II

107TH CONGRESS

1ST SESSION S. 1230

To amend the Public Health Service Act to focus American efforts on HIV/

AIDS, tuberculosis, and malaria in developing countries.

IN THE SENATE OF THE UNITED STATES

JULY 24, 2001

Mr. FRIST (for himself and Mrs. CLINTON) introduced the following bill;

which was read twice and referred to the Committee on Foreign Relations

A BILL

To amend the Public Health Service Act to focus American

efforts on HIV/AIDS, tuberculosis, and malaria in developing countries.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Global Leadership in

5 Developing the Expanded Response Act’’ or the ‘‘GLID6 ER Act’’.

7 SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE

8 ACT.

9 The Public Health Service Act (42 U.S.C. 201 et

10 seq.) is amended by adding at the end the following:
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1 ‘‘TITLE XXVIII—PREVENTION

2 AND CONTROL OF LIFE3 THREATENING DISEASES IN

4 DEVELOPING COUNTRIES

5 ‘‘SEC. 2801. PURPOSE.

6 ‘‘It is the purpose of this title to focus American ef7 forts on HIV/AIDS, tuberculosis, and malaria in devel8 oping countries, through—

9 ‘‘(1) the promotion and expansion of primary

10 prevention efforts;

11 ‘‘(2) the improvement of clinic-, community12 and home-based care and treatment;

13 ‘‘(3) the provision of assistance for capacity and

14 infrastructure development; and

15 ‘‘(4) the provision of assistance to those individ16 uals who are affected by such diseases such as AIDS

17 orphans and families.

18 ‘‘Subtitle A—General Authorities of

19 the Departments of State and

20 Health and Human Services.

21 ‘‘SEC. 2811. GENERAL AUTHORITY OF THE SECRETARIES OF

22 STATE AND HEALTH AND HUMAN SERVICES.

23 ‘‘(a) IN GENERAL.—In carrying out this title, the

24 Secretary of State, in coordination with the Secretary of

25 Health and Human Services, may—
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1 ‘‘(1) establish and maintain effective partner2 ships with multi-lateral entities, foreign govern3 ments, Federal agencies, non-governmental entities

4 (faith-based and secular), government officials, uni5 versities, community-based organizations, and other

6 national or international entities, including the

7 leveraging of resources of partnering organizations

8 and nations, to—

9 ‘‘(A) promote and expand primary preven10 tion efforts with respect to HIV/AIDS, tuber11 culosis, and malaria;

12 ‘‘(B) improve clinic-, community- and

13 home-based care and treatment for HIV/AIDS

14 and the resulting opportunistic infections, tu15 berculosis, and malaria;

16 ‘‘(C) assist with capacity and infrastruc17 ture development;

18 ‘‘(D) provide support for individuals af19 fected by (but not infected with) HIV/AIDS, tu20 berculosis, and malaria; and

21 ‘‘(E) carry out other activities determined

22 to be appropriate by the Secretary of State and

23 Secretary of Health and Human Services;
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1 ‘‘(2) devise a means by which to coordinate the

2 activities of the Department of State and the De3 partment of Health and Human Services in—

4 ‘‘(A) national program development and

5 implementation;

6 ‘‘(B) those countries receiving assistance;

7 and

8 ‘‘(C) local initiatives;

9 ‘‘(3) establish and maintain a GLIDER task

10 force, to be composed of representatives from the

11 Departments of State, Health and Human Services,

12 Labor, Treasury, and Defense—

13 ‘‘(A) that may—

14 ‘‘(i) provide advice generally about

15 policies and future actions with respect to

16 HIV/AIDS, tuberculosis, and malaria;

17 ‘‘(ii) establish priorities for programs

18 addressing the global crises of HIV/AIDS,

19 tuberculosis, and malaria;

20 ‘‘(iii) provide advice to the President

21 with respect to activities to carry out the

22 purposes of the GLIDER Act; or

23 ‘‘(iv) serve as a liaison between the

24 programs established under this title and

25 the programs established under the Global
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1 HIV/AIDS and Health Fund and other

2 multilateral efforts, as requested by the

3 President; and

4 ‘‘(B) whose composition shall—

5 ‘‘(i) be determined and formalized

6 pursuant to regulations promulgated joint7 ly by the Secretary of State and the Sec8 retary of Health and Human Services

