120 STAT. 2772
PUBLIC LAW 109–415—DEC. 19, 2006
‘‘(ii) USE OF AMOUNTS INVOLVED.—For each of the fiscal years 2007 through 2009, amounts available as a result of the limitation under clause (i) shall be made available by the Secretary as additional amounts for grants pursuant to subsection (b) for the fiscal year involved, subject to paragraph (4) and section 2610(d)(2).’’. (d) HOLD HARMLESS.—Section 2603(a) of the Public Health Service Act (42 U.S.C. 300ff–13(a)) is amended— (1) in paragraph (3)(A)— (A) in clause (ii), by striking the period at the end and inserting a semicolon; and (B) by inserting after and below clause (ii) the following: ‘‘which product shall then, as applicable, be increased under paragraph (4).’’. (2) by amending paragraph (4) to read as follows: ‘‘(4) INCREASES IN GRANT.— ‘‘(A) IN GENERAL.—For each eligible area that received a grant pursuant to this subsection for fiscal year 2006, the Secretary shall, for each of the fiscal years 2007 through 2009, increase the amount of the grant made pursuant to paragraph (3) for the area to ensure that the amount of the grant for the fiscal year involved is not less than the following amount, as applicable to such fiscal year: ‘‘(i) For fiscal year 2007, an amount equal to 95 percent of the amount of the grant that would have been made pursuant to paragraph (3) and this paragraph for fiscal year 2006 (as such paragraphs were in effect for such fiscal year) if paragraph (2) (as so 2⁄3 perin effect) had been applied by substituting ‘66 cent’ for ‘50 percent’. ‘‘(ii) For each of the fiscal years 2008 and 2009, an amount equal to 100 percent of the amount of the grant made pursuant to paragraph (3) and this paragraph for fiscal year 2007. ‘‘(B) SOURCE OF FUNDS FOR INCREASE.— ‘‘(i) IN GENERAL.—From the amounts available for carrying out the single program referred to in section 2609(d)(2)(C) for a fiscal year (relating to supplemental grants), the Secretary shall make available such amounts as may be necessary to comply with subparagraph (A), subject to section 2610(d)(2). ‘‘(ii) PRO RATA REDUCTION.—If the amounts referred to in clause (i) for a fiscal year are insufficient to fully comply with subparagraph (A) 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 this subsection for the fiscal year, other than grants for eligible areas for which increases under subparagraph (A) apply. A reduction under the preceding sentence may not be made in an amount that would result in the eligible area involved becoming eligible for such an increase. ‘‘(C) LIMITATION.—This paragraph may not be construed as having any applicability after fiscal year 2009.’’.
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