Pub.L. 108-026 To extend the Temporary Extended Unemployment Compensation Act of 2002. <> ...

	Web GovRecords.org

        AIDS and Tuberculosis Relief Act of 2000--
                    (A) are authorized to remain available until 
                expended; and
                    (B) shall be transferred to, merged with, and made 
                available for the same purposes as, funds made available 
                for fiscal years 2004 through 2008 under paragraph (1).
            (4) Limitation.--
                    (A)(i) At any time during fiscal years 2004 through 
                2008, no United States contribution to the Global Fund 
                may cause the total amount of United States Government 
                contributions to the Global Fund to exceed 33 percent of 
                the total amount of funds contributed to the Global Fund 
                from all sources. Contributions to the Global Fund from 
                the International Bank for Reconstruction and 
                Development and the International Monetary Fund shall 
                not be considered in determining compliance with this 
                paragraph.
                    (ii) If, at any time during any of the fiscal years 
                2004 through 2008, the President determines that the 
                Global Fund has provided assistance to a country, the 
                government of which the Secretary of State has 
                determined, for purposes of section 6(j)(1) of the 
                Export Administration Act of 1979 (50 U.S.C. App. 
                2405(j)(1)), has repeatedly provided support for acts of 
                international terrorism, then the United States shall 
                withhold from its contribution for the next fiscal year 
                an amount equal to the amount expended by the Fund to 
                the government of each such country.
                    (iii) If at any time the President determines that 
                the expenses of the Governing, Administrative, and 
                Advisory Bodies (including the Partnership Forum, the 
                Foundation Board, the Secretariat, and the Technical 
                Review Board) of the Global Fund exceed 10 percent of 
                the total expenditures of the Fund for any 2-year 
                period, the United States shall withhold from its 
                contribution for the next fiscal year an amount equal 
                the to the average annual amount expended by the Fund 
                for such 2-year period for the expenses of the 
                Governing, Administrative, and Advisory Bodies in excess 
                of 10 percent of the total expenditures of the Fund.
                    (iv) The President may waive the application of 
                clause (iii) if the President determines that 
                extraordinary circumstances warrant such a waiver. No 
                waiver under this clause may be for any period that 
                exceeds 1 year.
                    (v) If, at any time during any of the fiscal years 
                2004 through 2008, the President determines that the 
                salary of any individual employed by the Global Fund 
                exceeds the salary of the Vice President of the United 
                States (as determined under section 104 of title 3, 
                United States Code) for that fiscal year, then the 
                United States shall withhold from its contribution for 
                the next fiscal year an

[[Page 117 STAT. 726]]

                amount equal to the aggregate amount by which the salary 
                of each such individual exceeds the salary of the Vice 
                President of the United States.
                    (B)(i) Any amount made available under this 
                subsection that is withheld by reason of subparagraph 
                (A)(i) shall be contributed to the Global Fund as soon 
                as practicable, subject to subparagraph (A)(i), after 
                additional contributions to the Global Fund are made 
                from other sources.
                    (ii) Any amount made available under this subsection 
                that is withheld by reason of subparagraph (A)(iii) 
                shall be transferred to the Activities to Combat HIV/
                AIDS Globally Fund and shall remain available under the 
                same terms and conditions as funds appropriated pursuant 
                to the authorization of appropriations under section 401 
                for HIV/AIDS assistance.
                    (iii) Any amount made available under this 
                subsection that is withheld by reason of clause (ii) or 
                (iii) of subparagraph (A) is authorized to be made 
                available to carry out section 104A of the Foreign 
                Assistance Act of 1961 (as added by section 301 of this 
                Act). Amounts made available under the preceding 
                sentence are in addition to amounts appropriated 
                pursuant to the authorization of appropriations under 
                section 401 of this Act for HIV/AIDS assistance.
                    (C)(i) The President may suspend the application of 
                subparagraph (A) with respect to a fiscal year if the 
                President determines that an international health 
                emergency threatens the national security interests of 
                the United States.
                    
                (ii) <<NOTE: President. Notification. Deadline.>> The 
                President shall notify the Committee on International 
                Relations of the House of Representatives and the 
                Committee on Foreign Relations of the Senate not less 
                than 5 days before making a determination under clause 
                (i) with respect to the application of subparagraph 
                (A)(i) and shall include in the notification--
                          (I) a justification as to why increased United 
                      States Government contributions to the Global Fund 
                      is preferable to increased United States 
                      assistance to combat HIV/AIDS, tuberculosis, and 
                      malaria on a bilateral basis; and
                          (II) an explanation as to why other government 
                      donors to the Global Fund are unable to provide 
                      adequate contributions to the Fund.

