[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5292 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5292

   To permit the Secretary of Health and Human Services to directly 
 administer Ryan White part A and B grants for eligible areas, States, 
  or territories that failed to make appropriate use of previous Ryan 
                       White part A and B grants.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2008

 Mr. Fortuno introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To permit the Secretary of Health and Human Services to directly 
 administer Ryan White part A and B grants for eligible areas, States, 
  or territories that failed to make appropriate use of previous Ryan 
                       White part A and B grants.

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

SECTION 1. AUTHORITY FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES TO 
              ADMINISTER CERTAIN GRANTS.

    (a) In General.--Part E of title XXVI of the Public Health Service 
Act is amended by adding at the end the following new section:

``SEC. 2689. AUTHORITY FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES 
              TO ADMINISTER CERTAIN GRANTS.

    ``(a) In General.--With respect to a grant made to an eligible area 
or a State under part A or B of this title, if the Secretary 
determines, after reasonable notice and opportunity for hearing, that 
the eligible area or State has substantially failed to make appropriate 
use of any grant made under part A or B of this title during either of 
the two previous fiscal years, the grant shall be administered by the 
Secretary in lieu of the chief elected official of such eligible area 
or State, but in all other respects in accordance with the grant 
requirements under part A or B of such title.
    ``(b) Prohibition on Administration for Consecutive Years.--In any 
case in which a grant made to an eligible area or a State has been 
administered by the Secretary pursuant to subsection (a), the Secretary 
is not authorized to administer any grant made during the subsequent 
fiscal year for such eligible area or State pursuant to subsection (a).
    ``(c) Determination.--In making the determination under subsection 
(a), the Secretary shall consider whether--
            ``(1) more than 5 percent of the grant funds awarded 
        remained unobligated one year after the date on which the grant 
        was made;
            ``(2) the eligible area or State has had additional 
        requirements imposed on the grant under section 74.14(a) of 
        title 45 of the Code of Federal Regulations (as in effect on 
        the date of the enactment of this section); or
            ``(3) the eligible area or State has had special conditions 
        or restrictions imposed on the grant under section 92.12(a) of 
        title 45 of the Code of Federal Regulations (as in effect on 
        the date of the enactment of this section).
    ``(d) Delegation.--With respect to a grant administered by the 
Secretary in lieu of the chief elected official under subsection (a), 
the Secretary may delegate to a Federal instrumentality or private 
entity the authority to administer such grant.''.
    (b) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
carry out the amendment made by subsection (a).
    (c) Effective Date.--The amendment made by this Act shall take 
effect for grants under part A or part B of title XXVI of the Public 
Health Service Act made on or after the date of the enactment of this 
Act.
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