II 

109TH CONGRESS 

1ST SESSION S. 950 

To provide assistance to combat tuberculosis, malaria, and other infectious 

diseases, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mr. BROWNBACK (for himself, Ms. LANDRIEU, and Mr. INHOFE) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

A BILL 

To provide assistance to combat tuberculosis, malaria, and 

other infectious diseases, and for other purposes. 

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 ‘‘Elimination of Ne5 glected Diseases Act of 2005’’ or as the ‘‘END Act of 

6 2005’’. 
2 

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1 SEC. 2. ENHANCED COORDINATION AND STRATEGIC PLAN2 NING. 

3 (a) MALARIA AND TB RESPONSE COORDINATORS.— 

4 Section 1 of the State Department Basic Authorities Act 

5 of 1956 (22 U.S.C. 2651a) is amended— 

6 (1) by redesignating subsection (g) as sub7 section (i); and 

8 (2) by inserting after subsection (f) the fol9 lowing new subsections: 

10 ‘‘(g) MALARIA RESPONSE COORDINATOR.— 

11 ‘‘(1) IN GENERAL.—There shall be established 

12 within the Department of State a Coordinator of 

13 United States Government Activities to Combat Ma14 laria Globally, who shall be appointed by the Presi15 dent (in this subsection referred to as the ‘Coordi16 nator’). 

17 ‘‘(2) AUTHORITIES AND DUTIES; DEFINITION.— 

18 ‘‘(A) AUTHORITIES.—The Coordinator, 

19 acting through such nongovernmental organiza20 tions (including faith-based and community21 based organizations) and relevant executive 

22 branch agencies as may be necessary and ap23 propriate to effect the purposes of this section, 

24 is authorized— 

25 ‘‘(i) to operate internationally to carry 

26 out prevention, care, treatment, support, 
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1 capacity development, and other activities 

2 for combatting malaria; 

3 ‘‘(ii) to transfer and allocate funds for 

4 combatting malaria to relevant executive 

5 branch agencies in accordance with the 

6 strategy developed under section 2(b) of 

7 the END Act of 2005; and 

8 ‘‘(iii) to provide grants to, and enter 

9 into contracts with, nongovernmental orga10 nizations (including faith-based and com11 munity-based organizations) for activities 

12 to combat malaria. 

13 ‘‘(B) DUTIES.— 

14 ‘‘(i) IN GENERAL.—The Coordinator 

15 shall have primary responsibility for the 

16 oversight and coordination of all resources 

17 and international activities of the United 

18 States Government to combat malaria, in19 cluding all programs, projects, and activi20 ties of the United States Government re21 lated to malaria under the United States 

22 Leadership Against HIV/AIDS, Tuber23 culosis, and Malaria Act of 2003 (22 

24 U.S.C. 7601 et seq.) or any amendment 

25 made by that Act. 
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1 ‘‘(ii) SPECIFIC DUTIES.—The duties 

2 of the Coordinator shall specifically include 

3 the following: 

4 ‘‘(I) Ensuring program and pol5 icy coordination related to malaria 

6 among the relevant executive branch 

7 agencies and nongovernmental organi8 zations, including auditing, moni9 toring, and evaluation of all such pro10 grams. 

11 ‘‘(II) Ensuring that each relevant 

12 executive branch agency undertakes 

13 programs primarily in those areas 

14 where the agency has the greatest ex15 pertise, technical capabilities, and po16 tential for success in combatting ma17 laria. 

18 ‘‘(III) Avoiding duplication of ef19 forts to combat malaria. 

20 ‘‘(IV) Ensuring coordination of 

21 relevant executive branch agency ac22 tivities in the field to combat malaria. 

23 ‘‘(V) Pursuing coordination with 

24 other countries and international or25 ganizations to combat malaria. 
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1 ‘‘(VI) Resolving policy, program, 

2 and funding disputes among the rel3 evant executive branch agencies re4 lated to activities to combat malaria. 

5 ‘‘(VII) Directly approving all ac6 tivities of the United States, including 

7 the provision of funding, related to 

8 combatting malaria. 

9 ‘‘(VIII) Administering the Ma10 laria Scientific Review Board estab11 lished in subsection (g) of section 

12 104C of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2151b–4). 

14 ‘‘(IX) Establishing due diligence 

15 criteria for all recipients of funds for 

16 malaria activities subject to the co17 ordination and appropriate moni18 toring, evaluation, and audits carried 

19 out by the Coordinator necessary to 

20 assess the measurable outcomes of 

21 such activities. 

22 ‘‘(X) Coordinating with the 

23 World Health Organization, the Glob24 al Fund to Fight AIDS, Tuberculosis 

25 and Malaria, the Department of 
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1 Health and Human Services (the Cen2 ters for Disease Control and Preven3 tion and the National Institutes of 

4 Health), and other organizations with 

5 respect to the development and imple6 mentation of a comprehensive malaria 

7 control program. 

8 ‘‘(C) RELEVANT EXECUTIVE BRANCH

9 AGENCIES DEFINED.—In this paragraph, the 

10 term ‘relevant executive branch agencies’ means 

11 the Department of State, the United States 

12 Agency for International Development, the De13 partment of Health and Human Services (in14 cluding the Public Health Service), and any 

15 other department or agency of the United 

16 States that participates in international malaria 

17 activities pursuant to the authorities of such de18 partment or agency or this Act. 

19 ‘‘(h) TB RESPONSE COORDINATOR.— 

20 ‘‘(1) IN GENERAL.—There shall be established 

21 within the Department of State a Coordinator of 

22 United States Government Activities to Combat Tu23 berculosis Globally, who shall be appointed by the 

24 President (in this subsection referred to as the ‘Co25 ordinator’). 
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1 ‘‘(2) AUTHORITIES AND DUTIES; DEFINITION.— 

2 ‘‘(A) AUTHORITIES.—The Coordinator, 

3 acting through such nongovernmental organiza4 tions (including faith-based and community5 based organizations) and relevant executive 

6 branch agencies as may be necessary and ap7 propriate to effect the purposes of this section, 

8 is authorized— 

9 ‘‘(i) to operate internationally to carry 

10 out prevention, care, treatment, support, 

11 capacity development, and other activities 

12 for combatting tuberculosis; 

13 ‘‘(ii) to transfer and allocate funds for 

14 combatting tuberculosis to relevant execu15 tive branch agencies in accordance with the 

16 strategy developed under section 2(c) of 

17 the END Act of 2005; and 

18 ‘‘(iii) to provide grants to, and enter 

19 into contracts with, nongovernmental orga20 nizations (including faith-based and com21 munity-based organizations) to carry out 

22 activities to combat tuberculosis. 

