[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4633 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4633

  To establish within the Department of Health and Human Services the 
    position of HIV/AIDS Emergency Response Coordinator in order to 
 coordinate the provision of certain services to individuals with HIV 
  disease who have been displaced as a result of Hurricane Katrina or 
                     Rita, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2005

   Ms. Lee introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To establish within the Department of Health and Human Services the 
    position of HIV/AIDS Emergency Response Coordinator in order to 
 coordinate the provision of certain services to individuals with HIV 
  disease who have been displaced as a result of Hurricane Katrina or 
                     Rita, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HIV/AIDS Emergency Hurricane Relief 
Act''.

SEC. 2. APPOINTMENT OF HIV/AIDS EMERGENCY RESPONSE COORDINATOR.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the President, in consultation with the 
Secretary of Health and Human Service (referred to in this Act as the 
``Secretary'') shall appoint an individual to serve in a position 
within the Department of Health and Human Services to be known as the 
HIV/AIDS Emergency Response Coordinator (referred to in this Act as the 
``Coordinator'').
    (b) Duties.--
            (1) Coordination of services for eligible individuals.--The 
        Coordinator shall be responsible for coordinating the 
        provision, under Federal programs, of services described in 
        paragraph (2) to individuals who--
                    (A) are living with HIV disease;
                    (B) are residents, or were residents at the time of 
                Hurricane Katrina, Rita, or Wilma, in a geographic area 
                for which, by reason of such Hurricane, a presidential 
                declaration of major disaster was issued under section 
                401 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act; and
                    (C) have been displaced by such Hurricane or have 
                been unable to access services described in paragraph 
                (2).
            (2) Covered services.--The services referred to in 
        paragraph (1) are comprehensive medical care and treatment, 
        including housing, case management, dental care, mental health 
        therapy, psychosocial support, drug and alcohol treatment, and 
        other supportive services.
            (3) Certain programs.--The Federal programs referred to in 
        paragraph (1) include title XXVI of the Public Health Service 
        Act (relating to the Ryan White Comprehensive AIDS Resources 
        Emergency Act of 1990) and the Housing Opportunities for 
        Persons With AIDS program.
            (4) Additional duties.--In addition to carrying out 
        paragraph (1), the Coordinator shall carry out the duties 
        established for the Coordinator in sections 3 through 8.
            (5) Consultation.--In carrying out paragraph (1), the 
        Coordinator shall consult with--
                    (A) the agencies of the Public Health Service, 
                including the Health Resources and Services 
                Administration, the Office of Minority Health, the 
                National Center on Minority Health and Health 
                Disparities, and the Office of AIDS Research;
                    (B) the Federal Emergency Management Agency;
                    (C) the Department of Housing and Urban 
                Development; and
                    (D) State and local governments.

SEC. 3. AWARDS FOR SERVICES FOR ELIGIBLE INDIVIDUALS.

    (a) In General.--The Secretary, acting through the Coordinator and 
in consultation with the Administrator of the Health Resources and 
Services Administration and the Secretary of Housing and Urban 
Development, shall make awards of grants or cooperative agreements to 
public and nonprofit private entities that--
            (1) have experience in providing covered services to 
        eligible individuals; or
            (2) have received or are eligible to receive, directly or 
        indirectly, funding from the Federal government under title 
        XXVI of the Public Health Service Act or the Housing 
        Opportunities for Persons With AIDS program.
    (b) General Provisions.--With respect to awards under subsection 
(a):
            (1) Such an award may be made only if the applicant 
        involved agrees that the award will not be expended for any 
        purpose other than providing covered services.
            (2) The Secretary shall publicize the availability of the 
        awards and ensure that applications for such awards are 
        processed not later than 45 days after the applications for the 
        awards are submitted to the Secretary.
            (3) In the case of an approved application, the Secretary 
        shall ensure that funds under the award become available 
        (subject to appropriations Acts) not later than 90 days after 
        the date on which the application is submitted to the 
        Secretary.
    (c) Availability of Certain Unobligated Funds.--With respect to 
amounts appropriated for carrying out part A or B of title XXVI of the 
Public Health Service Act, such amounts that are unobligated at the end 
of a fiscal year are available to the Secretary, acting through the 
Administrator of the Health Resources and Services Administration and 
in consultation with the Coordinator, for the purpose of making awards 
under subsection (a).