9 within 6 months of the date of enactment

10 of this title; and

11 ‘‘(ii) include an equal number of rep12 resentatives from the Department of State

13 and the Department of Health and Human

14 Services;

15 ‘‘(4) coordinate the implementation of this title

16 with foreign governments in order to—

17 ‘‘(A) ensure that sustainable, culturally ap18 propriate, effective programs are integrated into

19 other health initiatives and are consistent with

20 national plans for development as described in

21 paragraph (4);

22 ‘‘(B) prevent duplicative efforts or com23 peting projects; and

24 ‘‘(C) improve the approaches, tools, and

25 systems available;
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1 ‘‘(5) determine the foreign countries that

2 should receive assistance under this title based on

3 factors such as—

4 ‘‘(A) the magnitude of the existing disease

5 burden of HIV/AIDS, tuberculosis, or malaria

6 or the potential for increased infections in such

7 country;

8 ‘‘(B) the anticipated receptiveness of a

9 country to the receipt of assistance under this

10 title;

11 ‘‘(C) the history of each country’s commit12 ment to fighting such infectious diseases; and

13 ‘‘(D) other factors determined appropriate

14 by the Secretary of State and the Secretary of

15 Health and Human Services;

16 ‘‘(6) assist in the design of flexible, large scale,

17 national programs (where feasible) that are—

18 ‘‘(A) specific to each of the foreign coun19 tries that receive assistance under this title; and

20 ‘‘(B) based on an examination of the con21 tribution of other organizations in the response,

22 including existing and ongoing programs, in

23 such country; and
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1 ‘‘(7) carry out other activities as determined

2 appropriate by the Secretary of State and Secretary

3 of Health and Human Services.

4 ‘‘(b) DATABASE.—In carrying out the purpose of this

5 title, the Secretary of State, in consultation with the Sec6 retary of Health and Human Services, shall establish and

7 maintain a database that—

8 ‘‘(1) contains contact information for all Fed9 eral Government employees who are working over10 seas under the authority of this title or for the pur11 pose of addressing HIV/AIDS, tuberculosis, or ma12 laria;

13 ‘‘(2) includes information on all projects under14 taken by Federal Government employees or through

15 grants provided by, or in cooperation with, the Fed16 eral government, with respect to HIV/AIDS, tuber17 culosis, and malaria;

18 ‘‘(3) is updated on a continuing basis;

19 ‘‘(4) incorporates any additional information,

20 and may be used for any additional purpose, as de21 termined appropriate by the Secretary of State or

22 the Secretary of Health and Human Services, in

23 order to maintain accountability and awareness of

24 Federal Government activity under this title; and
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1 ‘‘(5) ensures that information in the database is

2 made available to advise the Department of Treas3 ury in carrying out its duties under this title.

4 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this title

5 shall be construed to prevent the Secretary of State or

6 the Secretary of Health and Human Services from con7 tinuing or expanding existing initiatives as determined ap8 propriate by the respective Secretary.

9 ‘‘SEC. 2812. OTHER GENERAL AUTHORITIES OF THE DE10 PARTMENT OF HEALTH AND HUMAN SERV11 ICES.

12 ‘‘(a) RELATION TO OTHER FEDERAL ACTIVITIES.—

13 The Secretary of Health and Human Services, in consulta14 tion with the Secretary of State, shall prescribe appro15 priate procedures to ensure the coordination of activities

16 under this subtitle with other activities of the United

17 States Government in each foreign country, under the

18 leadership of the chief of the United States diplomatic

19 mission.

20 ‘‘(b) GENERAL AUTHORITY OF THE SECRETARY OF

21 HEALTH AND HUMAN SERVICES.—The Secretary of

22 Health and Human Services is authorized to design and

23 implement the Paul Coverdell Health Care Corps under

24 subtitle C.
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1 ‘‘(c) CENTERS FOR DISEASE CONTROL AND PREVEN2 TION.—In carrying out the purposes of this title, the Di3 rector of the Centers for Disease Control and Prevention,

4 after receiving approval from the Secretary of Health and

5 Human Services, may provide assistance relating to—

6 ‘‘(1) primary prevention services targeting HIV/

7 AIDS, tuberculosis, and malaria through—

8 ‘‘(A) activities to prevent sexually trans9 mitted infections, including voluntary coun10 seling and testing;

