§ 300ff-33. 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:
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:
(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.