23 ‘‘(B) DUTIES.— 

24 ‘‘(i) IN GENERAL.—The Coordinator 

25 shall have primary responsibility for the 
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1 oversight and coordination of all resources 

2 and international activities of the United 

3 States Government to combat tuberculosis, 

4 including all programs, projects, and ac5 tivities of the United States Government 

6 related to tuberculosis under the United 

7 States Leadership Against HIV/AIDS, Tu8 berculosis, and Malaria Act of 2003 (22 

9 U.S.C. 7601 et seq.) or any amendment 

10 made by that Act. 

11 ‘‘(ii) SPECIFIC DUTIES.—The duties 

12 of the Coordinator shall specifically include 

13 the following: 

14 ‘‘(I) Ensuring program and pol15 icy coordination related to tuber16 culosis among the relevant executive 

17 branch agencies and nongovernmental 

18 organizations, including auditing, 

19 monitoring, and evaluation of all such 

20 programs. 

21 ‘‘(II) Ensuring that each relevant 

22 executive branch agency undertakes 

23 programs primarily in those areas 

24 where the agency has the greatest ex25 pertise, technical capabilities, and po-
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1 tential for success in combatting tu2 berculosis. 

3 ‘‘(III) Avoiding duplication of ef4 forts to combat tuberculosis. 

5 ‘‘(IV) Ensuring coordination of 

6 relevant executive branch agency ac7 tivities in the field to combat tuber8 culosis. 

9 ‘‘(V) Pursuing coordination with 

10 other countries and international or11 ganizations to combat tuberculosis. 

12 ‘‘(VI) Resolving policy, program, 

13 and funding disputes among the rel14 evant executive branch agencies re15 lated to activities to combat tuber16 culosis. 

17 ‘‘(VII) Directly approving all ac18 tivities of the United States, including 

19 the provision of funding, related to 

20 combatting tuberculosis. 

21 ‘‘(VIII) Establishing due dili22 gence criteria for all recipients of 

23 funds for tuberculosis activities sub24 ject to the coordination and appro25 priate monitoring, evaluation, and au-
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1 dits carried out by the Coordinator 

2 necessary to assess the measurable 

3 outcomes of such activities. 

4 ‘‘(C) RELEVANT EXECUTIVE BRANCH

5 AGENCIES DEFINED.—In this paragraph, the 

6 term ‘relevant executive branch agencies’ means 

7 the Department of State, the United States 

8 Agency for International Development, the De9 partment of Health and Human Services (in10 cluding the Public Health Service), and any 

11 other department or agency of the United 

12 States that participates in international tuber13 culosis activities pursuant to the authorities of 

14 such department or agency or this Act. 

15 ‘‘(3) AUTHORITY TO SERVE IN MULTIPLE CA16 PACITIES.—An individual may serve as the Coordi17 nator of United States Government Activities to 

18 Combat HIV/AIDS Globally, the Coordinator of 

19 United States Government Activities to Combat Ma20 laria Globally, and the Coordinator of United States 

21 Government Activities to Combat Tuberculosis Glob22 ally.’’. 

23 (b) STRATEGY FOR MALARIA.— 

24 (1) REQUIREMENT.—Not later than 6 months 

25 after the date of enactment of this Act, the Sec-
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1 retary of State and the Secretary of Health and 

2 Human Services shall develop a comprehensive, inte3 grated, five-year strategy to set priorities for the use 

4 of United States assistance for programs to combat 

5 malaria in foreign countries. If elements are in6 cluded in or excluded from the strategy that conflict 

7 with recommendations of the Malaria Scientific Re8 view Board, the Secretary of State and the Sec9 retary of Health and Human Services shall provide 

10 a justification to Congress for such inclusion or ex11 clusion. 

12 (2) OBJECTIVE.—The objective of the strategy 

13 required by paragraph (1) shall be to reduce the rate 

14 of infection of malaria in each community in a for15 eign country where the United States provides as16 sistance to combat malaria. 

17 (3) ELEMENTS.—The strategy required by 

18 paragraph (1) shall— 

19 (A) assign priorities for the provision of 

20 assistance to combat malaria for each agency or 

21 department of the United States that provides 

22 such assistance that are consistent with the 

23 mission and expertise of such agency or depart24 ment; 
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1 (B) evaluate each program to combat ma2 laria that receives assistance from the United 

3 States to determine if such program is con4 sistent with such priorities and to modify or 

5 terminate any inconsistent program; 

6 (C) identify priority regions and countries 

7 where bilateral efforts will have the greatest im8 pact and best complement multilateral efforts 

9 and bilateral programs of other donors; 

10 (D) describe procedures to employ measur11 able outcome indicators to assess the effective12 ness of a program to combat malaria that re13 ceives assistance from the United States, in14 cluding a program that is intended to build ca15 pacity or provide technical assistance; 

16 (E) propose methods to eliminate duplica17 tion of effort of programs to combat malaria 

18 that receives assistance from the United States; 

19 (F) propose activities to combat malaria to 

20 be assigned to each such agency or department 

21 of the United States based on the clinical and 

22 scientific expertise and technical capability of 

23 such agency or department to carry out such 

24 activities; 
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1 (G) estimate the resources required by 

2 each such agency or department to carry out 

3 the strategy required by paragraph (1), includ4 ing requests for funding to be made for these 

5 purposes by the President to Congress; and 

6 (H) ensure that each such program is co7 ordinated and consistent with the activities of 

8 other donors to combat malaria, including such 

9 activities of the Global Fund to Fight AIDS, 

10 Tuberculosis and Malaria established pursuant 

11 to Article 80 of the Swiss Civil Code. 

12 (4) CONSULTATION.—The Coordinator of 

13 United States Government Activities to Combat Ma14 laria Globally shall consult with the Malaria Sci15 entific Review Board established in subsection (g) of 

16 section 104C of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2151b–4), as added by section 3(b), in 

18 developing the elements for the strategy related to 

19 combatting malaria. 

20 (5) REPORT.—Not later than 180 days after 

21 the date of the enactment of this Act, the Coordi22 nator of United States Government Activities to 

23 Combat Malaria Globally shall submit to Congress a 

24 report setting forth the strategy required by para25 graph (1). 
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1 (c) STRATEGY FOR TUBERCULOSIS.— 

2 (1) REQUIREMENT.—The Coordinator of 

3 United States Government Activities to Combat Tu4 berculosis Globally shall develop a comprehensive, in5 tegrated, five-year strategy to set priorities for the 

6 use of United States assistance for programs to 

7 combat tuberculosis in foreign countries. 