    (e) Interagency Technical Review Panel.--
            (1) Establishment.--The Coordinator of United States 
        Government Activities to Combat HIV/AIDS Globally, established 
        in section 1(f)(1) of the State Department Basic Authorities Act 
        of 1956 (as added by section 102(a) of this Act), shall 
        establish in the executive branch an interagency technical 
        review panel.
            (2) Duties.--The interagency technical review panel shall 
        serve as a ``shadow'' panel to the Global Fund by--
                    (A) periodically reviewing all proposals received by 
                the Global Fund; and
                    (B) providing guidance to the United States persons 
                who are representatives on the panels, committees, and 
                boards of the Global Fund, on the technical efficacy, 
                suitability, and appropriateness of the proposals, and 
                ensuring

[[Page 117 STAT. 727]]

                that such persons are fully informed of technical 
                inadequacies or other aspects of the proposals that are 
                inconsistent with the purposes of this or any other Act 
                relating to the provision of foreign assistance in the 
                area of AIDS.
            (3) Membership.--The interagency technical review panel 
        shall consist of qualified medical and development experts who 
        are officers or employees of the Department of Health and Human 
        Services, the Department of State, and the United States Agency 
        for International Development.
            (4) Chair.--The Coordinator referred to in paragraph (1) 
        shall chair the interagency technical review panel.

    (f) Monitoring by Comptroller General.--
            (1) Monitoring.--The Comptroller General shall monitor and 
        evaluate projects funded by the Global Fund.
            (2) Report.--The Comptroller General shall on a biennial 
        basis shall prepare and submit to the appropriate congressional 
        committees a report that contains the results of the monitoring 
        and evaluation described in paragraph (1) for the preceding 2-
        year period.

    (g) Provision of Information to Congress.--
The <<NOTE: Deadline.>> Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally shall make available to the 
Congress the following documents within 30 days of a request by the 
Congress for such documents:
            (1) All financial and accounting statements for the Global 
        Fund and the Activities to Combat HIV/AIDS Globally Fund, 
        including administrative and grantee statements.
            (2) Reports provided to the Global Fund and the Activities 
        to Combat HIV/AIDS Globally Fund by organizations contracted to 
        audit recipients of funds.
            (3) Project proposals submitted by applicants for funding 
        from the Global Fund and the Activities to Combat HIV/AIDS 
        Globally Fund, but which were not funded.
            (4) Progress reports submitted to the Global Fund and the 
        Activities to Combat HIV/AIDS Globally Fund by grantees.

    (h) Sense of the Congress Regarding Encouragement of Private 
Contributions to the Global Fund.--It is the sense of the Congress that 
the President should--
            (1) conduct an outreach campaign that is designed to--
                    (A) inform the public of the existence of--
                          (i) the Global Fund; and
                          (ii) any entity that will accept private 
                      contributions intended for use by the Global Fund; 
                      and
                    (B) encourage private contributions to the Global 
                Fund; and
            (2) encourage private contributions intended for use by the 
        Global Fund by--
                    (A) establishing and operating an Internet website, 
                and publishing information about the website; and
                    (B) making public service announcements on radio and 
                television.

SEC. 203. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL VACCINE FUNDS.

    (a) Vaccine Fund.--Section 302(k) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2222(k)) is amended--

[[Page 117 STAT. 728]]

            (1) by striking ``$50,000,000 for each of the fiscal years 
        2001 and 2002'' and inserting ``such sums as may be necessary 
        for each of the fiscal years 2004 through 2008''; and
            (2) by striking ``Global Alliance for Vaccines and 
        Immunizations'' and inserting ``Vaccine Fund''.

    (b) International AIDS Vaccine Initiative.--Section 302(l) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2222(l)) is amended by 
striking ``$10,000,000 for each of the fiscal years 2001 and 2002'' and 
inserting ``such sums as may be necessary for each of the fiscal years 
2004 through 2008''.

    (c) Support for the Development of Malaria Vaccine.--Section 302 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2222)) is amended by 
adding at the end the following new subsection:
    ``(m) In addition to amounts otherwise available under this section, 
there are authorized to be appropriated to the President such sums as 
may be necessary for each of the fiscal years 2004 through 2008 to be 
available for United States contributions to malaria vaccine development 
programs, including the Malaria Vaccine Initiative of the Program for 
Appropriate Technologies in Health (PATH).''.