11 ‘‘(B) the provision of care, treatment, and

12 patient management services for sexually trans13 mitted infections and sexually transmitted in14 fection management services;

15 ‘‘(C) the development and implementation

16 of behavioral interventions for youth and other

17 vulnerable groups;

18 ‘‘(D) the promotion and development of

19 public-private partnerships;

20 ‘‘(E) the implementation of programs to

21 reduce mother to child HIV/AIDS transmission;

22 ‘‘(F) the provision of vector-borne disease

23 control programs; and

24 ‘‘(G) the provision of services to limit expo25 sure to pathogens;
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1 ‘‘(2) the development of surveillance systems

2 and infrastructure with respect to HIV/AIDS, tuber3 culosis, and malaria by—

4 ‘‘(A) providing HIV/AIDS, sexually trans5 mitted infections, tuberculosis, and malaria sur6 veillance;

7 ‘‘(B) providing laboratory support;

8 ‘‘(C) monitoring and evaluating programs

9 and policies;

10 ‘‘(D) providing assistance with training

11 and information management; and

12 ‘‘(E) sharing effective practices for pre13 venting the spread of such infectious diseases;

14 and

15 ‘‘(3) care and support for those affected by (but

16 not infected with) HIV/AIDS, tuberculosis, and ma17 laria; and

18 ‘‘(4) other activities determined to be appro19 priate by the Secretary.

20 ‘‘(d) HEALTH RESOURCES AND SERVICES ADMINIS21 TRATION.—In carrying out the purposes of this title, the

22 Administrator of the Health Resources and Services Ad23 ministration may—

24 ‘‘(1) provide appropriate services to assist for25 eign countries or areas in developing their own pub-
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1 lic health infrastructure and in training health care

2 providers to address HIV/AIDS, tuberculosis, or ma3 laria;

4 ‘‘(2) provide care, support, and treatment serv5 ices with respect to HIV/AIDS, tuberculosis, and

6 malaria by providing—

7 ‘‘(A) tuberculosis and malaria prevention

8 and care services;

9 ‘‘(B) care and treatment services for op10 portunistic infections related to HIV/AIDS in11 fection; and

12 ‘‘(C) palliative and hospice HIV/AIDS

13 care; and

14 ‘‘(3) carry out other activities determined to be

15 appropriate by the Secretary of Health and Human

16 Services.

17 ‘‘(e) AGENCY FOR HEALTHCARE RESEARCH AND

18 QUALITY.—

19 ‘‘(1) STUDY.—The Director of the Agency for

20 Healthcare Research and Quality after receiving ap21 proval from the Secretary of Health and Human

22 Services, in consultation with appropriate entities,

23 may conduct an ongoing study, using methods ap24 propriate to the analysis of HIV infection in devel25 oping countries, to determine—
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1 ‘‘(A) the impact of expenditures for treat2 ments of HIV/AIDS, tuberculosis, and malaria

3 by foreign countries that receive assistance

4 under this title; and

5 ‘‘(B) other information determined appro6 priate by the Secretary of Health and Human

7 Services.

8 ‘‘(2) REPORT.—The Director of the Agency for

9 Healthcare Research and Quality may prepare and

10 submit to the appropriate committees of Congress a

11 report that contains the results of the study con12 ducted under paragraph (1).

13 ‘‘(f) NATIONAL INSTITUTES OF HEALTH.—In car14 rying out the purposes of this title, the Director of the

15 National Institutes of Health, after receiving approval

16 from the Secretary of Health and Human Services, may—

17 ‘‘(1) promote and expand primary prevention

18 efforts with respect to HIV/AIDS, tuberculosis, and

19 malaria by investing in vaccine and microbicide re20 search; and

21 ‘‘(2) carry out other activities determined ap22 propriate by the Secretary of Health and Human

23 Services.

24 ‘‘(g) FOOD AND DRUG ADMINISTRATION.—In car25 rying out the purposes of this title, the Commissioner of
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1 Food and Drugs, after receiving approval from the Sec2 retary of Health and Human Services, may—

3 ‘‘(1) promote and expand primary prevention

4 through blood safety and diagnostic testing capabili5 ties; and

6 ‘‘(2) carry out other activities as determined

7 appropriate by the Secretary of Health and Human

8 Services.

9 ‘‘Subtitle B—General Authorities of

10 the Departments of Defense and

11 Labor

12 ‘‘SEC. 2821. GENERAL AUTHORITY OF THE SECRETARY OF

13 DEFENSE.

14 ‘‘(a) IN GENERAL.—In order to combat the spread

15 of HIV/AIDS within the armed services of foreign coun16 tries, the Secretary of Defense, in coordination with the