8 (2) OBJECTIVE.—The objective of the strategy 

9 required by paragraph (1) shall be to reduce the rate 

10 of infection of tuberculosis in each community in a 

11 foreign country where the United States provides as12 sistance to combat tuberculosis. 

13 (3) ELEMENTS.—The strategy required by 

14 paragraph (1) shall— 

15 (A) assign priorities for the provision of 

16 assistance to combat tuberculosis for each agen17 cy or department of the United States that pro18 vides such assistance that are consistent with 

19 the mission and expertise of such agency or de20 partment; 

21 (B) evaluate each program to combat tu22 berculosis that receives assistance from the 

23 United States to determine if such program is 

24 consistent with such priorities and to modify or 

25 terminate any inconsistent program; 
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1 (C) identify priority regions and countries 

2 where bilateral efforts will have the greatest im3 pact and best complement multilateral efforts 

4 and bilateral programs of other donors; 

5 (D) describe procedures to employ measur6 able outcome indicators to assess the effective7 ness of a program to combat tuberculosis that 

8 receives assistance from the United States, in9 cluding a program that is intended to build ca10 pacity or provide technical assistance; 

11 (E) propose methods to eliminate duplica12 tion of effort of programs to combat tuber13 culosis that receives assistance from the United 

14 States; 

15 (F) propose activities to combat tuber16 culosis to be assigned to each such agency or 

17 department of the United States based on the 

18 clinical and scientific expertise and technical ca19 pability of such agency or department to carry 

20 out such activities; 

21 (G) estimate the resources required by 

22 each such agency or department to carry out 

23 the strategy required by paragraph (1), includ24 ing requests for funding to be made for these 

25 purposes by the President to Congress; and 
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1 (H) ensure that each such program is co2 ordinated and consistent with the activities of 

3 other donors to combat tuberculosis, including 

4 such activities of the Global Fund to Fight 

5 AIDS, Tuberculosis and Malaria established 

6 pursuant to Article 80 of the Swiss Civil Code. 

7 (4) REPORT.—Not later than 180 days after 

8 the date of the enactment of this Act, the Coordi9 nator of United States Government Activities to 

10 Combat Tuberculosis Globally shall submit to Con11 gress a report setting forth the strategy required by 

12 paragraph (1). 

13 SEC. 3. ASSISTANCE TO COMBAT MALARIA. 

14 (a) AWARD OF ASSISTANCE.—Section 104C of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2151b–4) is 

16 amended by adding at the end the following new sub17 sections: 

18 ‘‘(e) AWARD OF ASSISTANCE.— 

19 ‘‘(1) IN GENERAL.—The President may not 

20 enter into any agreement with a person to procure 

21 assistance to combat malaria except as provided in 

22 this subsection, or as described in the strategy devel23 oped under section 2(b) of the END Act of 2005. 

24 ‘‘(2) DEFINITIONS.—In this subsection: 
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1 ‘‘(A) AGREEMENT.—The term ‘agreement’ 

2 means an agreement to procure assistance to 

3 combat malaria. 

4 ‘‘(B) ASSISTANCE TO COMBAT MALARIA.— 

5 The term ‘assistance to combat malaria’ means 

6 any goods or services related to the treatment 

7 or prevention of malaria authorized to be pro8 vided under subsection (c). 

9 ‘‘(C) ELIGIBLE ENTITY.—The term ‘eligi10 ble entity’ means any person that the President 

11 determines is eligible to enter into an agree12 ment under this section. 

13 ‘‘(D) MALARIA SCIENTIFIC REVIEW

14 BOARD.—The term ‘Malaria Scientific Review 

15 Board’ means the Malaria Scientific Review 

16 Board established under subsection (g). 

17 ‘‘(3) APPLICATION.—An eligible entity seeking 

18 to enter into an agreement shall submit an applica19 tion to the President at such time and in such man20 ner as the President may require. 

21 ‘‘(4) TERM OF AGREEMENT.—The term of an 

22 agreement may not exceed 3 years and each agree23 ment shall provide for the annual evaluation de24 scribed in paragraph (8). 

25 ‘‘(5) REVIEW PANELS.— 
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1 ‘‘(A) AUTHORITY.—The Administrator of 

2 the United States Agency for International De3 velopment is authorized to establish review pan4 els as described in this subparagraph to review 

5 applications for assistance under this section. 

6 ‘‘(B) MEMBERSHIP.—A review panel shall 

7 be composed of individuals selected by the 

8 President after consideration of individuals rec9 ommended by the Malaria Scientific Review 

10 Board. 

11 ‘‘(C) TERM OF SERVICE.—The term of 

12 service for a member of a review panel may not 

13 exceed 1 year. An individual may serve for more 

14 than 1 term but such terms may not occur dur15 ing consecutive years. 

16 ‘‘(D) AVAILABILITY OF INFORMATION.—A 

17 review panel shall make available— 

18 ‘‘(i) to Congress, the transcript of any 

19 meeting of the review panel upon request; 

20 and 

21 ‘‘(ii) to the public, a summary of the 

22 review and scores awarded by the review 

23 panel to each eligible entity who submitted 

24 an application under paragraph (3) upon 

25 request. 
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1 ‘‘(6) SELECTION CRITERIA.— 

2 ‘‘(A) HISTORY AND EXPERIENCE.—During 

3 a fiscal year prior to 2009, the history and ex4 perience of an eligible entity in receiving funds 

5 from the United States Agency for Inter6 national Development and carrying out pro7 grams with such funds may not be considered 

8 in awarding assistance under this section. 

9 ‘‘(B) AVAILABILITY OF INFORMATION.— 

10 An eligible entity may not be awarded assist11 ance under this section unless such entity 

12 agrees to make available to the President for 

13 publication in the Federal Register and on the 

14 Internet the information that the President de15 termines is appropriate. 

16 ‘‘(7) ALLOCATION OF FUNDS.—The President 

17 shall award agreements for a fiscal year in a manner 

18 so that amounts made available to the President for 

19 such agreements are allocated as follows: 

20 ‘‘(A) Fifty percent of such amounts shall 

21 be used to provide commodities used to combat 

22 malaria, including pharmaceuticals, diagnostic 

23 equipment, and pesticides and pesticide applica24 tion equipment for use with indoor residual 

25 spraying, of which— 
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1 ‘‘(i) 55 percent shall be used to pro2 vide commodities associated with indoor re3 sidual spraying; and 

4 ‘‘(ii) not less than 10 percent shall be 

5 used to provide pharmaceuticals. 

