Page:United States Statutes at Large Volume 120.djvu/2811

 120 STAT. 2780

PUBLIC LAW 109–415—DEC. 19, 2006

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

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