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HR 5292 IH

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.

February 7, 2008

Mr. FORTUN.AE6O introduced the following bill; which was referred to the Committee on Energy and Commerce

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.