17 Secretary of State and the Secretary of Health and

18 Human Services, may—

19 ‘‘(1) establish and maintain effective partner20 ships with the armed services of foreign countries in

21 order to assist such countries in—

22 ‘‘(A) establishing HIV/AIDS specific poli23 cies;

24 ‘‘(B) adopting and providing HIV preven25 tion programs;
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1 ‘‘(C) training military personnel to imple2 ment, maintain, and evaluate HIV/AIDS pro3 grams;

4 ‘‘(D) providing information and training to

5 address high-risk HIV attitudes and behaviors

6 among military personnel; and

7 ‘‘(E) integrating and using other Federal

8 Government, allied nation, and United Nations

9 programs;

10 ‘‘(2) determine the foreign countries that

11 should receive assistance under this section based on

12 factors such as—

13 ‘‘(A) the magnitude of the existing disease

14 burden of HIV/AIDS, tuberculosis, or malaria

15 or the potential for increased infections, in such

16 country;

17 ‘‘(B) the anticipated receptiveness of the

18 country to the receipt of assistance under this

19 subtitle;

20 ‘‘(C) the history of each country’s commit21 ment to fighting such infectious diseases; and

22 ‘‘(D) other factors determined appropriate

23 by the Secretary of Defense; and

24 ‘‘(3) carry out other activities as determined

25 appropriate by the Secretary of Defense.
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1 ‘‘(b) RELATION TO OTHER FEDERAL ACTIVITIES.—

2 The Secretary of Defense, in consultation with the Sec3 retary of State, shall prescribe appropriate procedures to

4 ensure the coordination of activities under this section

5 with other activities of the United States Government in

6 each foreign country.

7 ‘‘SEC. 2822. GENERAL AUTHORITY OF THE SECRETARY OF

8 LABOR.

9 ‘‘(a) IN GENERAL.—In carrying out the purposes of

10 this title, the Secretary of Labor, in coordination with the

11 Secretary of State and the Secretary of Health and

12 Human Services, may—

13 ‘‘(1) implement workplace HIV/AIDS preven14 tion and education programs that are targeted at—

15 ‘‘(A) the urbanized, formal sector work16 force;

17 ‘‘(B) the reduction of transmission among

18 workers and their families through the maxi19 mization of the dissemination of accurate infor20 mation about HIV/AIDS and prevention meth21 odologies, with a focus on the issue of behav22 ioral responsibility;

23 ‘‘(C) the reduction of ignorance, fear, and

24 discrimination in the workplace; and
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1 ‘‘(D) the creation of supportive workplace

2 environments for those individuals living with

3 HIV/AIDS;

4 ‘‘(2) carry out activities to strengthen collabora5 tion among governments, business, and labor leaders

6 to respond to the HIV/AIDS pandemic;

7 ‘‘(3) determine the foreign countries that

8 should receive assistance under this section based on

9 factors such as—

10 ‘‘(A) the magnitude of the existing disease

11 burden of HIV/AIDS, tuberculosis, or malaria

12 or the potential for increased infections, in such

13 country;

14 ‘‘(B) the anticipated receptiveness of a

15 country to the receipt of assistance under this

16 subtitle;

17 ‘‘(C) the history of each country’s commit18 ment to fighting such infectious diseases; and

19 ‘‘(D) other factors determined appropriate

20 by the Secretary of Labor; and

21 ‘‘(4) carry out other activities as determined

22 appropriate by the Secretary of Labor.

23 ‘‘(b) RELATION TO OTHER FEDERAL ACTIVITIES.—

24 The Secretary of Labor, in consultation with the Secretary

25 of State, shall prescribe appropriate procedures to ensure
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1 the coordination of activities under this section with other

2 activities of the United States Government in each foreign

3 country, under the leadership of the chief of the United

4 States diplomatic mission.

5 ‘‘Subtitle C—Paul Coverdell Health

6 Care Corps

7 ‘‘SEC. 2831. DEFINITIONS.

