Part
A Unobligated Balance Flow-chart
(Based
on Title XXVI of the Public Health Service Act as amended
by the Ryan White HIV/AIDS Treatment Modernization Act of
2006)
Does
the EMA/TGA have an unobligated balance at the end of the
grant year?
"…funds
from a grant award… for a fiscal year are available
for obligation by the (Area) through the end of the one-year
period beginning on the date in such fiscal year on which
funds from the award first become available to the area
…"
YES
Is the unobligated balance from the supplemental award or
the formula award?
NO
The unobligated balance provision does not apply to this
EMA/TGA.
IF
YES, CONTINUE.
1.
UNOBLIGATED BALANCE IS FROM THE SUPPLEMENTAL AWARD(S)
Any
remaining unobligated balance of the award(s) shall be canceled
and returned by the EMA/TGA. The funds involved shall be
made available by the Secretary as additional amounts for
supplemental grants for the first FY beginning after the
FY in which the Secretary obtains the information necessary
for determining that canceling the balance is required.*
2.
UNOBLIGATED BALANCE IS FROM THE FORMULA AWARD(S)
Did
the EMA/TGA apply for a waiver allowing for a one year carryover
(CO) of funds? (The waiver allows for a one-time “carryover
year” of an EMA/TGA’s unobligated balance from
a formula award)
3.A.
Yes, and the waiver (for CO) was approved
The
unobligated funds are available for expenditure by the EMA/TGA
involved for the one-year period beginning upon the expiration
of the grant year. If the funds are not expended by the
end of this CO year, the award shall be canceled and returned
by the EMA/TGA. The funds involved shall be made available
by the Secretary as additional amounts for supplemental
grants for the first FY beginning after the FY in which
the Secretary obtains the information necessary for determining
that canceling the balance is required.*
3.b.
No, the EMA/TGA did not apply for the waiver or the waiver
application was rejected
Funds not obligated by the end of the grant year shall be
canceled and returned by the EMA/TGA. The funds involved
shall be made available by the Secretary as additional amounts
for supplemental grants for the first FY beginning after
the FY in which the Secretary obtains the information necessary
for determining that canceling the balance is required.*
4.
FOR EITHER 3A OR 3B:
Is
the unobligated balance > or < 2%?
(This
provision applies regardless of receipt of a waiver)
4A.
UNOBLIGATED BALANCE >2%
If an
EMA/TGA has an unobligated balance greater than 2%, the
Secretary shall reduce, by the same amount as such unobligated
balance, the amount of the grant under such subsection for
the first FY beginning after the FY in which the Secretary
obtains the information necessary for determining that such
balance was unobligated at the end of the grant year. This
amount will be available for supplemental grants for such
year.*
Additionally, with an unobligated balance greater than 2%
canceled or covered by a waiver for the recent grant year,
the EMA/TGA is not eligible to receive a Part A supplemental
award for the first FY beginning after the FY in which the
Secretary obtains the information necessary for determining
that such balance was unobligated at the end of the grant
year.
4B.
UNOBLIGATED BALANCE <2%
Future
corresponding reduction in funds and ineligibility for supplemental
funds do not apply to unobligated amounts less than or equal
to 2%.
*
Availability of canceled funds for redistribution as supplemental
grants is first subject to the hold harmless provision.
Note:
A reduction due to an unobligated balance greater than 2%
may not be taken into account in applying the hold harmless
provision for the subsequent FY.
Part
B Unobligated Balance Flow-chart
Based
on Title XXVI of the Public Health Service Act as amended
by the Ryan White HIV/AIDS Treatment Modernization Act of
2006
Note:
The unobligated balance provision does not apply to funds
from drug rebates.
Does
the State have any unobligated balances at the end of the
grant year?
“…Funds
from a grant award made to a State for a fiscal year (formula,
ADAP base, ADAP supplemental, supplemental and Emerging
Community awards)…are available for obligation by
the State through the end of the one-year period beginning
on the date in such fiscal year on which funds from the
award first become available to the State....”
YES
Is the
balance from a supplemental (ADAP supplemental, supplemental
or Emerging Community) award or the formula award?
NO
The
unobligated balance provision does not apply to this State.
IF
YES, CONTINUE.
1.
UNOBLIGATED BALANCE IS FROM THE SUPPLEMENTAL AWARD(S)
(ADAP
supplemental, supplemental, and Emerging Community awards)
Any
remaining unobligated balance of the award(s) shall be canceled
and returned by the State. The funds involved shall be made
available by the Secretary as additional amounts for supplemental
grants for the first FY beginning after the FY in which the
Secretary obtains the information necessary for determining
that canceling the balance is required.*
2.
UNOBLIGATED BALANCE IS FROM THE FORMULA AWARD(S)?
(ADAP
and base awards)
Did
the State apply for a waiver allowing for a one year carryover
(CO) of funds?
(The
waiver allows for a one-time “carryover year”
of a State’s unobligated balance from a formula award)
3A.
YES, AND THE WAIVER (FOR CO) WAS APPROVED
The
unobligated funds are available for expenditure by the State
involved for the one-year period beginning upon the expiration
of the grant year. If the funds are not expended by the
end of this CO year, the award shall be canceled and returned
by the State. The funds involved shall be made available
by the Secretary as additional amounts for supplemental
grants for the first FY beginning after the FY in which
the Secretary obtains the information necessary for determining
that canceling the balance is required.*
3B.
NO, the STATE did not apply for the waiver or the waiver
application was rejected
Funds
not obligated by the end of the grant year shall be canceled
and returned by the State. The funds involved shall be made
available by the Secretary as additional amounts for supplemental
grants for the first FY beginning after the FY in which
the Secretary obtains the information necessary for determining
that canceling the balance is required.*
4. FOR
EITHER 3A OR 3B
Is
the unobligated balance > or < 2%?
(This
provision applies regardless of receipt of a waiver)
4A.
Unobligated Balance >2%
If
a State has an unobligated balance greater than 2%, the
Secretary shall reduce, by the same amount as such unobligated
balance, the amount of the grant under such subsection for
the first FY beginning after the FY in which the Secretary
obtains the information necessary for determining that such
balance was unobligated at the end of the grant year. This
amount will be available for supplemental grants for such
year.*
Additionally,
with an unobligated balance greater than 2% canceled or
covered by a waiver for the recent grant year, the State
is not eligible to receive the Part B supplemental award
for the first FY beginning after the FY in which the Secretary
obtains the information necessary for determining that such
balance was unobligated at the end of the grant year. Depending
on the timeframe of obligation, the State may also be ineligible
for the ADAP supplemental.
4B.
Unobligated Balance <2%
Future
corresponding reduction in funds and ineligibility for supplemental
funds do not apply to unobligated amounts less than or equal
to 2%.
Note:
A reduction due to an unobligated balance greater than 2%
may not be taken into account in applying the hold harmless
provision for the subsequent FY.
* Availability
of canceled funds for redistribution as supplemental grants
is first subject to the hold harmless provision
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