SEC. 4. WAIVER AUTHORITY REGARDING RYAN WHITE COMPREHENSIVE AIDS 
              RESOURCES EMERGENCY ACT OF 1990.

    The Secretary, acting through the Administrator of the Health 
Resources and Services Administration and in consultation with the 
Coordinator, may waive, for any State that includes a geographic area 
described in section 2(b)(1)(B) of this Act, the following requirements 
under title XXVI of the Public Health Service Act:
            (1) The requirement under section 2617(d) (relating to the 
        provision of non-Federal contributions by States).
            (2) Such other requirements under conditions for receiving 
        grants as the Secretary determines to be appropriate taking 
        into account the effects of Hurricanes Katrina, Rita, and 
        Wilma, including requirements regarding reporting, 
        administrative caps, and the submission of competitive and 
        noncompetitive applications.

SEC. 5. EMERGENCY INFRASTRUCTURE SUPPORT REGARDING PROVISION OF COVERED 
              SERVICES TO ELIGIBLE INDIVIDUALS.

    The Coordinator, in consultation with the Secretary of Health and 
Human Services and the Secretary of Housing and Urban Development, may 
make awards of grants or cooperative agreements to public and nonprofit 
private entities that provide covered services to eligible individuals. 
The purpose of such awards is providing to such entities emergency 
infrastructure support with respect to the provision of such services 
to such individuals.

SEC. 6. PUBLIC AWARENESS CAMPAIGN REGARDING TREATMENT FOR ELIGIBLE 
              INDIVIDUALS.

    (a) In General.--The Secretary, acting through the Administrator of 
the Health Resources and Services Administration and in consultation 
with the Coordinator, the head of the Federal Emergency Management 
Agency, and State and local governments, shall conduct a public 
awareness campaign directed toward eligible individuals who were 
receiving services under title XXVI of the Public Health Service Act 
and for whom Hurricane Katrina, Rita, or Wilma caused the disruption or 
termination of the availability of such services.
    (b) Certain Requirements.--The campaign under subsection (a) 
shall--
            (1) emphasize the need for eligible individuals described 
        in such subsection to visit a hospital or other health care 
        facility to continue receiving treatment for HIV disease and 
        prevent the development of drug resistance to HIV; and
            (2) provide information identifying organizations or 
        facilities that provide covered services to eligible 
        individuals, including organizations or facilities that receive 
        Federal funding for the provision of such services.

SEC. 7. CERTAIN CONDITIONS OF RECEIVING AWARDS.

    In making awards of grants or cooperative agreements pursuant to 
this Act, the Secretary shall not--
            (1) require the provision of non-Federal contributions as a 
        condition of receiving the awards;
            (2) construe this Act as affecting the eligibility of any 
        public or nonprofit private entity to apply or receive 
        subsequent funding under title XXVI of the Public Health 
        Service Act, the Housing Opportunities for Persons with AIDS 
        program, or any other Federal program that provides covered 
        services; or
            (3) by reason of making an award pursuant to this Act, 
        reduce the amount of any award under a program specified in 
        paragraph (2).

SEC. 8. REPORT TO CONGRESS.

    Not later than 180 days after the date of the enactment of this 
Act, the Coordinator shall submit to the Congress a report on the 
implementation of this Act.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``covered services'' means services described 
        in section 2(b)(2).
            (2) The term ``eligible individuals'' means individuals 
        described in section 2(b)(1).
            (3) The term ``HIV disease'' has the meaning given such 
        term in section 2676 of the Public Health Service Act.
            (4) The term ``Housing Opportunities for Persons With AIDS 
        program'' means the program under subtitle D of title VIII of 
        the Cranston-Gonzalez National Affordable Housing Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General .--For the purpose of carrying out this Act, there 
is authorized to be appropriated $500,000,000 for fiscal year 2006. 
Amounts appropriated under the preceding sentence shall remain 
available until expended.
    (b) Rules of Construction.--The authorization of appropriations 
established in subsection (a) is in addition to other authorizations of 
appropriations that are available for Federal programs that provide 
covered services. Subsection (a) shall not be construed as reducing the 
authorizations of appropriations for title XXVI of the Public Health 
Service Act, the Housing Opportunities for Persons With AIDS program, 
or any other Federal program that provides covered services.
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