GRANTS.

SEC. 212. GRANTS. (a) In General.—Section 2625(c) of the Public Health Service Act (42 U.S.C. 300ff–33) is amended— 114 STAT. 1340 (1) in paragraph (1), by inserting at the end the following subparagraph: “(F) Making available to pregnant women with HIV disease, and to the infants of women with such disease, treatment services for such disease in accordance with applicable recommendations of the Secretary.”; (2) by amending paragraph (2) to read as follows: “(2) Funding.— “(A) Authorization of appropriations.—For the purpose of carrying out this subsection, there are authorized to be appropriated $30,000,000 for each of the fiscal years 2001 through 2005. Amounts made available under section 2677 for carrying out this part are not available for carrying out this section unless otherwise authorized. “(B) Allocations for certain states.— “(i) In general.—Of the amounts appropriated under subparagraph (A) for a fiscal year in excess of $10,000,000— “(I) the Secretary shall reserve the applicable percentage under clause (iv) for making grants under paragraph (1) both to States described in clause (ii) and States described in clause (iii); and “(II) the Secretary shall reserve the remaining amounts for other States, taking into consideration the factors described in subparagraph (C)(iii), except that this subclause does not apply to any State that for the fiscal year involved is receiving amounts pursuant to subclause (I). “(ii) Required testing of newborns.—For purposes of clause (i)(I), the States described in this clause are States that under law (including under regulations or the discretion of State officials) have— “(I) a requirement that all newborn infants born in the State be tested for HIV disease and that the biological mother of each such infant, and the legal guardian of the infant (if other than the biological mother), be informed of the results of the testing; or “(II) a requirement that newborn infants born in the State be tested for HIV disease in circumstances in which the attending obstetrician for the birth does not know the HIV status of the mother of the infant, and that the biological mother of each such infant, and the legal guardian of the infant (if other than the biological mother), be informed of the results of the testing. “(iii) Most significant reduction in cases of perinatal transmission.—For purposes of clause (i)(I), the States described in this clause are the following (exclusive of States described in clause (ii)), as applicable: “(I) For fiscal years 2001 and 2002, the two States that, relative to other States, have the most significant reduction in the rate of new cases of the perinatal transmission of HIV (as indicated by the number of such cases reported to the Director of the Centers for Disease Control and 114 STAT. 1341Prevention for the most recent periods for which the data are available). “(II) For fiscal years 2003 and 2004, the three States that have the most significant such reduction. “(III) For fiscal year 2005, the four States that have the most significant such reduction. “(iv) Applicable percentage.—For purposes of clause (i), the applicable amount for a fiscal year is as follows: “(I) For fiscal year 2001, 33 percent. “(II) For fiscal year 2002, 50 percent. “(III) For fiscal year 2003,67 percent. “(IV) For fiscal year 2004, 75 percent. “(V) For fiscal year 2005, 75 percent. “(C) Certain provisions.—With respect to grants under paragraph (1) that are made with amounts reserved under subparagraph (B) of this paragraph: “(i) Such a grant may not be made in an amount exceeding $4,000,000. “(ii) If pursuant to clause (i) or pursuant to an insufficient number of qualifying applications for such grants (or both), the full amount reserved under subparagraph (B) for a fiscal year is not obligated, the requirement under such subparagraph to reserve amounts ceases to apply. “(iii) In the case of a State that meets the conditions to receive amounts reserved under subparagraph (B)(i)(II), the Secretary shall in making grants consider the following factors: “(I) The extent of the reduction in the rate of new cases of the perinatal transmission of HIV. “(II) The extent of the reduction in the rate of new cases of perinatal cases of acquired immune deficiency syndrome. “(III) The overall incidence of cases of infection with HIV among women of childbearing age. “(IV) The overall incidence of cases of acquired immune deficiency syndrome among women of childbearing age. “(V) The higher acceptance rate of HIV testing of pregnant women. “(VI) The extent to which women and children with HIV disease are receiving HIV-related health services. “(VII) The extent to which HIV-exposed children are receiving health services appropriate to such exposure.”; and (3) by adding at the end the following paragraph: “(4) Maintenance of effort.—A condition for the receipt of a grant under paragraph (1) is that the State involved agree that the grant will be used to supplement and not supplant other funds available to the State to carry out the purposes of the grant.”. (b) Special Funding Rule for Fiscal Year 2001.— 114 STAT. 1342 (1) In general.—If for fiscal year 2001 the amount appropriated under paragraph (2)(A) of section 2625(c) of the Public Health Service Act is less than $14,000,000— (A) the Secretary of Health and Human Services shall, for the purpose of making grants under paragraph (1) of such section, reserve from the amount specified in paragraph (2) of this subsection an amount equal to the difference between $14,000,000 and the amount appropriated under paragraph (2)(A) of such section for such fiscal year (notwithstanding any other provision of this Act or the amendments made by this Act); (B) the amount so reserved shall, for purposes of paragraph (2)(B)(i) of such section, be considered to have been appropriated under paragraph (2)(A) of such section; and (C) the percentage specified in paragraph (2)(B)(iv)(I) of such section is deemed to be 50 percent. (2) Allocation from increases in funding for part B.—For purposes of paragraph (1), the amount specified in this paragraph is the amount by which the amount appropriated under section 2677 of the Public Health Service Act for fiscal year 2001 and available for grants under section 2611 of such Act is an increase over the amount so appropriated and available for fiscal year 2000.