8 ‘‘In this subtitle:

9 ‘‘(1) APPROPRIATE SERVICES.—The term ‘ap10 propriate services’ means services that an eligible

11 participant may provide at an appropriate site,

12 including—

13 ‘‘(A) health care educational training for

14 individuals living within the foreign country or

15 area served by the participant;

16 ‘‘(B) basic health care services for those

17 affected or infected by HIV/AIDS, tuberculosis,

18 or malaria and living within the foreign country

19 or area receiving assistance under this title (as

20 provided for under section 2811(a)(2)); and

21 ‘‘(C) other services determined to be ap22 propriate by the Secretary.

23 ‘‘(2) APPROPRIATE SITE.—The term ‘appro24 priate site’ means a location—

25 ‘‘(A) that is administered by—
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1 ‘‘(i) the Federal Government;

2 ‘‘(ii) a non-governmental organization

3 (faith-based or secular);

4 ‘‘(iii) a university;

5 ‘‘(iv) a community-based organization;

6 ‘‘(v) a foreign government; or

7 ‘‘(vi) a multilateral entity; or

8 ‘‘(B) that is determined by the Secretary

9 of Health and Human Services to be in need of

10 trained health care professionals.

11 ‘‘(3) CORPS.—The term ‘Corps’ means the Paul

12 Coverdell Health Care Corps established under this

13 subtitle.

14 ‘‘(4) ELIGIBLE PARTICIPANT.—The term ‘eligi15 ble participant’ means—

16 ‘‘(A) a citizen or national of the United

17 States who is a trained health care professional

18 and who meets the educational and licensure re19 quirements necessary to be such a professional,

20 such as a physician, nurse, nurse practitioner,

21 physician assistant, laboratory technician, phar22 macist, or other individual determined to be ap23 propriate by the Secretary; and

24 ‘‘(B) an individual who has not been a

25 Federal employee for the 12-month period prior
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1 to the enrollment of such individual in the

2 Corps under section 2833.

3 ‘‘(5) PARTICIPANT.—The term ‘participant’

4 means an eligible participant who is enrolled in the

5 Corps under section 2833(b)(1).

6 ‘‘(6) PERIOD OF SERVICE.—The term ‘period of

7 service’ means a period of not more than 24 con8 secutive months in any 5-year period, during which

9 an eligible participant is participating in the Paul

10 Coverdell Health Care Corps. A participant may, at

11 the discretion of the Secretary, apply for an exten12 sion of the period of service for up to 6 months, but

13 in no case shall the period of service exceed 30

14 months in any 66-month period. The period of serv15 ice shall not include any period in which a partici16 pant is receiving training under section 2834(a).

17 ‘‘SEC. 2832. PURPOSE.

18 ‘‘It is the purpose of this subtitle to establish the

19 Paul Coverdell Health Care Corps and to permit the Sec20 retary to make available to foreign countries determined

21 to be eligible under section 2811(a)(2) men and women

22 of the United States eligible for service abroad and willing

23 to serve, under conditions of hardship if necessary, for an

24 appropriate period of service as defined in section

25 2831(5), to help the peoples of such countries and areas
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1 in meeting their needs for trained health care profes2 sionals to care for those infected and affected by HIV/

3 AIDS, tuberculosis, or malaria, particularly in meeting the

4 basic health care needs of those living in the poorest areas

5 of such countries.

6 ‘‘SEC. 2833. ESTABLISHMENT AND ENROLLMENT.

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab8 lish the Paul Coverdell Health Care Corps to carry out

9 the purpose of section 2832.

10 ‘‘(b) ENROLLMENT.—

11 ‘‘(1) IN GENERAL.—The Secretary may enroll

12 eligible participants in the Corps for service abroad.

13 ‘‘(2) TERMS AND CONDITIONS.—With respect

14 to the enrollment of an eligible participant in the

15 Corps under paragraph (1), the terms and condi16 tions of the enrollment, training, compensation,

17 hours of work, benefits, leave, termination, and all

18 other terms and conditions of the service of such

19 participant shall be exclusively those set forth in this

20 subtitle and those consistent therewith which the

21 Secretary may prescribe.

22 ‘‘(3) OATH.—Upon enrollment in the Corps,

23 every participant shall take the oath prescribed for

24 persons appointed to any office of honor or profit by

25 section 3331 of title 5, United States Code.
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1 ‘‘(4) NOT OFFICER OR EMPLOYEE.—Except as

2 otherwise provided for in this subtitle, a participant

3 shall not be deemed an officer or employee, or other4 wise in the service or employment of, or holding of5 fice under, the United States for any purpose.

