120 STAT. 2792
Applicability.
VerDate 14-DEC-2004
09:16 Jul 13, 2007
PUBLIC LAW 109–415—DEC. 19, 2006
‘‘(III) if the State does not for such fiscal year contain any area that is an eligible area under subpart I of part A or any area that is a transitional area under section 2609 (referred to in this subclause as a ‘no-EMA State’), the product of 0.05 and the ratio of the number of cases that applies for the State under subparagraph (D) to the sum of the respective numbers of cases that so apply for all no-EMA States.’’; (2) by striking subparagraphs (E) through (H); (3) by inserting after subparagraph (D) the following subparagraphs: ‘‘(E) CODE-BASED STATES; LIMITATION ON INCREASE IN GRANT.— ‘‘(i) IN GENERAL.—For each of the fiscal years 2007 through 2009, if code-based reporting (within the meaning of subparagraph (D)(vi)) applies in a State as of the beginning of the fiscal year involved, then notwithstanding any other provision of this paragraph, the amount of the grant pursuant to paragraph (1) for the State may not for the fiscal year involved exceed by more than 5 percent the amount of the grant pursuant to this paragraph for the State for the preceding fiscal year, except that the limitation under this clause may not result in a grant pursuant to paragraph (1) for a fiscal year that is less than the minimum amount that applies to the State under such paragraph for such fiscal year. ‘‘(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 section 2620, subject to subparagraph (H).’’; and (4) by redesignating subparagraph (I) as subparagraph (F). (c) SEPARATE ADAP GRANTS.—Section 2618(a)(2)(G) of the Public Health Service Act (42 U.S.C. 300ff–28(a)(2)(G)), as redesignated by subsection (b)(4) of this section, is amended— (1) in clause (i)— (A) in the matter preceding subclause (I), by striking ‘‘section 2677’’ and inserting ‘‘section 2623’’; (B) in subclause (II), by striking the period at the end and inserting a semicolon; and (C) by adding after and below subclause (II) the following: ‘‘which product shall then, as applicable, be increased under subparagraph (H).’’; (2) in clause (ii)— (A) by striking subclauses (I) through (III) and inserting the following: ‘‘(I) IN GENERAL.—From amounts made available under subclause (V), the Secretary shall award supplemental grants to States described in subclause (II) to enable such States to purchase and distribute to eligible individuals under section 2616(b) pharmaceutical therapeutics described under subsections (c)(2) and (e) of such section.
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