.--The United States commissioners on the 
     Commission shall be appointed by the President, in accordance 
     with paragraph 2 of article 8 of the Agreement, after taking 
     into consideration the recommendations of--
       ``(A) the Secretary;
       ``(B) the Secretary of State; and
       ``(C) the Alaska Nanuuq Commission.
       ``(2) Qualifications.--With respect to the United States 
     commissioners appointed under this subsection, in accordance 
     with paragraph 2 of article 8 of the Agreement--
       ``(A) 1 United States commissioner shall be an official of 
     the Federal Government;

[[Page S11371]]

       ``(B) 1 United States commissioner shall be a 
     representative of the Native people of Alaska, and, in 
     particular, the Native people for whom polar bears are an 
     integral part of their culture; and
       ``(C) both commissioners shall be knowledgeable of, or have 
     expertise in, polar bears.
       ``(3) Service and term.--Each United States commissioner 
     shall serve--
       ``(A) at the pleasure of the President; and
       ``(B) for an initial 4-year term and such additional terms 
     as the President shall determine.
       ``(4) Vacancies.--
       ``(A) In general.--Any individual appointed to fill a 
     vacancy occurring before the expiration of any term of office 
     of a United States commissioner shall be appointed for the 
     remainder of that term.
       ``(B) Manner.--Any vacancy on the Commission shall be 
     filled in the same manner as the original appointment.
       ``(b) Alternate Commissioners.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of State and the Alaska Nanuuq Commission, shall 
     designate an alternate commissioner for each member of the 
     United States section.
       ``(2) Duties.--In the absence of a United States 
     commissioner, an alternate commissioner may exercise all 
     functions of the United States commissioner at any meetings 
     of the Commission or of the United States section.
       ``(3) Reappointment.--An alternate commissioner--
       ``(A) shall be eligible for reappointment by the President; 
     and
       ``(B) may attend all meetings of the United States section.
       ``(c) Duties.--The members of the United States section may 
     carry out the functions and responsibilities described in 
     article 8 of the Agreement in accordance with this title and 
     the Agreement.
       ``(d) Compensation and Expenses.--
       ``(1) Compensation.--A member of the United States section 
     shall serve without compensation.
       ``(2) Travel expenses.--A member of the United States 
     section shall be allowed travel expenses, including per diem 
     in lieu of subsistence, at rates authorized for an employee 
     of an agency under subchapter I of chapter 57 of title 5, 
     United States Code, while away from the home or regular place 
     of business of the member in the performance of the duties of 
     the United States-Russia Polar Bear Commission.
       ``(e) Agency Designation.--The United States section shall, 
     for the purpose of title 28, United States Code, relating to 
     claims against the United States and tort claims procedure, 
     be considered to be a Federal agency.

     ``SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON 
                   MATTERS BEFORE THE COMMISSION.

       ``In accordance with paragraph 3 of article 8 of the 
     Agreement, the United States section, made up of 
     commissioners appointed by the President, shall vote on any 
     issue before the United States-Russia Polar Bear Commission 
     only if there is no disagreement between the United States 
     commissioners regarding the vote.

     ``SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE 
                   COMMISSION.

       ``(a) In General.--The Secretary shall take all necessary 
     actions to implement the decisions and determinations of the 
     Commission under paragraph 7 of article 8 of the Agreement.
       ``(b) Taking Limitation.--Not later than 60 days after the 
     date on which the Secretary receives notice of the 
     determination of the Commission of an annual taking limit, or 
     of the adoption by the Commission of other restriction on the 
     taking of polar bears for subsistence purposes, the Secretary 
     shall publish a notice in the Federal Register announcing the 
     determination or restriction.

     ``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.

       ``(a) In general.--The authority of the Secretary under 
     this title is in addition to, and shall not affect--
       ``(1) the authority of the Secretary under the other titles 
     of this Act or the Lacey Act Amendments of 1981 (16 U.S.C. 
     3371 et seq.) or the exemption for Alaskan natives under 
     section 101(b) of this Act as applied to other marine mammal 
     populations; or
       ``(2) the authorities provided under title II of this Act.
       ``(b) Certain Provisions Inapplicable.--The provisions of 
     titles I through IV of this Act do not apply with respect to 
     the implementation or administration of this title, except as 
     specified in section 503.