6 ‘‘(B) Not more than 10 percent may be 

7 used to carry out technical assistance activities. 

8 ‘‘(C) Not more than 5 percent may be used 

9 by the United States for administration, travel, 

10 or other indirect or overhead costs. 

11 ‘‘(D) Not more than 5 percent may be 

12 used to carry out research, including basic re13 search or operational research or vaccine and 

14 therapeutic research and development. 

15 ‘‘(E) The remaining amounts should be 

16 used to— 

17 ‘‘(i) support distribution of commod18 ities purchased under subparagraph (A); 

19 ‘‘(ii) support the commodity distribu20 tion efforts of the Global Fund to Fight 

21 HIV/AIDS, Tuberculosis and Malaria; 

22 ‘‘(iii) provide rapid response to ma23 laria epidemics that multilateral efforts 

24 may not be able to mobilize to address 

25 quickly; or 
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1 ‘‘(iv) carry out other activities with 

2 measurable impact on morbidity and mor3 tality from malaria. 

4 ‘‘(8) EVALUATION.— 

5 ‘‘(A) INDICATORS.—At the end of each 1- 

6 year period during which an agreement is in ef7 fect, the President shall determine whether the 

8 assistance to combat malaria provided pursuant 

9 to the agreement has produced a significant de10 crease in the following indicators: 

11 ‘‘(i) The rate of morbidity from ma12 laria in each health district where such as13 sistance is provided. 

14 ‘‘(ii) The rate of mortality from ma15 laria in each health district where such as16 sistance is provided. 

17 ‘‘(B) CONDUCT OF EVALUATION.—An eval18 uation of the assistance to combat malaria 

19 under an agreement required by subparagraph 

20 (A) may be conducted by the eligible entity pro21 viding such assistance or by another person, as 

22 determined by the President. 

23 ‘‘(C) HEALTH DISTRICT DEFINED.—In 

24 this paragraph, the term ‘health district’ means 

25 the jurisdiction which a program to combat ma-
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1 laria is operated, as designed by the host gov2 ernment. 

3 ‘‘(9) CONTINUATION.—The President may con4 tinue an agreement for an additional 1-year period 

5 if the assistance to combat malaria provided under 

6 the agreement has produced a significant decrease in 

7 the indicators described in clauses (i) and (ii) of 

8 paragraph (8)(A). 

9 ‘‘(10) REVISION.— 

10 ‘‘(A) IN GENERAL.—If an agreement is not 

11 continued under paragraph (9), the President 

12 may negotiate to revise the agreement so that 

13 the assistance to combat malaria provided 

14 under the modified agreement is likely to result 

15 in a significant decrease in the indicators de16 scribed in clauses (i) and (ii) of paragraph 

17 (8)(A). 

18 ‘‘(B) REPORT TO CONGRESS.—If the 

19 President approves a revision of an agreement 

20 that at least 75 percent of the members of the 

21 Malaria Scientific Review Board have voted to 

22 recommend not to approve, the President shall 

23 submit to Congress a justification for such ap24 proval. 

25 ‘‘(11) TERMINATION.— 
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1 ‘‘(A) IN GENERAL.—The President shall 

2 terminate an agreement if such agreement— 

3 ‘‘(i) is not continued under paragraph 

4 (9) or revised under paragraph (10); or 

5 ‘‘(ii) has been revised under para6 graph (10) for 2 consecutive 1-year periods 

7 and is not continued under paragraph (9) 

8 at the end of the subsequent 1-year period. 

9 ‘‘(B) REPORT TO CONGRESS.—If the 

10 President fails to terminate an agreement that 

11 at least 75 percent of the members of the Ma12 laria Scientific Review Board have voted to rec13 ommend to terminate, the President shall sub14 mit to Congress a justification for such failure. 

15 ‘‘(12) INELIGIBILITY.— 

16 ‘‘(A) IN GENERAL.—An eligible entity who 

17 entered into an agreement that is terminated 

18 under paragraph (11), and any subsidiary of 

19 such entity, may not submit an application for 

20 assistance under this section during the 18- 

21 month period beginning on the date such agree22 ment is terminated. 

23 ‘‘(B) RENEWED ELIGIBILITY.—At the end 

24 of a 3-year period described in subparagraph 

25 (A), such entity may submit an application for 
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1 eligibility to the President that includes a de2 scription of actions carried out by such entity 

3 to address the reasons that the agreement de4 scribed in subparagraph (A) was terminated. 

5 ‘‘(f) OTHER LIMITATIONS ON ASSISTANCE.— 

6 ‘‘(1) ASSISTANCE FOR MOSQUITO NETS.— 

7 ‘‘(A) IN GENERAL.—The President may 

8 not provide direct or indirect assistance under 

9 this section for a project to provide mosquito 

10 nets unless such project will provide mosquito 

11 nets that are treated with a long-lasting insecti12 cide. 

13 ‘‘(B) EVALUATIONS.—An eligible entity 

14 awarded assistance under this section to provide 

15 mosquito nets may not receive such assistance 

16 for a period of more than 24 months unless at 

17 the end of such period, such entity dem18 onstrates that— 

19 ‘‘(i) not less than 60 percent of the 

20 children under the age of 5 and of women 

21 who are pregnant in each location where 

22 such entity is providing the mosquito nets 

23 are using such nets; or 
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1 ‘‘(ii) not less than 80 percent of 

2 households in each such location are using 

3 such nets. 

4 ‘‘(2) ASSISTANCE FOR PHARMACEUTICALS.— 

5 The President may not provide assistance under this 

6 section for a project to provide a pharmaceutical 

7 that contains chloroquine or sulfadoxine 

8 pyrimethamine to combat malaria in a country if— 

9 ‘‘(A) resistance rates to chloroquine or 

10 sulfadoxine pyrimethamine, as appropriate, in 

11 such country exceed 15 percent; or 

12 ‘‘(B) no data are available for such coun13 try regarding the resistance rates to chloroquine 

14 or sulfadoxine pyrimethamine, as appropriate. 

15 ‘‘(3) CLINICAL AND EPIDEMIOLOGICAL ACTIVI16 TIES.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, the President shall en19 sure that the Secretary of Health and Human 

20 Services, acting through the Director of the 

21 Centers for Disease Control and Prevention, ad22 ministers any assistance provided under this 

23 section for— 

24 ‘‘(i) clinical or epidemiological activi25 ties to combat malaria; and 
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1 ‘‘(ii) technical assistance, or other in2 direct support with respect to epidemiolog3 ical surveillance, diagnosis, treatment, or 

4 management of malaria. 

