[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2736 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2736

 To amend the Public Health Service Act to authorize grants to provide 
 comprehensive HIV/AIDS services to racial and ethnic minorities, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2007

 Ms. Velazquez (for herself, Ms. Solis, Mr. Serrano, and Mr. Fortuno) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to authorize grants to provide 
 comprehensive HIV/AIDS services to racial and ethnic minorities, 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 Emergency Local Partnership Act 
of 2007''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds as follows:
            (1) Since AIDS cases were first reported more than 25 years 
        ago, approximately 1.7 million people in the United States have 
        been diagnosed with HIV and 500,000 of them have died.
            (2) Racial minorities have been disproportionately affected 
        by this epidemic. Of the 1,200,000 United States HIV cases 
        reported, there are 500,000 African-Americans and 200,000 
        Latinos living with the disease.
            (3) It is estimated that 50 percent of all AIDS patients 
        are African Americans and 19 percent are Latinos. The African-
        American community is 12 percent of the general United States 
        population, and Latinos are 14 percent of the population.
            (4) Ten States and the Commonwealth of Puerto Rico account 
        for 71 percent of the Nation's AIDS cases.
            (5) Within the top 10 States and territories with the 
        highest concentration of people living with HIV/AIDS, large 
        Latino and African-American populations reside in 7 of them: 
        New York, California, Florida, Texas, New Jersey, Illinois, and 
        Pennsylvania. African Americans comprise large percentages of 
        people living with this disease in Georgia, Maryland, and the 
        District of Columbia. Latinos comprise large percentages of 
        people living with HIV/AIDS in Connecticut, Massachusetts, and 
        Puerto Rico.
            (6) Programs funded through title XXVI of the Public Health 
        Service Act (42 U.S.C. 300ff-11 et seq.; as amended by the 
        ``Ryan White HIV/AIDS Treatment Modernization Act of 2006'') 
        are essential to people who are HIV/AIDS positive, particularly 
        those who are low income or from an ethnic or minority 
        community. Although recent changes to these programs address 
        the problem of reaching minority populations in this country, 
        more needs to be done as the epidemic continues to impact those 
        communities more severely.
            (7) People who live with HIV/AIDS not only need assistance 
        to take care of their immediate physical condition, but also 
        require information and education about how to address other 
        consequences associated with the disease. A holistic approach 
        is necessary to address not just the immediate physical health 
        of an individual in the community, but also to educate on 
        preventing the spread of the disease in high-risk 
        neighborhoods.
            (8) Capable non-profit entities are essential to providing 
        a comprehensive approach and reaching more individuals in their 
        local communities.
            (9) There is an urgent need for providing funding to 
        entities that not only serve minority populations, but also 
        provide services through partnerships at the local level in 
        high-risk communities.
    (b) Purpose.--The purpose of this Act is to establish and authorize 
funding for a pilot grant program within the Minority AIDS Initiative 
that will encourage qualified community health entities to cooperate 
with each other to provide comprehensive HIV/AIDS services for racial 
and ethnic minorities in the local community where the entities are 
located.

SEC. 3. PRIORITIZING HIV/AIDS SERVICES BY LOCAL ENTITIES TO MINORITIES.