6 ‘‘(c) TERMINATION.—The service of a participant

7 may be terminated at any time at the pleasure of the Sec8 retary.

9 ‘‘SEC. 2834. TRAINING, ALLOWANCES, BENEFITS, AND

10 OTHER PROVISIONS.

11 ‘‘(a) APPROPRIATE TRAINING PROGRAMS.—The Sec12 retary shall make available appropriate training programs

13 for participants enrolled under section 2833(b) to assist

14 such participants in performing the duties of their service.

15 ‘‘(b) LIVING ALLOWANCES, TRAVEL, LEAVE, AND

16 RELATED ITEMS.—

17 ‘‘(1) IN GENERAL.—A participant shall be pro18 vided with such living, travel, and leave allowances,

19 and such housing, transportation, supplies, equip20 ment, subsistence, and clothing as the Secretary

21 may determine to be necessary for his or her mainte22 nance and to ensure his or her health and capacity

23 to serve effectively.

24 ‘‘(2) SUPPLIES OR EQUIPMENT.—Supplies or

25 equipment provided to a participant to ensure his or
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1 her capacity to serve effectively may be transferred

2 to the government or to other entities of the foreign

3 country or area with which he or she has been serv4 ing, when no longer necessary for such purpose, and

5 when such transfers would further the purposes of

6 this subtitle.

7 ‘‘(3) TRANSPORTATION AND TRAVEL.—Trans8 portation and travel allowances may be provided in

9 such circumstances as the Secretary may determine,

10 for eligible participants who apply for enrollment, to

11 or from places of training and places of enrollment,

12 and for former participants from places of termi13 nation to their homes in the United States.

14 ‘‘(c) READJUSTMENT ALLOWANCES.—

15 ‘‘(1) IN GENERAL.—A participant shall be enti16 tled to receive a readjustment allowance at a rate

17 not less than $225 for each month of satisfactory

18 service in the Corps as determined by the Secretary.

19 ‘‘(2) TIME PAYABLE.—The readjustment allow20 ance of each participant shall be payable on his or

21 her return to the United States, except that under

22 such circumstances as the Secretary may determine,

23 the accrued readjustment allowance, or any part

24 thereof, may be paid to the participant, members of

25 his or her family or others, during the period of his
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1 or her service, or prior to his or her return to the

2 United States.

3 ‘‘(3) DEATH OF PARTICIPANT.—In the event of

4 the death of a participant during the period of his

5 or her service, the amount of any unpaid readjust6 ment allowance under this subsection shall be paid

7 in accordance with the provisions of section 5582(b)

8 of title 5, United States Code.

9 ‘‘(4) INTERNAL REVENUE CODE.—For purposes

10 of the Internal Revenue Code of 1986, a participant

11 shall be deemed to be paid and to receive each

12 amount of a readjustment allowance to which he or

13 she is entitled.

14 ‘‘(d) HEALTH CARE.—

15 ‘‘(1) IN GENERAL.—A participant shall receive

16 such health care during his or her service, an eligible

17 participant applying for enrollment under section

18 2833(b)(1) shall receive such health examinations

19 preparatory to his or her service, an applicant for

20 enrollment who has accepted an invitation to begin

21 a period of training under subsection (a) shall re22 ceive such immunization and dental care preparatory

23 to his or her service, and a former participant shall

24 receive such health examinations within six months
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1 after termination of his or her service, as the Sec2 retary may deem necessary or appropriate.

3 ‘‘(2) FACILITIES.—Subject to such conditions

4 as the Secretary may prescribe, the health care de5 scribed in paragraph (1) may be provided in any fa6 cility of any agency of the United States Govern7 ment, and in such cases the appropriation for main8 taining and operating such facility shall be reim9 bursed from appropriations available under this title.

10 ‘‘(3) LIMITATION.—Health care may not be

11 provided under this subsection in a manner incon12 sistent with the Assisted Suicide Funding Restric13 tion Act of 1997 (42 U.S.C. 14401 et seq.).