     ``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out the functions and 
     responsibilities of the Secretary under this title and the 
     Agreement $1,000,000 for each of fiscal years 2006 through 
     2010.
       ``(b) Commission.--There are authorized to be appropriated 
     to the Secretary to carry out functions and responsibilities 
     of the United States Section $150,000 for each of fiscal 
     years 2006 through 2010.
       ``(c) Alaskan Cooperative Management Program.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this title and the Agreement in Alaska $150,000 for each of 
     fiscal years 2006 through 2010.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.) is amended by adding at the end the 
     following:

                         ``TITLE V--POLAR BEARS

``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration.
``Sec. 504. Cooperative management agreement; authority to delegate 
              enforcement authority.
``Sec. 505. Commission appointments; compensation, travel expenses, and 
              claims.
``Sec. 506. Votes taken by the United States Section on matters before 
              the Commission.
``Sec. 507. Implementation of actions taken by the Commission.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.

       (c) Treatment of Containers.--Section 107(d)(2) of the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2)) 
     is amended by striking ``vessel or other conveyance'' each 
     place it appears and inserting ``vessel, other conveyance, or 
     container''.
                                 ______
                                 
  SA 5221. Mr. FRIST (for Mr. Stevens) proposed an amendment to the 
bill H.R. 4075, to amend the Marine Mammal Protection Act of 1972 to 
provide for better understanding and protection of marine mammals, and 
for other purposes; as follows:

       Amend the title so as to read ``An Act to amend the Marine 
     Mammal Protection Act of 1972 in order to implement the 
     Agreement on the Conservation and Management of the Alaska-
     Chukotka Polar Bear Population.''.
                                 ______
                                 
  SA 5222. Mr. WYDEN (for himself, Ms. Cantwell, Mr. Smith, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 4388, to amend the Internal Revenue Code of 1986 to extend 
certain expiring provisions, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FUNDING SOURCE FOR RURAL SCHOOLS AND COMMUNITIES 
                   PAYMENTS.

       (a) Rural Schools and Communities Trust Fund.--
       (1) In general.--Subchapter A of chapter 98 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 9511. RURAL SCHOOLS AND COMMUNITIES TRUST FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Rural Schools and Communities Trust Fund', consisting of 
     such amounts as may be appropriated or credited to such Trust 
     Fund as provided in this section or section 9602(b).
       ``(b) Transfers to Trust Fund.--There are hereby 
     appropriated to the Rural Schools and Communities Trust Fund 
     amounts equivalent to the amounts estimated by the Secretary 
     by which Federal revenues are increased, before January 1, 
     2011, as a result of the provisions of section 3402(t).
       ``(c) Expenditures From Trust Fund.--Amounts in the Rural 
     Schools and Communities Trust Fund shall be available only 
     for--
       ``(1) payments to eligible States under section 102(a)(2) 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000; and
       ``(2) payments to eligible counties under section 103(a)(2) 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000.''.
       (2) Conforming amendments.--
       (A) Payments to states.--Paragraph (3) of section 102(b) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is amended 
     by striking ``out of any funds in the Treasury not otherwise 
     appropriated'' and inserting ``out of the Rural Schools and 
     Communities Trust Fund under section 9511 of the Internal 
     Revenue Code of 1986''.
       (B) Payments to counties.--Paragraph (2) of section 103(b) 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is 
     amended by striking ``out of any funds in the Treasury not 
     otherwise appropriated'' and inserting ``out of the Rural 
     Schools and Communities Trust Fund under section 9511 of the 
     Internal Revenue Code of 1986''.
       (3) Clerical amendment.--The table of sections for 
     subchapter A of chapter 98 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 9511. Rural Schools and Communities Trust Fund.''.

       (4) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2007.
       (b) Imposition of Withholding on Certain Payments Made by 
     Government Entities.--
       (1) Acceleration of effective date.--Section 511(b) of the 
     Tax Increase Prevention and Reconciliation Act of 2005 is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2006''.
       (2) Exclusion for payments to small businesses before 
     2011.--Paragraph (2) of section 3402(t) of the Internal 
     Revenue Code of 1986 is amended by striking ``and'' at the

[[Page S11372]]

     end of subparagraph (H), by striking the period at the end of 
     subparagraph (I) and inserting ``, and'', and by adding at 
     the end the following :
       ``(J) made before January 1, 2011, to any business which 
     employed fewer than 50 employees during the preceding taxable 
     year.
     For purposes of subparagraph (J), rules similar to the rules 
     of paragraphs (2)(A) and (6) of section 44(d) shall apply.''.
       (3) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the Tax Increase 
     Prevention and Reconciliation Act of 2005.
       (c) Extension of Secure Rural Schools and Community Self-
     Determination Act.--The Secure Rural Schools and Community 
     Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is 
     amended--
       (1) in sections 208 and 303, by striking ``2007'' both 
     places it appears and inserting ``2008''; and
       (2) in sections 101(a), 102(b)(2), 103(b)(1), 203(a)(1), 
     207(a), 208, 303, and 401, by striking ``2006'' each place it 
     appears and inserting ``2007''.

