--- kind: "section" citation: "42 U.S.C. § 300ff–87a" title: "42" title_heading: "The Public Health and Welfare" number: "300ff–87a" heading: "National HIV/AIDS testing goal" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/300ff-87a" units: - "Chapter 6A — Public Health Service" - "Subchapter XXIV — Hiv Health Care Services Program" - "Part E — General Provisions" --- # §300ff–87a. National HIV/AIDS testing goal - (a) **In general—** Not later than January 1, 2010, the [Secretary](/usc/42/201.md?p=c) shall establish a national [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) testing goal of 5,000,000 tests for [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) annually through federally-supported [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) prevention, [treatment](/usc/42/11851.md?p=11), and care [programs](/usc/42/274l–1.md?p=4), including [programs](/usc/42/274l–1.md?p=4) under this subchapter and other [programs](/usc/42/274l–1.md?p=4) administered by the Centers for Disease Control and Prevention. - (b) **Annual report—** Not later than January 1, 2011, and annually thereafter, the [Secretary](/usc/42/201.md?p=c), acting through the [Director](/usc/42/11851.md?p=5) 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)](#a) has been met; - (2) the total number of individuals tested through federally-supported and other [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) prevention, [treatment](/usc/42/11851.md?p=11), and care [programs](/usc/42/274l–1.md?p=4) in each [State](/usc/42/300ff–88.md?p=11-A); - (3) the number of individuals who— - (A) prior to such 12-month period, were unaware of their [HIV](/usc/42/300ff–88.md?p=6) status; and - (B) through federally-supported and other [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) prevention, [treatment](/usc/42/11851.md?p=11), and care [programs](/usc/42/274l–1.md?p=4), were diagnosed and referred into [treatment](/usc/42/11851.md?p=11) and care during such period; - (4) any barriers, including [State](/usc/42/300ff–88.md?p=11-A) laws and [regulations](/usc/42/201.md?p=d), that the [Secretary](/usc/42/201.md?p=c) determines to be a barrier to meeting the testing goal described in [subsection (a)](#a); - (5) the amount of funding the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/300ff–88.md?p=6) status, including voluntary testing with pre-test [counseling](/usc/42/300ff–88.md?p=3), routine screening including opt-out testing, partner [counseling](/usc/42/300ff–88.md?p=3) and referral [services](/usc/42/201.md?p=a), and mass media campaigns. - (c) **Review of program effectiveness—** Not later than 1 year after October 30, 2009, the [Secretary](/usc/42/201.md?p=c), in consultation with the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention, shall submit a report to Congress based on a comprehensive review of each of the [programs](/usc/42/274l–1.md?p=4) and activities conducted by the Centers for Disease Control and Prevention as part of the Domestic [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) Prevention Activities, including the following: - (1) The amount of funding provided for each [program](/usc/42/274l–1.md?p=4) or activity. - (2) The primary purpose of each [program](/usc/42/274l–1.md?p=4) or activity. - (3) The annual goals for each [program](/usc/42/274l–1.md?p=4) or activity. - (4) The relative effectiveness of each [program](/usc/42/274l–1.md?p=4) or activity with relation to the other [programs](/usc/42/274l–1.md?p=4) and activities conducted by the Centers for Disease Control and Prevention, based on the— - (A) number of previously undiagnosed individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) made aware of their status and referred into the appropriate [treatment](/usc/42/11851.md?p=11); - (B) amount of funding provided for each [program](/usc/42/274l–1.md?p=4) or activity compared to the number of undiagnosed individuals with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) made aware of their status; - (C) [program](/usc/42/274l–1.md?p=4)’s contribution to the National [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) testing goal; and - (D) progress made toward the goals described in [paragraph (3)](#c-3). - (5) Recommendations if any to Congress on ways to allocate funding for domestic [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) prevention activities and [programs](/usc/42/274l–1.md?p=4) in order to achieve the National [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) testing goal. - (d) **Coordination with other Federal activities—** In pursuing the National [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) testing goal, the [Secretary](/usc/42/201.md?p=c), where appropriate, shall consider and coordinate with other national strategies conducted by the Federal Government to address [HIV/AIDS](/usc/42/300ff–88.md?p=7-A). ## Source credit (July 1, 1944, ch. 373, title XXVI, § 2688, as added Pub. L. 111–87, § 12(2), Oct. 30, 2009, 123 Stat. 2896.) ## Notes ### 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.