I 

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. FORTUN ̃O 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


wwoods2 on PRODPC68 with BILLS
2 

•HR 5292 IH

1 SECTION 1. AUTHORITY FOR THE SECRETARY OF HEALTH 

2 AND HUMAN SERVICES TO ADMINISTER CER3 TAIN GRANTS. 

4 (a) IN GENERAL.—Part E of title XXVI of the Public 

5 Health Service Act is amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 2689. AUTHORITY FOR THE SECRETARY OF HEALTH 

8 AND HUMAN SERVICES TO ADMINISTER CER9 TAIN GRANTS. 

10 ‘‘(a) IN GENERAL.—With respect to a grant made 

11 to an eligible area or a State under part A or B of this 

12 title, if the Secretary determines, after reasonable notice 

13 and opportunity for hearing, that the eligible area or State 

14 has substantially failed to make appropriate use of any 

15 grant made under part A or B of this title during either 

16 of the two previous fiscal years, the grant shall be adminis17 tered by the Secretary in lieu of the chief elected official 

18 of such eligible area or State, but in all other respects 

19 in accordance with the grant requirements under part A 

20 or B of such title. 

21 ‘‘(b) PROHIBITION ON ADMINISTRATION FOR CON22 SECUTIVE YEARS.—In any case in which a grant made 

23 to an eligible area or a State has been administered by 

24 the Secretary pursuant to subsection (a), the Secretary is 

25 not authorized to administer any grant made during the 


wwoods2 on PRODPC68 with BILLS
3 

•HR 5292 IH

1 subsequent fiscal year for such eligible area or State pur2 suant to subsection (a). 

3 ‘‘(c) DETERMINATION.—In making the determination 

4 under subsection (a), the Secretary shall consider wheth5 er— 

6 ‘‘(1) more than 5 percent of the grant funds 

7 awarded remained unobligated one year after the 

8 date on which the grant was made; 

9 ‘‘(2) the eligible area or State has had addi10 tional requirements imposed on the grant under sec11 tion 74.14(a) of title 45 of the Code of Federal Reg12 ulations (as in effect on the date of the enactment 

13 of this section); or 

14 ‘‘(3) the eligible area or State has had special 

15 conditions or restrictions imposed on the grant 

16 under section 92.12(a) of title 45 of the Code of 

17 Federal Regulations (as in effect on the date of the 

18 enactment of this section). 

19 ‘‘(d) DELEGATION.—With respect to a grant admin20 istered by the Secretary in lieu of the chief elected official 

21 under subsection (a), the Secretary may delegate to a Fed22 eral instrumentality or private entity the authority to ad23 minister such grant.’’. 

24 (b) RULEMAKING.—Not later than 90 days after the 

25 date of the enactment of this Act, the Secretary shall proVerDate Aug 31 2005 02:20 Feb 09, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5292.IH H5292

wwoods2 on PRODPC68 with BILLS
4 

•HR 5292 IH

1 mulgate regulations to carry out the amendment made by 

2 subsection (a). 

3 (c) EFFECTIVE DATE.—The amendment made by 

4 this Act shall take effect for grants under part A or part 

5 B of title XXVI of the Public Health Service Act made 

6 on or after the date of the enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS