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

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                mother-to-child transmission of the HIV infection, 
                including medications to prevent such transmission and 
                access to infant formula and other alternatives for 
                infant feeding;
                    ``(F) assistance to ensure a safe blood supply and 
                sterile medical equipment;

[[Page 117 STAT. 730]]

                    ``(G) assistance to help avoid substance abuse and 
                intravenous drug use that can lead to HIV infection; and
                    (H) assistance for the purpose of increasing women's 
                access to employment opportunities, income, productive 
                resources, and microfinance programs, where appropriate.
            ``(2) Treatment.--The treatment and care of individuals with 
        HIV/AIDS, including--
                    ``(A) assistance to establish and implement programs 
                to strengthen and broaden indigenous health care 
                delivery systems and the capacity of such systems to 
                deliver HIV/AIDS pharmaceuticals and otherwise provide 
                for the treatment of individuals with HIV/AIDS, 
                including clinical training for indigenous organizations 
                and health care providers;
                    ``(B) assistance to strengthen and expand hospice 
                and palliative care programs to assist patients 
                debilitated by HIV/AIDS, their families, and the primary 
                caregivers of such patients, including programs that 
                utilize faith-based and community-based organizations; 
                and
                    ``(C) assistance for the purpose of the care and 
                treatment of individuals with HIV/AIDS through the 
                provision of pharmaceuticals, including antiretrovirals 
                and other pharmaceuticals and therapies for the 
                treatment of opportunistic infections, nutritional 
                support, and other treatment modalities.
            ``(3) Preventative intervention education and 
        technologies.--(A) With particular emphasis on specific 
        populations that represent a particularly high risk of 
        contracting or spreading HIV/AIDS, including those exploited 
        through the sex trade, victims of rape and sexual assault, 
        individuals already infected with HIV/AIDS, and in cases of 
        occupational exposure of health care workers, assistance with 
        efforts to reduce the risk of HIV/AIDS infection including post-
        exposure pharmaceutical prophylaxis, and necessary 
        pharmaceuticals and commodities, including test kits, condoms, 
        and, when proven effective, microbicides.
            ``(B) Bulk purchases of available test kits, condoms, and, 
        when proven effective, microbicides that are intended to reduce 
        the risk of HIV/AIDS
transmission and for appropriate program support for the introduction 
and distribution of these commodities, as well as education and training 
on the use of the technologies.
            ``(4) Monitoring.--The monitoring of programs, projects, and 
        activities carried out pursuant to paragraphs (1) through (3), 
        including--
                    ``(A) monitoring to ensure that adequate controls 
                are established and implemented to provide HIV/AIDS 
                pharmaceuticals and other appropriate medicines to poor 
                individuals with HIV/AIDS;
                    ``(B) appropriate evaluation and surveillance 
                activities;
                    ``(C) monitoring to ensure that appropriate measures 
                are being taken to maintain the sustainability of HIV/
                AIDS pharmaceuticals (especially antiretrovirals) and 
                ensure that drug resistance is not compromising the 
                benefits of such pharmaceuticals; and

[[Page 117 STAT. 731]]

                    ``(D) monitoring to ensure appropriate law 
                enforcement officials are working to ensure that HIV/
                AIDS pharmaceuticals are not diminished through illegal 
                counterfeiting or black market sales of such 
                pharmaceuticals.
            ``(5) Pharmaceuticals.--
                    ``(A) Procurement.--The procurement of HIV/AIDS 
                pharmaceuticals, antiviral therapies, and other 
                appropriate medicines, including medicines to treat 
                opportunistic infections.
                    ``(B) Mechanisms for quality control and sustainable 
                supply.--Mechanisms to ensure that such HIV/AIDS 
                pharmaceuticals, antiretroviral therapies, and other 
                appropriate medicines are quality-controlled and 
                sustainably supplied.
                    ``(C) Distribution.--The distribution of such HIV/
                AIDS pharmaceuticals, antiviral therapies, and other 
                appropriate medicines (including medicines to treat 
                opportunistic infections) to qualified national, 
                regional, or local organizations for the treatment of 
                individuals with HIV/AIDS in accordance with appropriate 
                HIV/AIDS testing and monitoring requirements and 
                treatment protocols and for the prevention of mother-to-
                child transmission of the HIV infection.
            ``(6) Related activities.--The conduct of related 
        activities, including--
                    ``(A) the care and support of children who are 
                orphaned by the HIV/AIDS pandemic, including services 
                designed to care for orphaned children in a family 
                environment which rely on extended family members;
                    ``(B) improved infrastructure and institutional 
                capacity to develop and manage education, prevention, 
                and treatment programs, including training and the 
                resources to collect and maintain accurate HIV 
                surveillance data to target programs and measure the 
                effectiveness of interventions; and
                    ``(C) vaccine research and development partnership 
                programs with specific plans of action to develop a 
                safe, effective, accessible, preventive HIV vaccine for 
                use throughout the world.
            ``(7) Comprehensive hiv/aids public-private partnerships.--
        The establishment and operation of public-private partnership 
        entities within countries in sub-Saharan Africa, the Caribbean, 
        and other countries affected by the HIV/AIDS pandemic that are 
        dedicated to supporting the national strategy of such countries 
        regarding the prevention, treatment, and monitoring of HIV/AIDS. 
        Each such public-private partnership should--
                    ``(A) support the development, implementation, and 
                management of comprehensive HIV/AIDS plans in support of 
                the national HIV/AIDS strategy;
                    ``(B) operate at all times in a manner that 
                emphasizes efficiency, accountability, and results-
                driven programs;
                    ``(C) engage both local and foreign development 
                partners and donors, including businesses, government 
                agencies, academic institutions, nongovernmental 
                organizations, foundations, multilateral development 
                agencies, and faith-based organizations, to assist the 
                country in coordinating

[[Page 117 STAT. 732]]

                and implementing HIV/AIDS prevention, treatment, and 
                monitoring programs in accordance with its national HIV/
                AIDS strategy;
                    ``(D) provide technical assistance, consultant 
                services, financial planning, monitoring and evaluation, 
                and research in support of the national HIV/AIDS 
                strategy; and
                    ``(E) establish local human resource capacities for 
                the national HIV/AIDS strategy through the transfer of 
                medical, managerial, leadership, and technical skills.

    ``(e) Annual Report.--
            ``(1) In general.--Not <<NOTE: Deadline. President.>> later 
        than January 31 of each year, the President shall submit to the 
        Committee on Foreign Relations of the Senate and the Committee 
        on International Relations of the House of Representatives a 
        report on the implementation of this section for the prior 
        fiscal year.
            ``(2) Report elements.--Each report shall include--
                    ``(A) a description of efforts made by each relevant 
                executive branch agency to implement the policies set 
                forth in this section, section 104B, and section 104C;
                    ``(B) a description of the programs established 
                pursuant to such sections; and
                    ``(C) a detailed assessment of the impact of 
                programs established pursuant to such sections, 
                including--
                          ``(i)(I) the effectiveness of such programs in 
                      reducing the spread of the HIV infection, 
                      particularly in women and girls, in reducing 
                      mother-to-child transmission of the HIV infection, 
                      and in reducing mortality rates from HIV/AIDS; and
                          ``(II) the number of patients currently 
                      receiving treatment for AIDS in each country that 
                      receives assistance under this Act.
                          ``(ii) the progress made toward improving 
                      health care delivery systems (including the 
                      training of adequate numbers of staff) and 
                      infrastructure to ensure increased access to care 
                      and treatment;
                          ``(iii) with respect to tuberculosis, the 
                      increase in the number of people treated and the 
                      increase in number of tuberculosis patients cured 
                      through each program, project, or activity 
                      receiving United States foreign assistance for 
                      tuberculosis control purposes; and
                          ``(iv) with respect to malaria, the increase 
                      in the number of people treated and the increase 
                      in number of malaria patients cured through each 
                      program, project, or activity receiving United 
                      States foreign assistance for malaria control 
                      purposes.

    ``(f) Funding Limitation.--Of the funds made available to carry out 
this section in any fiscal year, not more
than 7 percent may be used for the administrative expenses of the United 
States Agency for International Development in support of activities 
described in section 104(c), this section, section 104B, and section 
104C. Such amount shall be in addition to other amounts otherwise 
available for such purposes.

    ``(g) Definitions.--In this section:
            ``(1) AIDS.--The term `AIDS' means acquired immune 
        deficiency syndrome.