                                 ______
                                 
  SA 5223. Mr. FRIST (for Ms. Collins) proposed an amendment to the 
bill S. 3821, to authorize certain athletes to be admitted temporarily 
into the United States to compete or perform in an athletic league, 
competition, or performance; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as either the ``Creating 
     Opportunities for Minor League Professionals, Entertainers, 
     and Teams through Legal Entry Act of 2006'' or the ``COMPETE 
     Act of 2006''.

     SEC. 2. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

       (a) In General.--Section 214(c)(4)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)(4)(A)) is amended by 
     striking clauses (i) and (ii) and inserting the following:
       ``(i)(I) performs as an athlete, individually or as part of 
     a group or team, at an internationally recognized level of 
     performance;
       ``(II) is a professional athlete, as defined in section 
     204(i)(2);
       ``(III) performs as an athlete, or as a coach, as part of a 
     team or franchise that is located in the United States and a 
     member of a foreign league or association of 15 or more 
     amateur sports teams, if--
       ``(aa) the foreign league or association is the highest 
     level of amateur performance of that sport in the relevant 
     foreign country;
       ``(bb) participation in such league or association renders 
     players ineligible, whether on a temporary or permanent 
     basis, to earn a scholarship in, or participate in, that 
     sport at a college or university in the United States under 
     the rules of the National Collegiate Athletic Association; 
     and
       ``(cc) a significant number of the individuals who play in 
     such league or association are drafted by a major sports 
     league or a minor league affiliate of such a sports league; 
     or
       ``(IV) is a professional athlete or amateur athlete who 
     performs individually or as part of a group in a theatrical 
     ice skating production; and
       ``(ii) seeks to enter the United States temporarily and 
     solely for the purpose of performing--
       ``(I) as such an athlete with respect to a specific 
     athletic competition; or
       ``(II) in the case of an individual described in clause 
     (i)(IV), in a specific theatrical ice skating production or 
     tour.''.
       (b) Limitation.--Section 214(c)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at 
     the end the following:
       ``(F)(i) No nonimmigrant visa under section 
     101(a)(15)(P)(i)(a) shall be issued to any alien who is a 
     national of a country that is a state sponsor of 
     international terrorism unless the Secretary of State 
     determines, in consultation with the Secretary of Homeland 
     Security and the heads of other appropriate United States 
     agencies, that such alien does not pose a threat to the 
     safety, national security, or national interest of the United 
     States. In making a determination under this subparagraph, 
     the Secretary of State shall apply standards developed by the 
     Secretary of State, in consultation with the Secretary of 
     Homeland Security and the heads of other appropriate United 
     States agencies, that are applicable to the nationals of such 
     states.
       ``(ii) In this subparagraph, the term `state sponsor of 
     international terrorism' means any country the government of 
     which has been determined by the Secretary of State under any 
     of the laws specified in clause (iii) to have repeatedly 
     provided support for acts of international terrorism.
       ``(iii) The laws specified in this clause are the 
     following:
       ``(I) Section 6(j)(1)(A) of the Export Administration Act 
     of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or successor 
     statute).
       ``(II) Section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d)).
       ``(III) Section 620A(a) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2371(a)).''.
       (c) Petitions for Multiple Aliens.--Section 214(c)(4) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)), as 
     amended by subsection (b), is further amended by adding at 
     the end the following:
       ``(G) The Secretary of Homeland Security shall permit a 
     petition under this subsection to seek classification of more 
     than 1 alien as a nonimmigrant under section 
     101(a)(15)(P)(i)(a).''.
       (d) Relationship to Other Provisions of the Immigration and 
     Nationality Act.--Section 214(c)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(4)), as amended by 
     subsections (b) and (c), is further amended by adding at the 
     end the following:
       ``(H) The Secretary of Homeland Security shall permit an 
     athlete, or the employer of an athlete, to seek admission to 
     the United States for such athlete under a provision of this 
     Act other than section 101(a)(15)(P)(i) if the athlete is 
     eligible under such other provision.''.

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