    (a) Establishment of Program.--Section 2693 of the Public Health 
Service Act (42 U.S.C. 300ff-101) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$135,100,000 for fiscal year 
                2008'' and inserting ``$185,100,000 for fiscal year 
                2008''; and
                    (B) by striking ``$139,100,000 for fiscal year 
                2009'' and inserting ``$189,100,000 for fiscal year 
                2009''; and
            (2) by adding at the end the following:
    ``(d) Prioritizing HIV/AIDS Services by Local Entities to 
Minorities.--
            ``(1) Reservation.--For carrying out this subsection, the 
        Secretary shall, of the amount appropriated under subsection 
        (a) for each of fiscal years 2008 and 2009, reserve not less 
        than $25,000,0000 and not more than $50,000,000.
            ``(2) Grants.--In carrying out the purpose described in 
        subsection (a)--
                    ``(A) the Secretary shall award grants to eligible 
                entities that are located in a community described in 
                paragraph (4)(C) (or are in partnership with an entity 
                that is located in a community described in paragraph 
                (4)(C)) to provide comprehensive HIV/AIDS services to 
                racial and ethnic minorities in such community; and
                    ``(B) sections 2604(c)(1), 2612(b)(1), and 
                2651(c)(1) (requiring the use of at least 75 percent of 
                available funds to provide core medical services) shall 
                not apply.
            ``(3) Requirements.--Comprehensive HIV/AIDS services 
        provided by an eligible entity pursuant to this subsection 
        shall--
                    ``(A) include not less than 3 types of HIV/AIDS 
                services authorized under part A, B, C, or D of this 
                title or section 2692; and
                    ``(B) give special consideration to minority 
                capacity staff building which reflects the target 
                population.
            ``(4) Eligibility.--To be eligible to receive a grant under 
        this section, an entity shall--
                    ``(A) be a nonprofit private entity;
                    ``(B) be located, or apply for the grant in 
                partnership with an entity that is located, in one of 
                the 10 States and territories with the highest 
                concentration of people living with HIV/AIDS, as 
                determined by the Centers for Disease Control and 
                Prevention; and
                    ``(C) be located, or apply for the grant in 
                partnership with an entity that is located, in a 
                community in which racial and ethnic minorities 
                comprise a majority of the population, as identified by 
                United States census data.
            ``(5) Distribution of grants.--The Secretary shall award 
        grants under this subsection for HIV/AIDS services in not less 
        than 5 of the States and territories described in paragraph 
        (4)(B).
            ``(6) Preference.--In awarding grants under this 
        subsection, the Secretary shall give preference to eligible 
        entities that demonstrate each of the following:
                    ``(A) The eligible entity is located (and not 
                merely in partnership with another entity that is 
                located) in a State or territory described in paragraph 
                (4)(B) and a community described in paragraph (4)(C).
                    ``(B) In providing HIV/AIDS services through the 
                grant, the eligible entity will partner with one or 
                more local entities in the community to be served.
                    ``(C) The eligible entity will use the grant to 
                provide innovative approaches to HIV testing, 
                prevention, and treatment.
                    ``(D) The staff of the eligible entity reflects the 
                community to be served.
                    ``(E) The members of the governing body of the 
                eligible entity are representative of the community to 
                be served.''.
    (b) Report.--
            (1) In general.--Not later than January 1, 2009, the 
        Secretary of Human and Health Services shall submit a report to 
        the Congress describing the status of the HIV/AIDS epidemic 
        across the Nation.
            (2) Contents.--The report submitted under this subsection 
        shall--
                    (A) give special emphasis to the 10 States and 
                territories with the highest concentration of people 
                living with HIV/AIDS, as determined by the Centers for 
                Disease Control and Prevention;
                    (B) include the comments submitted pursuant to 
                paragraph (3);
                    (C) analyze the effectiveness of the grant program 
                established under section 2693(d) of the Public Health 
                Service Act, as added by subsection (a); and
                    (D) recommend any appropriate changes for improving 
                such program.
            (3) Comments.--In preparing the report required by this 
        subsection, the Secretary shall solicit comments from the 
        general public and each entity receiving a grant under section 
        2693(d) of the Public Health Service Act, as added by 
        subsection (a).

SEC. 4. TEMPORARY EXTENSION OF MINORITY HIV/AIDS INITIATIVES FUNDING.

    The Secretary of Health and Human Services shall continue to fund 
grants awarded through the Minority HIV/AIDS Initiatives of the Health 
Resources and Services Administration, as in effect on the day before 
the date of the enactment of the Ryan White HIV/AIDS Treatment 
Modernization Act of 2006 (Pub. L. 109-415), until the Secretary begins 
to provide funds to entities through section 2693 of the Public Health 
Service Act (42 U.S.C. 300ff-121), as added by the Ryan White HIV/AIDS 
Treatment Modernization Act of 2006.

SEC. 5. EXEMPTION FROM MEDICAID TERRITORIAL FUNDING LIMITATION FOR 
              MEDICAL ASSISTANCE FOR INDIVIDUALS WITH HIV/AIDS.

    (a) In General.--Section 1108(g) of the Social Security Act (42 
U.S.C. 1308(g)) is amended by adding at the end the following:
            ``(4) Disregarding medical assistance cap for individuals 
        with hiv/aids.--Funding limitations under this subsection and 
        subsection (f) shall not apply to amounts expended for medical 
        assistance for individuals with HIV/AIDS (as defined in section 
        2688(7) of the Public Health Service Act).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to fiscal years beginning with fiscal year 2007.
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