PUBLIC LAW 109–417—DEC. 19, 2006
120 STAT. 2843
by the Federal government, or services assisted or subsidized to any significant extent by the Federal government, may not be included in determining the amount of such non-Federal contributions. ‘‘(2) MAINTAINING STATE FUNDING.— ‘‘(A) IN GENERAL.—An entity that receives an award under this section shall maintain expenditures for public health security at a level that is not less than the average level of such expenditures maintained by the entity for the preceding 2 year period. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit the use of awards under this section to pay salary and related expenses of public health and other professionals employed by State, local, or tribal public health agencies who are carrying out activities supported by such awards (regardless of whether the primary assignment of such personnel is to carry out such activities). ‘‘(3) DETERMINATION OF AMOUNT.— ‘‘(A) IN GENERAL.—The Secretary shall award cooperative agreements under subsection (a) to each State or consortium of 2 or more States that submits to the Secretary an application that meets the criteria of the Secretary for the receipt of such an award and that meets other implementation conditions established by the Secretary for such awards.’’; (B) in paragraph (4)(A)— (i) by striking ‘‘2003’’ and inserting ‘‘2007’’; and (ii) by striking ‘‘(A)(i)(I)’’; (C) in paragraph (4)(D), by striking ‘‘2002’’ and inserting ‘‘2006’’; (D) in paragraph (5)— (i) by striking ‘‘2003’’ and inserting ‘‘2007’’; and (ii) by striking ‘‘(A)(i)(I)’’; and (E) by striking paragraph (6) and inserting the following: ‘‘(6) FUNDING OF LOCAL ENTITIES.—The Secretary shall, in making awards under this section, ensure that with respect to the cooperative agreement awarded, the entity make available appropriate portions of such award to political subdivisions and local departments of public health through a process involving the consensus, approval or concurrence with such local entities.’’; and (5) by adding at the end the following: ‘‘(j) ADMINISTRATIVE AND FISCAL RESPONSIBILITY.— ‘‘(1) ANNUAL REPORTING REQUIREMENTS.—Each entity shall prepare and submit to the Secretary annual reports on its activities under this section and section 319C–2. Each such report shall be prepared by, or in consultation with, the health department. In order to properly evaluate and compare the performance of different entities assisted under this section and section 319C–2 and to assure the proper expenditure of funds under this section and section 319C–2, such reports shall be in such standardized form and contain such information as the Secretary determines and describes within 180 days of the date of enactment of the Pandemic and All-Hazards
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