5 ‘‘(B) APPLICATION AND EVALUATION.—An 

6 eligible entity who receives assistance described 

7 in subparagraph (A) shall apply for such funds 

8 as described in subsection (e) and activities car9 ried out with such assistance shall be evaluated 

10 as described in paragraph (8) of such sub11 section. 

12 (b) MALARIA SCIENTIFIC REVIEW BOARD.—Section 

13 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 

14 2151b–4), as amended by subsection (a), is further 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(g) MALARIA SCIENTIFIC REVIEW BOARD.— 

18 ‘‘(1) ESTABLISHMENT.—There is established 

19 the Malaria Scientific Review Board (in this sub20 section referred to as the ‘Board’). The Board shall 

21 be administered by the Coordinator of United States 

22 Government Activities to Combat Malaria Globally 

23 established under section 1(g) of the State Depart24 ment Basic Authorities Act of 1956. 
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1 ‘‘(2) MEMBERSHIP.—The Board shall be com2 posed of not less than 12 members as follows: 

3 ‘‘(A) The Director of the National Insti4 tutes of Health of the Department of Health 

5 and Human Services or the designee of such 

6 Director. 

7 ‘‘(B) The Secretary of Defense or the des8 ignee of such Secretary. 

9 ‘‘(C) The Director of the Centers for Dis10 ease Control and Prevention of the Department 

11 of Health and Human Services or the designee 

12 of such Director. 

13 ‘‘(D) The Director of the Office of Global 

14 Health Affairs of the Department of Health 

15 and Human Services or the designee of such 

16 Director. 

17 ‘‘(E) The Coordinator of United States 

18 Government Activities to Combat HIV/AIDS 

19 Globally appointed under section 1(f) of the 

20 State Department Basic Authorities Act of 

21 1956 (22 U.S.C. 2651a(f)) or the designee of 

22 such Coordinator. 

23 ‘‘(F) The Administrator of the United 

24 States Agency for International Development, 

25 or the designee of such Administrator. 
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1 ‘‘(G) Not less than 6 individuals selected 

2 by the Coordinator of the United States Gov3 ernment Archives to Combat HIV/AIDS Glob4 ally who are not employees of the United 

5 States, including experts from countries with 

6 high rates of malaria prevalence. 

7 ‘‘(3) QUALIFICATIONS.—A member of the 

8 Board other than a member described in paragraph 

9 (2)(D), shall have a doctoral degree in an appro10 priate field of medicine or biomedical science. 

11 ‘‘(4) CHAIR.—The Chair of the Board shall ro12 tate on an annual basis among the Board members 

13 referred to in subparagraphs (A), (B), and (C) of 

14 paragraph (2). 

15 ‘‘(5) DUTIES.—The Board shall— 

16 ‘‘(A) review any solicitation made by the 

17 United States to procure goods or services re18 lated to the prevention or treatment of malaria; 

19 ‘‘(B) recommend individuals to serve on a 

20 review panel described in subsection (e)(5); 

21 ‘‘(C) review an evaluation made under sub22 section (e)(8); 

23 ‘‘(D) vote on whether to recommend to ter24 minate an agreement referred to in subsection 
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1 (e)(1) at the end of each 1-year period that 

2 such agreement is in effect; 

3 ‘‘(E) vote on whether to recommend to ap4 prove proposed modifications to such an agree5 ment if such agreement will be revised under 

6 subsection (e)(10); and 

7 ‘‘(F) consult with the Coordinator of the 

8 United States Government Archives to Combat 

9 HIV/AIDS Globally regarding the development 

10 of the strategy required by section 2(b) of the 

11 Elimination of Neglected Diseases Act of 2005. 

12 ‘‘(6) PERSONNEL MATTERS.— 

13 ‘‘(A) COMPENSATION OF MEMBERS.—Each 

14 member of the Board who is not an officer or 

15 employee of the Federal Government shall be 

16 compensated at a rate equal to the daily equiva17 lent of the annual rate of basic pay prescribed 

18 for level IV of the Executive Schedule under 

19 section 5315 of title 5, United States Code, for 

20 each day (including travel time) during which 

21 such member is engaged in the performance of 

22 the duties of the Board. All members of the 

23 Board who are officers or employees of the 

24 United States shall serve without compensation 
30 

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1 in addition to that received for their services as 

2 officers or employees of the United States. 

3 ‘‘(B) TRAVEL EXPENSES.—The members 

4 of the Board shall be allowed travel expenses, 

5 including per diem in lieu of subsistence, at 

6 rates authorized for employees of agencies 

7 under subchapter I of chapter 57 of title 5, 

8 United States Code, while away from their 

9 homes or regular places of business in the per10 formance of services for the Board. 

11 ‘‘(C) STAFF.— 

12 ‘‘(i) IN GENERAL.—The Chair of the 

13 Board may, without regard to the civil 

14 service laws and regulations, appoint and 

15 terminate an executive director and such 

16 other additional personnel as may be nec17 essary to enable the Board to perform its 

18 duties. The employment of an executive di19 rector shall be subject to confirmation by 

20 the Board. 

21 ‘‘(ii) COMPENSATION.—The Chair of 

22 the Board may fix the compensation of the 

23 executive director and other personnel 

24 without regard to chapter 51 and sub25 chapter III of chapter 53 of title 5, United 
31 

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1 States Code, relating to classification of po2 sitions and General Schedule pay rates, ex3 cept that the rate of pay for the executive 

4 director and other personnel may not ex5 ceed the rate payable for level V of the Ex6 ecutive Schedule under section 5316 of such 

7 title. 

8 ‘‘(D) DETAIL OF GOVERNMENT EM9 PLOYEES.—Any Federal Government em10 ployee may be detailed to the Board with11 out reimbursement, and such detail shall 

12 be without interruption or loss of civil serv13 ice status or privilege. 

14 ‘‘(E) PROCUREMENT OF TEMPORARY

15 AND INTERMITTENT SERVICES.—The 

16 Chair of the Board may procure temporary 

17 and intermittent services under section 

18 3109(b) of title 5, United States Code, at 

19 rates for individuals which do not exceed 

20 the daily equivalent of the annual rate of 

21 basic pay prescribed for level V of the Ex22 ecutive Schedule under section 5316 of 

23 such title.’’. 

24 (c) REPEAL OF AUTHORITY TO COORDINATE.—Sec25 tion 104C of the Foreign Assistance Act of 1961 (22 
32 

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1 U.S.C. 2151b–4), as amended by subsections (a) and (b), 

2 is further amended by striking subsection (d). 