14 ‘‘(e) RETIREMENT AND OTHER CREDITS.—

15 ‘‘(1) IN GENERAL.—Any period of satisfactory

16 service of a participant under this subtitle shall be

17 credited in connection with subsequent employment

18 in the same manner as a like period of civilian em19 ployment by the United States Government—

20 ‘‘(A) for the purposes of section 816(a) of

21 the Foreign Service Act of 1980 (22 U.S.C.

22 4056(a)) and every other Act establishing a re23 tirement system for civilian employees of any

24 United States Government agency; and
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1 ‘‘(B) except as otherwise determined by

2 the Secretary, for the purposes of determining

3 seniority, reduction in force, and layoff rights,

4 leave entitlement, and other rights and privi5 leges based upon length of service under the

6 laws administered by the Office of Personnel

7 Management, the Foreign Service Act of 1980

8 (22 U.S.C. 3901 et seq.), and every other Act

9 establishing or governing terms and conditions

10 of service of civilian employees of the United

11 States Government, except that service of a

12 participant shall not be credited toward comple13 tion of any probationary or trial period or com14 pletion of any service requirement for career ap15 pointment.

16 ‘‘(2) RATE FOR CERTAIN PARTICIPANTS.—For

17 the purposes of paragraph (1)(A), participants shall

18 be deemed to be receiving compensation during their

19 service at the respective rates of readjustment allow20 ances payable under subsection (c)(1).

21 ‘‘(f) ALLOWANCES AND EXPENSES OF MINOR CHIL22 DREN.—The minor children of a participant who are living

23 with the participant may receive—

24 ‘‘(1) such living, travel, education, and leave al25 lowances, such housing, transportation, subsistence,
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1 and essential special items of clothing as the Sec2 retary determines to be appropriate;

3 ‘‘(2) such health care, including health care fol4 lowing the participant’s service for illness or injury

5 incurred during such service, and health and acci6 dent insurance, as the Secretary may determine and

7 upon such terms as the Secretary may determine,

8 including health care in any facility referred to in

9 subsection (d)(2), subject to such conditions as the

10 Secretary may prescribe and subject to reimburse11 ment of appropriations as provided for in such sub12 section (d);

13 ‘‘(3) such orientation, language, and other

14 training necessary to accomplish the purposes of this

15 subtitle as the Secretary may determine; and

16 ‘‘(4) the benefits of subsection (i) on the same

17 basis as a participant.

18 ‘‘(g) MOVING EXPENSES.—The costs of packing and

19 unpacking, transportation to and from a place of storage,

20 and storing the furniture and household and personal ef21 fects of a participant and family (as applicable) at the

22 time of his or her entering a period of pre-enrollment

23 training may be paid from the date of his or her departure

24 from his or her place of residence to enter training until
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1 not later than 3 months after termination of his or her

2 service.

3 ‘‘(h) TORT CLAIMS; ABSENTEE VOTING; CONTRIBU4 TIONS FOR TRANSPORTATION OF BAGGAGE; CHECK

5 CASHING AND CURRENCY EXCHANGE; CLAIMS FOR OVER6 PAYMENT; PASSPORT FEES.—A participant shall be

7 deemed to be an employee of the United States Govern8 ment for the purposes of the Federal Tort Claims Act and

9 any other Federal tort liability statute, section 3342 of

10 title 31, United States Code, section 5732 and section

11 5584 of title 5, United States Code (and readjustment al12 lowances paid under this Act shall be considered as pay

13 for purposes of such section and section 1 of the Act of

14 June 4, 1920 (22 U.S.C. 214)).

15 ‘‘(i) LEGAL EXPENSES.—Notwithstanding any other

16 provision of law, counsel may be employed and counsel

17 fees, court costs, bail, and other expenses incident to the

18 defense of a participant may be paid in foreign judicial

19 or administrative proceedings to which a participant has

20 been made a party.

21 ‘‘(j) COUNSELING PROGRAMS FOR RETURNING PAR22 TICIPANTS.—In order to ensure that the skills and experi23 ence which former participants have derived from their

24 training and their service abroad are best utilized in the

25 national interest, the Secretary may, in cooperation with
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1 agencies of the United States, private employers, edu2 cational institutions and other entities of the United

3 States, undertake programs under which participants

4 would be counseled with respect to opportunities for fur5 ther education and employment.

6 ‘‘SEC. 2835. RELATION TO OTHER FEDERAL ACTIVITIES.

