Page:United States Statutes at Large Volume 120.djvu/2825

 120 STAT. 2794 Applicability.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

PUBLIC LAW 109–415—DEC. 19, 2006

‘‘(II) RULE OF CONSTRUCTION.—With respect to the application of subclause (I), the 95 percent requirement under such subclause shall apply with respect to each grant awarded under paragraph (1) and with respect to each grant awarded under subparagraph (G). ‘‘(ii) FISCAL YEAR 2007.—For purposes of clause (i) as applied for fiscal year 2007, the references in such clause to subparagraph (G) are deemed to be references to subparagraph (I) as such subparagraph was in effect for fiscal year 2006. ‘‘(iii) FISCAL YEARS 2008 AND 2009.—For each of the fiscal years 2008 and 2009, the Secretary shall ensure that the total for a State of the grant pursuant to paragraph (1) and the grant pursuant to subparagraph (G) is not less than 100 percent of such total for the State for fiscal year 2007. ‘‘(iv) SOURCE OF FUNDS FOR INCREASE.— ‘‘(I) IN GENERAL.—From the amount reserved under section 2623(b)(2) for a fiscal year, and from amounts available for such section pursuant to subsection (d) of this section, the Secretary shall make available such amounts as may be necessary to comply with clause (i). ‘‘(II) PRO RATA REDUCTION.—If the amounts referred to in subclause (I) for a fiscal year are insufficient to fully comply with clause (i) for the year, the Secretary, in order to provide the additional funds necessary for such compliance, shall reduce on a pro rata basis the amount of each grant pursuant to paragraph (1) for the fiscal year, other than grants for States for which increases under clause (i) apply and other than States described in paragraph (1)(A)(i)(I). A reduction under the preceding sentence may not be made in an amount that would result in the State involved becoming eligible for such an increase. ‘‘(v) APPLICABILITY.—This paragraph may not be construed as having any applicability after fiscal year 2009.’’. (e) ADMINISTRATIVE EXPENSES; CLINICAL QUALITY MANAGEMENT.—Section 2618(b) of the Public Health Service Act (42 U.S.C. 300ff–28(b)) is amended— (1) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6); (2) in paragraph (2) (as so redesignated)— (A) by striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph (4)’’; and (B) by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraph (5)’’; (3) in paragraph (3) (as so redesignated)— (A) by amending subparagraph (A) to read as follows: ‘‘(A) IN GENERAL.—Subject to paragraph (4), and except as provided in paragraph (5), a State may not use more than 10 percent of amounts received under a grant awarded under section 2611 for administration.’’;

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