Page:United States Statutes at Large Volume 120.djvu/2822

 PUBLIC LAW 109–415—DEC. 19, 2006

120 STAT. 2791

may not be construed as having any legal effect for fiscal year 2010 or any subsequent fiscal year, and accordingly, the status of a State for purposes of such clauses may not be considered after fiscal year 2009. ‘‘(ix) PROGRAM FOR DETECTING INACCURATE OR FRAUDULENT COUNTING.—The Secretary shall carry out a program to monitor the reporting of names-based cases for purposes of this subparagraph and to detect instances of inaccurate reporting, including fraudulent reporting.’’. (2) NON-EMA DISTRIBUTION FACTOR.—Section 2618(a)(2)(C) of the Public Health Service Act (42 U.S.C. 300ff–28(a)(2)(C)) is amended— (A) in clause (i), by striking ‘‘estimated number of living cases of acquired immune deficiency syndrome’’ each place such term appears and inserting ‘‘number of living cases of HIV/AIDS’’; and (B) in clause (ii), by amending such clause to read as follows: ‘‘(ii) a number equal to the sum of— ‘‘(I) the total number of living cases of HIV/ AIDS that are within areas in such State that are eligible areas under subpart I of part A for the fiscal year involved, which individual number for an area is the number that applies under section 2601 for the area for such fiscal year; and ‘‘(II) the total number of such cases that are within areas in such State that are transitional areas under section 2609 for such fiscal year, which individual number for an area is the number that applies under such section for the fiscal year.’’. (b) FORMULA AMENDMENTS GENERALLY.—Section 2618(a)(2) of the Public Health Service Act (42 U.S.C. 300ff–28(a)(2)) is amended— (1) in subparagraph (A)— (A) by striking ‘‘The amount referred to’’ in the matter preceding clause (i) and all that follows through the end of clause (i) and inserting the following: ‘‘For purposes of paragraph (1), the amount referred to in this paragraph for a State (including a territory) for a fiscal year is, subject to subparagraphs (E) and (F)— ‘‘(i) an amount equal to the amount made available under section 2623 for the fiscal year involved for grants pursuant to paragraph (1), subject to subparagraph (G); and’’; and (B) in clause (ii)— (i) in subclause (I)— (I) by striking ‘‘.80’’ and inserting ‘‘0.75’’; and (II) by striking ‘‘and’’ at the end; (ii) in subclause (II)— (I) by inserting ‘‘non-EMA’’ after ‘‘respective’’; and (II) by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following:

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