                      TITLE III--BILATERAL EFFORTS

               Subtitle A--General Assistance and Programs

SEC. 301. <<NOTE: 22 USC 7631.>> ASSISTANCE TO COMBAT HIV/AIDS.

    (a) Amendment of the Foreign Assistance Act of 1961.--Chapter 1 of 
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 
amended--
            (1) in section 104(c) (22 U.S.C. 2151b(c)), by striking 
        paragraphs (4) through (7); and
            (2) by inserting after section 104 the following new 
        section:

``SEC. 104A. <<NOTE: 22 USC 2151b-2.>> ASSISTANCE TO COMBAT HIV/AIDS.

    ``(a) Finding.--Congress recognizes that the alarming spread of HIV/
AIDS in countries in sub-Saharan Africa, the Caribbean, and other 
developing countries is a major global health, national security, 
development, and humanitarian crisis.
    ``(b) Policy.--It is a major objective of the foreign assistance 
program of the United States to provide assistance for the prevention, 
treatment, and control of HIV/AIDS. The United States and other 
developed countries should provide assistance to countries in sub-
Saharan Africa, the Caribbean, and other countries and areas to control 
this crisis through HIV/AIDS prevention, treatment, monitoring, and 
related activities, particularly activities focused on women and youth, 
including strategies to protect women and prevent mother-to-child 
transmission of the HIV infection.
    ``(c) Authorization.--
            ``(1) In general.--Consistent with section 104(c), the 
        President is authorized to furnish assistance, on such terms and 
        conditions as the President may determine, for HIV/AIDS, 
        including to prevent, treat, and monitor HIV/AIDS, and carry out 
        related activities, in countries in sub-Saharan Africa, the 
        Caribbean, and other countries and areas.

[[Page 117 STAT. 729]]

            ``(2) Role of ngos.--It is the sense of Congress that the 
        President should provide an appropriate level of assistance 
        under paragraph (1) through nongovernmental organizations 
        (including faith-based and community-based organizations) in 
        countries in sub-Saharan Africa, the Caribbean, and other 
        countries and areas affected by the HIV/AIDS pandemic.
            ``(3) Coordination of assistance efforts.--
        The <<NOTE: President.>> President shall coordinate the 
        provision of assistance under paragraph (1) with the provision 
        of related assistance by the Joint United Nations Programme on 
        HIV/AIDS (UNAIDS), the United Nations Children's Fund (UNICEF), 
        the World Health Organization (WHO), the United Nations 
        Development Programme (UNDP), the Global Fund to Fight AIDS, 
        Tuberculosis and Malaria and other appropriate international 
        organizations (such as the International Bank for Reconstruction 
        and Development), relevant regional multilateral development 
        institutions, national, state, and local governments of foreign 
        countries, appropriate governmental and nongovernmental 
        organizations, and relevant executive branch agencies.

    ``(d) Activities Supported.--Assistance provided under subsection 
(c) shall, to the maximum extent practicable, be used to carry out the 
following activities:
            ``(1) Prevention.--Prevention of HIV/AIDS through activities 
        including--
                    ``(A) programs and efforts that are designed or 
                intended to impart knowledge with the exclusive purpose 
                of helping individuals avoid behaviors that place them 
                at risk of HIV infection, including integration of such 
                programs into health programs and the inclusion in 
                counseling programs of information on methods of 
                avoiding infection of HIV, including delaying sexual 
                debut, abstinence, fidelity and monogamy, reduction of 
                casual sexual partnering, reducing sexual violence and 
                coercion, including child marriage, widow inheritance, 
                and polygamy, and where appropriate, use of condoms;
                    ``(B) assistance to establish and implement 
                culturally appropriate HIV/AIDS education and prevention 
                programs that focus on helping individuals avoid 
                infection of HIV/AIDS, implemented through 
                nongovernmental organizations, including faith-based and 
                community-based organizations, particularly those 
                organizations that utilize both professionals and 
                volunteers with appropriate skills, experience, and 
                community presence;
                    ``(C) assistance for the purpose of encouraging men 
                to be responsible in their sexual behavior, child 
                rearing, and to respect women;
                    ``(D) assistance for the purpose of providing 
                voluntary testing and counseling (including the 
                incorporation of confidentiality protections with 
                respect to such testing and counseling);
                    ``(E) assistance for the purpose of preventing 

Other Popular 108th Congressional Public Laws Documents:

Other Documents:

108th Congressional Public Laws Records and Documents