PUBLIC LAW 109–415—DEC. 19, 2006
120 STAT. 2795
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A) the following: ‘‘(B) ALLOCATIONS.—In the case of entities and subcontractors to which a State allocates amounts received by the State under a grant under section 2611, the State shall ensure that, of the aggregate amount so allocated, the total of the expenditures by such entities for administrative expenses does not exceed 10 percent (without regard to whether particular entities expend more than 10 percent for such expenses).’’; (D) in subparagraph (C) (as so redesignated), by inserting before the period the following: ‘‘, including a clinical quality management program under subparagraph (E)’’; and (E) by adding at the end the following: ‘‘(E) CLINICAL QUALITY MANAGEMENT.— ‘‘(i) REQUIREMENT.—Each State that receives a grant under section 2611 shall provide for the establishment of a clinical quality management program to assess the extent to which HIV health services provided to patients under the grant are consistent with the most recent Public Health Service guidelines for the treatment of HIV/AIDS and related opportunistic infection, and as applicable, to develop strategies for ensuring that such services are consistent with the guidelines for improvement in the access to and quality of HIV health services. ‘‘(ii) USE OF FUNDS.— ‘‘(I) IN GENERAL.—From amounts received under a grant awarded under section 2611 for a fiscal year, a State may use for activities associated with the clinical quality management program required in clause (i) not to exceed the lesser of— ‘‘(aa) 5 percent of amounts received under the grant; or ‘‘(bb) $3,000,000. ‘‘(II) RELATION TO LIMITATION ON ADMINISTRATIVE EXPENSES.—The costs of a clinical quality management program under clause (i) may not be considered administrative expenses for purposes of the limitation established in subparagraph (A).’’; (4) in paragraph (4) (as so redesignated)— (A) by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraph (5)’’; and (B) by striking ‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (2) and (3)’’; and (5) in paragraph (5) (as so redesignated), by striking ‘‘paragraphs (3)’’ and all that follows through ‘‘(5),’’ and inserting the following: ‘‘paragraphs (2) and (3), may, notwithstanding paragraphs (2) through (4),’’. (f) REALLOCATION FOR SUPPLEMENTAL GRANTS.—Section 2618(d) of the Public Health Service Act (42 U.S.C. 300ff–28(d)) is amended to read as follows: ‘‘(d) REALLOCATION.—Any portion of a grant made to a State under section 2611 for a fiscal year that has not been obligated
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