3 SEC. 4. ASSISTANCE TO COMBAT TUBERCULOSIS. 

4 (a) PRIORITY FOR DOTS COVERAGE.—Section 

5 104B(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 

6 2151b–3(e)) is amended by striking the second sentence 

7 and inserting ‘‘In order to meet the requirement of the 

8 preceding sentence, the President shall ensure that not 

9 less than 75 percent of the amount made available to carry 

10 out this section for a fiscal year is expended for 

11 antituberculosis drugs, diagnostic supplies, other commod12 ities, direct patient services, and support and training of 

13 frontline health workers who are responsible for direct 

14 contact with patients and the immediate supervisors of 

15 such workers in diagnosis and treatment for Directly Ob16 served Treatment Short-course (DOTS) coverage and 

17 treatment of multi-drug resistant tuberculosis using 

18 DOTS-Plus. Such amount may be used to procure phar19 maceuticals through the multilateral procurement mecha20 nism known as the Global Tuberculosis Drug Facility.’’. 

21 (b) AWARD OF ASSISTANCE.—Section 104B of the 

22 Foreign Assistance Act of 1961 (22 U.S.C. 2151b–3) is 

23 amended— 

24 (1) by redesignating subsection (f) as sub25 section (h); and 
33 

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1 (2) inserting after subsection (e) the following 

2 new subsections: 

3 ‘‘(f) AWARD OF ASSISTANCE.— 

4 ‘‘(1) IN GENERAL.—The President may not 

5 enter into any agreement with a person to procure 

6 assistance to combat tuberculosis except as provided 

7 in this subsection. 

8 ‘‘(2) DEFINITIONS.—In this subsection: 

9 ‘‘(A) AGREEMENT.—The term ‘agreement’ 

10 means an agreement to procure assistance to 

11 combat tuberculosis. 

12 ‘‘(B) ASSISTANCE TO COMBAT TUBER13 CULOSIS.—The term ‘assistance to combat tu14 berculosis’ means any goods or services related 

15 to the treatment of tuberculosis authorized to 

16 be provided under subsection (c). 

17 ‘‘(C) ELIGIBLE ENTITY.—The term ‘eligi18 ble entity’ means any person that the President 

19 determines is eligible to enter into an agree20 ment under this section. 

21 ‘‘(3) APPLICATION.—An eligible entity seeking 

22 to enter into an agreement shall submit an applica23 tion to the President at such time and in such man24 ner as the President may require. 
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1 ‘‘(4) ALLOCATION OF FUNDS.—The President 

2 shall ensure agreements are awarded in a manner so 

3 that of amounts made available to the President for 

4 such agreements for a fiscal year— 

5 ‘‘(A) not less than 75 percent of such 

6 amounts shall be used to provide direct tuber7 culosis diagnosis and treatment services in the 

8 22 countries that have the highest prevalence or 

9 incidence rates of tuberculosis, with an empha10 sis on providing such services to individuals in 

11 regions of such countries that do not have ade12 quate medical services; and 

13 ‘‘(B) not less than 25 percent of the 

14 amounts allocated under subparagraph (A) for 

15 a fiscal year shall be used to provide 

16 antituberculosis medications. 

17 ‘‘(5) AVAILABILITY OF INFORMATION.—An eli18 gible entity may not be awarded assistance under 

19 this subsection unless such entity agrees to make 

20 available to the President for publication in the Fed21 eral Register and on the Internet the information 

22 that the President determines is appropriate. 

23 ‘‘(6) EVALUATION.— 

24 ‘‘(A) INDICATORS.—At the end of each 1- 

25 year period that an agreement is in effect, the 
35 

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1 President shall determine whether the assist2 ance to combat tuberculosis provided pursuant 

3 to the agreement has produced a significant in4 crease in the following indicators: 

5 ‘‘(i) The rate at which individuals who 

6 have tuberculosis are accurately diagnosed. 

7 ‘‘(ii) The number of tuberculosis pa8 tients who complete DOTS. 

9 ‘‘(iii) The percentage of tuberculosis 

10 patients who begin DOTS that complete 

11 such treatment. 

12 ‘‘(iv) The percentage of tuberculosis 

13 patients who are tested for the human im14 munodeficiency virus (HIV) infection, if 

15 appropriate considering the HIV preva16 lence rates among individuals infected with 

17 tuberculosis. 

18 ‘‘(v) The percentage of patients who 

19 test positive for HIV infection who are re20 ferred successfully to HIV care or treat21 ment, if appropriate considering the HIV 

22 prevalence rates among individuals infected 

23 with tuberculosis. 

24 ‘‘(B) CONDUCT OF EVALUATION.—An eval25 uation of the assistance to combat malaria 
36 

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1 under an agreement required by subparagraph 

2 (A) may be conducted by the eligible entity pro3 viding such assistance or by another person, in4 cluding an entity of a government, as determined 

5 by the President. 

6 ‘‘(7) CONTINUATION.—The President may con7 tinue an agreement for additional 1-year periods if 

8 the assistance to combat tuberculosis provided pur9 suant to the agreement has produced a significant 

10 increase in the indicators described in clauses (i) 

11 through (v) of paragraph (6)(A). 

12 ‘‘(8) REVISION.—If an agreement is not contin13 ued under paragraph (7), the President may nego14 tiate to revise the agreement so that the assistance 

15 to combat tuberculosis provided under the modified 

16 agreement is likely to result in a significant increase 

17 in the indicators described in clauses (i) through (v) 

18 of paragraph (6)(A). 

19 ‘‘(9) TERMINATION.—The President shall ter20 minate an agreement if such agreement— 

21 ‘‘(A) is not continued under paragraph (7) 

22 or revised under paragraph (8); or 

23 ‘‘(B) has been revised under paragraph (8) 

24 for a 1-year period and is not continued under 
37 

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1 paragraph (7) at the end of the subsequent 1- 

2 year period. 

3 ‘‘(g) CLINICAL AND EPIDEMIOLOGICAL ACTIVI4 TIES.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the President shall ensure that the 

7 Secretary of Health and Human Services, acting 

8 through the Director of the Centers for Disease 

9 Control and Prevention, administers any assistance 

10 provided under this section for— 

11 ‘‘(A) clinical or epidemiological activities to 

12 combat tuberculosis; and 

13 ‘‘(B) technical assistance, or other indirect 

14 support with respect to epidemiological surveil15 lance, diagnosis, treatment, or management of 

16 tuberculosis. 