7 The Secretary of Health and Human Services, in con8 sultation with the Secretary of State, shall prescribe ap9 propriate procedures to ensure the coordination of Corps

10 activities with other activities of the United States Govern11 ment in each foreign country, under the leadership of the

12 chief of the United States diplomatic mission.

13 ‘‘Subtitle D—Miscellaneous

14 Provisions

15 ‘‘SEC. 2841. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There is authorized to be appropriated—

17 ‘‘(1) $550,000,000 for fiscal year 2002, and

18 such sums as may be necessary for each of fiscal

19 years 2003 through 2006, to enable the Secretary of

20 State to carry out this title;

21 ‘‘(2) $250,000,000 for fiscal year 2002, and

22 such sums as may be necessary for each of fiscal

23 years 2003 through 2006, to enable the Secretary of

24 Health and Human Services to carry out this title;
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1 ‘‘(3) $20,000,000 for fiscal year 2002, and such

2 sums as may be necessary for each of fiscal years

3 2003 through 2006, to enable the Secretary of

4 Labor to carry out this title; and

5 ‘‘(4) $30,000,000 for fiscal year 2002, and such

6 sums as may be necessary for each of fiscal years

7 2003 through 2006, to enable the Secretary of De8 fense to carry out this title.’’.

9 SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF

10 1961.

11 Section 234 of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2194) is amended by adding at the end the

13 following:

14 ‘‘(h) PILOT HEALTH CARE DELIVERY INFRASTRUC15 TURE DEVELOPMENT PROGRAM.—

16 ‘‘(1) AUTHORITY FOR PILOT PROGRAM.—In

17 order to study the feasibility and desirability of a

18 program to assist countries with a high disease bur19 den of HIV/AIDS, tuberculosis, or malaria to re20 spond to this disease burden by developing a health

21 care delivery infrastructure, the Corporation is au22 thorized to establish a 5-year pilot program under

23 which the Corporation may issue investment insur24 ance or investment guaranties, provide for direct in25 vestment or investment encouragement, or carry out
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1 special projects and programs for eligible investors

2 to assist such countries in the development of the

3 health care delivery infrastructure.

4 ‘‘(2) PROJECT LIMITATIONS.—

5 ‘‘(A) IN GENERAL.—Assistance under the

6 demonstration program under paragraph (1)

7 shall be limited to those areas that are receiving

8 assistance from the Department of State or the

9 Department of Health and Human Services for

10 HIV/AIDS, tuberculosis, or malaria programs.

11 ‘‘(B) ADDITIONAL CRITERIA.—In making

12 determinations of eligibility under this sub13 section, the Corporation shall give preferential

14 consideration to projects sponsored by or sig15 nificantly involving United States small busi16 nesses or cooperatives.

17 ‘‘(3) IMPLEMENTATION.—To the extent pro18 vided for in advance in appropriations Acts, the Cor19 poration is authorized to create such legal mecha20 nisms as may be necessary for the implementation of

21 its authorities under this subsection. Such legal

22 mechanisms may be deemed non-Federal borrowers

23 for purposes of the Federal Credit Reform Act of

24 1990 (2 U.S.C. 661 et seq.).
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1 ‘‘(4) REPORT TO CONGRESS.—The Corporation

2 shall annually prepare and submit to the Committee

3 on Foreign Affairs and the Committee on Commerce

4 of the House of Representatives and the Committee

5 on Foreign Relations and the Committee on Health,

6 Education, Labor, and Pensions of the Senate a re7 port concerning the implementation of the program

8 under this subsection and the health care delivery

9 infrastructure developed under such program.’’.

10 SEC. 4. RULE OF CONSTRUCTION.

11 Nothing in this Act, or an amendment made by this

12 Act, shall be construed to—

13 (1) prevent the Secretary of State, the Sec14 retary of Health and Human Services, the Secretary

15 of Labor, the Secretary of Defense, or the Secretary

16 of the Treasury from continuing or expanding exist17 ing initiatives as determined to be appropriate by

18 the respective Secretary;

19 (2) infringe upon the powers or functions of the

20 Secretary of State;

21 (3) infringe upon the powers or functions of the

22 Secretary of Health and Human Services;

23 (4) infringe upon the powers or functions of the

24 Secretary of Labor;
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1 (5) infringe upon the powers or functions of the

2 Secretary of Defense; or

3 (6) infringe upon the powers or functions of the

4 Secretary of the Treasury.

Æ