[[Page 117 STAT. 733]]

            ``(2) HIV.--The term `HIV' means the human immunodeficiency 
        virus, the pathogen that causes AIDS.
            ``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to 
        an individual, an individual who is infected with HIV or living 
        with AIDS.
            ``(4) Relevant executive branch agencies.--The term 
        `relevant executive branch agencies' means the Department of 
        State, the United States Agency for International Development, 
        the Department of Health and Human Services (including its 
        agencies and offices), and any other department or agency of the 
        United States that participates in international HIV/AIDS 
        activities pursuant to the authorities of such department or 
        agency or this Act.''.

    (b) Authorization of Appropriations.--
            (1) In general.--In addition to funds available under 
        section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151b(c)) for such purpose or under any other provision of that 
        Act, there are authorized to be appropriated to the President, 
        from amounts authorized to be appropriated under section 401, 
        such sums as may be necessary for each of the fiscal years 2004 
        through 2008 to carry out section 104A of the Foreign Assistance 
        Act of 1961, as added by subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant to 
        paragraph (1) are authorized to remain available until expended.
            (3) Allocation of Funds.--Of the amount authorized to be 
        appropriated by paragraph (1) for the fiscal years 2004 through 
        2008, such sums as may be necessary are authorized to be 
        appropriated to carry out section 104A(d)(4) of the Foreign 
        Assistance Act of 1961 (as added by subsection (a)), relating to 
        the procurement and distribution of HIV/AIDS pharmaceuticals.

    (c) Relationship to Assistance Programs to Enhance Nutrition.--In 
recognition of the fact that malnutrition may hasten the progression of 
HIV to AIDS and may exacerbate the decline among AIDS patients leading 
to a shorter life span, the Administrator of the United States Agency 
for International Development shall, as appropriate--
            (1) integrate nutrition programs with HIV/AIDS activities, 
        generally;
            (2) provide, as a component of an anti-retroviral therapy 
        program, support for food and nutrition to individuals infected 
        with and affected by HIV/AIDS; and
            (3) provide support for food and nutrition for children 
        affected by HIV/AIDS and to communities and households caring 
        for children affected by HIV/AIDS.

    (d) Eligibility for Assistance.--An organization that is otherwise 
eligible to receive assistance under section 104A of the Foreign 
Assistance Act of 1961 (as added by subsection (a)) or under any other 
provision of this Act (or any amendment made by this Act) to prevent, 
treat, or monitor HIV/AIDS shall not be required, as a condition of 
receiving the assistance, to endorse or utilize a multisectoral approach 
to combatting HIV/AIDS, or to endorse, utilize, or participate in a 
prevention method or treatment program to which the organization has a 
religious or moral objection.
    (e) Limitation.--No funds made available to carry out this Act, or 
any amendment made by this Act, may be used to promote

[[Page 117 STAT. 734]]

or advocate the legalization or practice of prostitution or sex 
trafficking. Nothing in the preceding sentence shall be construed to 
preclude the provision to individuals of palliative care, treatment, or 
post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals 
and commodities, including test kits, condoms, and, when proven 
effective, microbicides.
    (f) Limitation.--No funds made available to carry out this Act, or 
any amendment made by this Act, may be used to provide assistance to any 
group or organization that does not have a policy explicitly opposing 
prostitution and sex trafficking.
    (g) Sense of Congress Relating to Food Assistance for Individuals 
Living With HIV/AIDS.--
            (1) Findings.--Congress finds the following:
                    (A) The United States provides more than 60 percent 
                of all food assistance worldwide.
                    (B) According to the United Nations World Food 
                Program and other United Nations agencies, food 
                insecurity of individuals infected or living with HIV/
                AIDS is a major problem in countries with large 
                populations of such individuals, particularly in African 
                countries.
                    (C) Although the United States is willing to provide 
                food assistance to these countries in need, a few of the 
                countries object to part or all of the assistance 
                because of fears of benign genetic modifications to the 
                foods.
                    (D) Healthy and nutritious foods for individuals 
                infected or living with HIV/AIDS are an important 
                complement to HIV/AIDS medicines for such individuals.
                    (E) Individuals infected with HIV have higher 
                nutritional requirements than individuals who are not 
                infected with HIV, particularly with respect to the need 
                for protein. Also, there is evidence to suggest that the 
                full benefit of therapy to treat HIV/AIDS may not be 
                achieved in individuals who are malnourished, 
                particularly in pregnant and lactating women.
            (2) Sense of congress.--It is therefore the sense of 
        Congress that United States food assistance should be accepted 
        by countries with large populations of individuals infected or 
        living with HIV/AIDS, particularly African countries, in order 
        to help feed such individuals.

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