Title 42, The Public Health and WelfareRelease 119-110

§300ff–87a National Hiv/aids Testing Goal

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIV — HIV HEALTH CARE SERVICES PROGRAM › Part E — General Provisions › § 300ff–87a

Last updated Sep 22, 2026|Official source

Summary

By January 1, 2010, the Secretary must set a national target of 5,000,000 HIV tests each year through federally supported prevention, treatment, and care programs. By January 1, 2011, and every year after, the Secretary, through the CDC Director, must send Congress a report about the previous 12 months showing: whether the 5,000,000 test goal was met; how many people were tested in each State; how many people did not know they had HIV before but were diagnosed and sent into care; any barriers to reaching the goal (including State laws); how much Federal money is needed next year and how much was spent last year; and which testing methods work best (for example, voluntary testing with pre-test counseling, routine opt-out screening, partner services, and mass media). Within 1 year after October 30, 2009, the Secretary, with the CDC Director, must give Congress a full review of CDC domestic HIV prevention programs. That review must list funding, purpose, annual goals, and each program’s effectiveness (measured by numbers found and linked to care, cost compared to cases found, contribution to the national testing goal, and progress). The report may include recommendations on how to distribute funding. The Secretary must also coordinate with other federal HIV/AIDS strategies when working toward the testing goal.

Full Legal Text

Title 42, §300ff–87a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
Not later than January 1, 2010, the Secretary shall establish a national HIV/AIDS testing goal of 5,000,000 tests for HIV/AIDS annually through federally-supported HIV/AIDS prevention, treatment, and care programs, including programs under this subchapter and other programs administered by the Centers for Disease Control and Prevention.
(b)Annual report
Not later than January 1, 2011, and annually thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to Congress a report describing, with regard to the preceding 12-month reporting period—
(1)whether the testing goal described in subsection (a) has been met;
(2)the total number of individuals tested through federally-supported and other HIV/AIDS prevention, treatment, and care programs in each State;
(3)the number of individuals who—
(A)prior to such 12-month period, were unaware of their HIV status; and
(B)through federally-supported and other HIV/AIDS prevention, treatment, and care programs, were diagnosed and referred into treatment and care during such period;
(4)any barriers, including State laws and regulations, that the Secretary determines to be a barrier to meeting the testing goal described in subsection (a);
(5)the amount of funding the Secretary determines necessary to meet the annual testing goal in the following 12 months and the amount of Federal funding expended to meet the testing goal in the prior 12-month period; and
(6)the most cost-effective strategies for identifying and diagnosing individuals who were unaware of their HIV status, including voluntary testing with pre-test counseling, routine screening including opt-out testing, partner counseling and referral services, and mass media campaigns.
(c)Review of program effectiveness
Not later than 1 year after October 30, 2009, the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall submit a report to Congress based on a comprehensive review of each of the programs and activities conducted by the Centers for Disease Control and Prevention as part of the Domestic HIV/AIDS Prevention Activities, including the following:
(1)The amount of funding provided for each program or activity.
(2)The primary purpose of each program or activity.
(3)The annual goals for each program or activity.
(4)The relative effectiveness of each program or activity with relation to the other programs and activities conducted by the Centers for Disease Control and Prevention, based on the—
(A)number of previously undiagnosed individuals with HIV/AIDS made aware of their status and referred into the appropriate treatment;
(B)amount of funding provided for each program or activity compared to the number of undiagnosed individuals with HIV/AIDS made aware of their status;
(C)program’s contribution to the National HIV/AIDS testing goal; and
(D)progress made toward the goals described in paragraph (3).
(5)Recommendations if any to Congress on ways to allocate funding for domestic HIV/AIDS prevention activities and programs in order to achieve the National HIV/AIDS testing goal.
(d)Coordination with other Federal activities
In pursuing the National HIV/AIDS testing goal, the Secretary, where appropriate, shall consider and coordinate with other national strategies conducted by the Federal Government to address HIV/AIDS.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2688 of act
July 1, 1944, was renumbered section 2689 and is classified to section 300ff–88 of this title. Another prior section 2688 of act
July 1, 1944, was classified to section 300ff–88 of this title prior to the general amendment of this part by Pub. L. 109–415.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an

Effective Date

of 2009 Amendment; Revival of Section note under section 300ff–11 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–87a

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110