17 ‘‘(2) APPLICATION AND EVALUATION.—An eli18 gible entity who receives assistance described in 

19 paragraph (1) shall apply for such funds as de20 scribed in subsection (f) and activities carried out 

21 with such assistance shall be evaluated as described 

22 in paragraph (6) of such subsection.’’. 
38 

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1 SEC. 5. OTHER INFECTIOUS DISEASES. 

2 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 

3 104(c)(3) of the Foreign Assistance Act of 1961 (22 

4 U.S.C. 2151b(c)(3)) is amended to read as follows: 

5 ‘‘(3) ASSISTANCE FOR INFECTIOUS DISEASES.— 

6 ‘‘(A) FINDING.—Congress finds that infectious 

7 diseases are responsible for the vast majority of 

8 morbidity and mortality in the developing world. 

9 ‘‘(B) AUTHORITY TO PROVIDE ASSISTANCE.—In 

10 addition to authorities to provide assistance to com11 bat the acquired immune deficiency syndrome 

12 (AIDS), the human immunodeficiency virus (HIV), 

13 tuberculosis, and malaria in sections 104A, 104B, 

14 and 104C, the Administrator of the United States 

15 Agency for International Development is authorized 

16 to implement programs to prevent, treat, and control 

17 other infectious diseases, including leishmaniasis, Af18 rican trypanosomiasis, Chagas’ disease, 

19 shistosomiasis, meningitis group B, acute respiratory 

20 infections, infectious diarrhea, lymphatic filariasis, 

21 onchocerciasis, trachoma, and intestinal parasites in 

22 developing countries. 

23 ‘‘(C) ALLOCATION OF FUNDS.—The President 

24 shall ensure that of amounts made available for the 

25 assistance described in subparagraph (B) for a fiscal 

26 year— 
39 

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1 ‘‘(i) not less than 50 percent of such 

2 amounts shall be used to provide direct immu3 nization, prevention, diagnosis, prophylaxis, or 

4 treatment to patients; and 

5 ‘‘(ii) not less than 60 percent of the 

6 amounts allocated under clause (i) for a fiscal 

7 year shall be used to provide medicines, vac8 cines, diagnostic equipment, micronutrient and 

9 oral rehydration combination supplements, and 

10 other commodities used in the delivery of immu11 nization, prevention, diagnosis, prophylaxis, and 

12 treatment for patients. 

13 ‘‘(D) AVAILABILITY OF INFORMATION.—No in14 dividual or entity may not be awarded assistance to 

15 carry out a program under this paragraph unless 

16 such individual or entity agrees to make available to 

17 the President for publication in the Federal Register 

18 and on the Internet the information that the Presi19 dent determines is appropriate. 

20 ‘‘(E) EVALUATION.—A program carried out 

21 under subparagraph (B) shall be evaluated by the 

22 Administrator on an annual basis to determine if 

23 such program has resulted in a significant reduction 

24 in the rate of morbidity and in the rate of mortality 
40 

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1 attributed to an infectious disease in each location 

2 where the program was implemented. 

3 ‘‘(F) REVISION.—The Administrator shall re4 vise a program carried out under subparagraph (B) 

5 that, at the end of a 1-year period, has not resulted 

6 in significant reduction in each of the rates referred 

7 to in subparagraph (E), so that the assistance pro8 vided under such modified program is likely to result 

9 in a significant decrease in each such rate. 

10 ‘‘(G) CLINICAL AND EPIDEMIOLOGICAL ACTIVI11 TIES.— 

12 ‘‘(i) IN GENERAL.—Notwithstanding any 

13 other provision of law, the President shall en14 sure that the Secretary of Health and Human 

15 Services, acting through the Director of the 

16 Centers for Disease Control and Prevention, ad17 ministers any assistance provided under this 

18 section for— 

19 ‘‘(I) clinical or epidemiological activi20 ties to combat infectious diseases; and 

21 ‘‘(II) technical assistance, or other in22 direct support with respect to epidemiolog23 ical surveillance, diagnosis, treatment, or 

24 management of infectious diseases. 
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1 ‘‘(ii) EVALUATION.—Any assistance de2 scribed in clause (i) shall be evaluated at the 

3 end of each 1-year period as described in sub4 paragraph (E).’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the President for 

7 each of the fiscal years 2006 through 2011 such sums as 

8 may be necessary to carry out section 104(c)(3) of the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(3)), 

10 as amended by subsection (a). 

11 SEC. 6. ANNUAL REPORT ON HIV/AIDS, TUBERCULOSIS, 

12 AND MALARIA. 

13 Section 104A(e)(2)(C)(iv) of the Foreign Assistance 

14 Act of 1961 (22 U.S.C. 2151b–2(e)(2)(C)(iv)) is amended 

15 to read as follows: 

16 ‘‘(iv) with respect to malaria, the in17 crease in the number of people treated and 

18 the increase in number of malaria patients 

19 cured, the number of people treated with 

20 artemesinin-based combination therapy or 

21 another therapy that is more effective than 

22 such combination therapy, the number of 

23 households that received indoor residual 

24 spraying to prevent transmission of ma25 laria through each program, project, or ac-
42 

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1 tivity receiving United States foreign as2 sistance for malaria control purposes, and 

3 the progress in achieving reductions in 

4 morbidity and mortality through such pro5 grams, projects, or activities.’’. 

6 SEC. 7. AVAILABILITY OF INFORMATION ON EXPENDI7 TURES. 

8 Section 104(c) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2151b(c)) is amended by adding after para10 graph (4) the following new paragraph: 

11 ‘‘(5) AVAILABILITY OF INFORMATION.— 

12 ‘‘(A) REQUIREMENT FOR DATABASE.—The 

13 President shall make publicly available through an 

14 Internet website a database of information regarding 

15 any activity carried out by the Agency, the Depart16 ment of State, the Department of Health and 

17 Human Services, or the Department of Labor, or 

18 any assistance provided by the United States to a 

19 person, including an entity of a government, for the 

20 purpose of providing assistance to individuals in a 

21 foreign country related to any infectious disease, in22 cluding— 

23 ‘‘(i) the human immunodeficiency virus 

24 (HIV) and the acquired immune deficiency syn25 drome (AIDS); 
43 

•S 950 IS 

1 ‘‘(ii) malaria; 

2 ‘‘(iii) tuberculosis; 

3 ‘‘(iv) diarrheal disease; 

4 ‘‘(v) polio; and 

5 ‘‘(vi) acute respiratory infection. 

