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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. AUTHORITY FOR THE SECRETARY OF HEALTH 
AND HUMAN SERVICES TO ADMINISTER CER-
TAIN 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 CER-
TAIN 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 adminis-
tered 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 CON-
SECUTIVE 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 
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subsequent fiscal year for such eligible area or State pur-
suant to subsection (a). 
‘‘(c) DETERMINATION.—In making the determination 
under subsection (a), the Secretary shall consider wheth-
er— 
‘‘(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 addi-
tional requirements imposed on the grant under sec-
tion 74.14(a) of title 45 of the Code of Federal Reg-
ulations (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 admin-
istered by the Secretary in lieu of the chief elected official 
under subsection (a), the Secretary may delegate to a Fed-
eral instrumentality or private entity the authority to ad-
minister such grant.’’. 
(b) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall pro-
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mulgate 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. 
Æ 
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