6 ‘‘(B) INFORMATION REQUIRED.—The informa7 tion made available under subparagraph (A) for as8 sistance provided by the United State to an eligible 

9 entity, including an entity of a government, shall in10 clude, for each grant of such assistance to such enti11 ty— 

12 ‘‘(i) the name of such entity; 

13 ‘‘(ii) the amount of assistance received; 

14 ‘‘(iii) the text of any agreement entered 

15 into by the United States and such entity, in16 cluding the budget proposed by such entity, the 

17 description of work to be performed, and any 

18 appropriate certifications; 

19 ‘‘(iv) a description of the activities to be 

20 carried out using such assistance, including the 

21 location in which such activities will be carried 

22 out; 

23 ‘‘(v) the name of any person who will be 

24 compensated by such entity to carry out an ac25 tivity described under clause (iv); 
44 

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1 ‘‘(vi) the schedule on which such assistance 

2 will be provided; 

3 ‘‘(vii) progress reports on the carrying out 

4 of the activities described under clause (iv); and 

5 ‘‘(viii) any reports or other products re6 quired to be produced by such entity under the 

7 agreement referred to in clause (iii). 

8 ‘‘(C) SEARCH CAPABILITIES.—The database de9 veloped under subparagraph (A) shall be capable of 

10 being searched on multiple criteria, including— 

11 ‘‘(i) disease or program area; 

12 ‘‘(ii) recipient of assistance; 

13 ‘‘(iii) country assisted; 

14 ‘‘(iv) solicitation number; or 

15 ‘‘(v) the type of activity carried out with 

16 United States assistance.’’. 

17 SEC. 8. ASSISTANT SECRETARY FOR GLOBAL HEALTH. 

18 (a) IN GENERAL.—Part P of title III of the Public 

19 Health Service Act (42 U.S.C. 280g et seq.) is amended 

20 by adding at the end the following section: 

21 ‘‘SEC. 399O. COORDINATION OF GLOBAL HEALTH ACTIVI22 TIES. 

23 ‘‘(a) ESTABLISHMENT OF POSITION OF ASSISTANT

24 SECRETARY FOR GLOBAL HEALTH.—There is established 

25 within the Department of Health and Human Services the 
45 

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1 position of Assistant Secretary for Global Health, who 

2 shall direct the Office of Global Health Affairs within the 

3 Department. The President shall appoint an individual to 

4 serve in such position. Such Assistant Secretary shall re5 port to the Secretary. 

6 ‘‘(b) DUTIES.—Subject to the authority of the Sec7 retary, the Assistant Secretary for Global Health shall co8 ordinate policies and activities of the Department that are 

9 international in nature, including international aspects of 

10 family and social policy, and in particular shall— 

11 ‘‘(1) perform such interagency coordination re12 sponsibilities as the Secretary has with respect to 

13 international health, family, and social policy issues; 

14 ‘‘(2) coordinate and lead on behalf of the Sec15 retary— 

16 ‘‘(A) activities of the Department per17 taining to international and multilateral organi18 zations; and 

19 ‘‘(B) relationships between the Department 

20 and foreign governments with respect to health, 

21 family, and social policy; 

22 ‘‘(3) represent the Department before other 

23 Federal agencies, before other governments, in inter24 national organizations, and with respect to private25 sector entities on international health issues, refugee 
46 

•S 950 IS 

1 health issues, and international aspects of other de2 partmental issues, including family and social policy; 

3 ‘‘(4) provide policy guidance and coordination 

4 on refugee health policy issues, in collaboration with 

5 agencies of the Department and other Federal agen6 cies; 

7 ‘‘(5) coordinate technical and policy-related 

8 Federal input into refugee health issues; and 

9 ‘‘(6) perform such other duties as the Secretary 

10 determines are appropriate.’’. 

11 (b) PAY.—Section 5315 of title 5, United States 

12 Code, is amended by adding at the end the following: 

13 ‘‘Assistant Secretary for Global Health, Depart14 ment of Health and Human Services.’’. 

15 SEC. 9. LIMITATION ON COUNTRIES THAT IMPOSE IMPORT 

16 TARIFFS. 

17 After the date that is 2 years after the date of the 

18 enactment of this Act, no agency or department of the 

19 United States may donate or otherwise supply medicines 

20 or medical devices, including insecticide treated nets, in21 secticides, and other essential consumables required for 

22 disease control to a foreign country if such country im23 poses import tariffs or other import duties on such medi24 cines or medical devices. 
47 

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1 SEC. 10. CONSTRUCTION. 

2 (a) IN GENERAL.—In order for the Department of 

3 Health and Human Services to carry out international 

4 health activities, including activities related to HIV/AIDS, 

5 other infectious disease, chronic disease, and environ6 mental disease, the Secretary of Health and Human Serv7 ices may exercise authority equivalent to that available to 

8 the Secretary of State in section 2(c) of the State Depart9 ment Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). 

10 (b) RELATIONSHIP WITH DEPARTMENT OF STATE.— 

11 (1) CONSULTATION.—The Secretary of Health 

12 and Human Services shall consult with the Secretary 

13 of State and relevant Chief of Mission to ensure that 

14 the authority provided in this section is exercised in 

15 a manner consistent with section 207 of the Foreign 

16 Service Act of 1980 (22 U.S.C. 3927) and other ap17 plicable statutes administered by the Department of 

18 State. 

19 (2) REIMBURSEMENT.—The Secretary of 

20 Health and Human Services is authorized to provide 

21 such funds by advance or reimbursement to the Sec22 retary of State as may be necessary to pay the costs 

23 of acquisition, lease, alteration, renovation, and 

24 management of facilities outside of the United 

25 States for the use of the Department of Health and 

26 Human Services. 
48 

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1 (3) COOPERATION.—The Secretary of State 

2 shall cooperate fully with the Secretary of Health 

3 and Human Services to ensure that the Department 

4 of Health and Human Services has secure, safe, 

5 functional facilities that comply with applicable regu6 lation governing location, setback, and other facili7 ties requirements and serve the purposes established 

8 by this Act. 

9 (c) RENOVATION OF FACILITIES.—The Secretary of 

10 Health and Human Services is authorized, in consultation 

11 with the Secretary of State, through grant or cooperative 

12 agreement, to make available to public or nonprofit private 

13 institutions or agencies in participating foreign countries, 

14 funds to acquire, lease, alter, or renovate facilities in those 

15 countries as necessary to conduct programs of assistance 

16 for international health activities, including activities re17 lating to HIV/AIDS, other infectious diseases, chronic dis18 eases, and environmental diseases. 

Æ