I
107TH CONGRESS
1ST SESSION
H. R. 2069
To amend the Foreign Assistance Act of 1961 to authorize assistance to
prevent, treat, and monitor HIV/AIDS in sub-Saharan African and other
developing countries.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 2001
Mr. HYDE introduced the following bill; which was referred to the Committee
on International Relations
A BILL
To amend the Foreign Assistance Act of 1961 to authorize
assistance to prevent, treat, and monitor HIV/AIDS in
sub-Saharan African and other developing countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Global Access to HIV/
AIDS Prevention, Awareness, Education, and Treatment
Act of 2001’’.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The HIV/AIDS pandemic has claimed
22,000,000 lives since its inception.
(2) More than 17,000,000 individuals have died
from HIV/AIDS in sub-Saharan Africa alone.
(3) More than 36,000,000 individuals are in-
fected with HIV, of which approximately 25,000,000
individuals live in sub-Saharan Africa.
(4) The HIV/AIDS pandemic in sub-Saharan
Africa has grown beyond an international public
health issue to become a humanitarian and develop-
mental crisis.
(5) Although the HIV/AIDS pandemic has im-
pacted the sub-Saharan region of Africa dispropor-
tionately, HIV infection rates are rising rapidly in
India and other South Asian countries, Brazil, Car-
ibbean countries, and Russia, and pose a serious
threat to the security and stability in those coun-
tries.
(6) By 2010, it is estimated that approximately
40,000,000 children worldwide will have lost one or
both of their parents to HIV/AIDS.
(7) In January 2000, the United States Na-
tional Intelligence Council released an intelligence
estimate that framed the HIV/AIDS pandemic as a
security threat, noting the relationship between the
disease and political and economic instability.
(8) The overriding priority for responding to
the HIV/AIDS crisis should be to emphasize and en-
courage awareness, education, and prevention, in-
cluding prevention activities that promote behavioral
change. In so doing, priority and support should be
given to nongovernmental organizations, including
faith-based organizations.
(9) An effective response to the HIV/AIDS pan-
demic must also involve assistance to stimulate the
development of sound health service delivery infra-
structure systems in sub-Saharan African and other
developing countries.
(10) Access to effective treatment for HIV/
AIDS is determined by issues of price, health system
infrastructure, and sustainable financing and such
access can be inhibited by the stigma and discrimi-
nation associated with HIV/AIDS.
(11) An effective United States response to the
HIV/AIDS crisis must also focus on the development
of HIV/AIDS vaccines to prevent the spread of the
disease as well as the development of microbicides,
effective diagnostics, and simpler treatments.
(12) The innovative capacity of the United
States in the commercial and public pharmaceutical
research sectors is among the foremost in the world,
and the active participation of both these sectors
should be supported as it is critical to combat the
global HIV/AIDS pandemic.
(13) Appropriate treatment of individuals with
HIV/AIDS can prolong the lives of such individuals
and increase their productivity by allowing them to
lead active lives and reduce the need for costly hos-
pitalization for treatment of opportunistic infections
caused by HIV.
(14) United States volunteers with skills in
healthcare and HIV/AIDS counseling and prevention
programs have proven effective in combating the
HIV/AIDS pandemic and can be a resource in as-
sisting sub-Saharan African leaders of traditional,
political, business, and youth organizations in their
efforts to prevent the spread of HIV/AIDS through
awareness and educational programs.
(15) Most of the HIV infected poor of the de-
veloping world die of deadly opportunistic diseases
such as tuberculosis. Accordingly, effective HIV/
AIDS treatment programs should address the grow-
ing threat and spread of tuberculosis in the devel-
oping world. Malaria is also a major infectious dis-
ease that kills many individuals, particularly chil-
dren.
(16) Microenterprise development programs as-
sist communities afflicted by the HIV/AIDS pan-
demic and increase the productive capacity of com-
munities and afflicted households. Microenterprise
programs are also an effective means to support the
productive activities of healthy family members car-
ing for the sick and orphaned.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1)(A) combatting the HIV/AIDS pandemic in
sub-Saharan African and other developing countries
should be a global effort and include the financial
support of all developed countries and the coopera-
tion of governments and the private sector, including
faith-based organizations; and
(B) the United States should provide additional
funds for multilateral programs and efforts to com-
bat HIV/AIDS and also seek to leverage public and
private resources to combat HIV/AIDS on a global
basis through the Global Development Alliance Ini-
tiative of the United States Agency for International
Development and other public and private partner-
ships with an emphasis on HIV/AIDS awareness,
education, and prevention programs;
(2)(A) in addition to HIV/AIDS awareness,
education, and prevention programs, the United
States Government should support programs that
safely make available to public and private entities
in sub-Saharan African and other developing coun-
tries pharmaceuticals and diagnostics for HIV/AIDS
therapy in order—
(i) to effectively and safely and assist such
countries in the delivery of HIV/AIDS therapy
pharmaceuticals through the establishment of
adequate health care delivery systems and
treatment monitoring programs; and
(ii) to provide treatment for poor individ-
uals with HIV/AIDS in such countries; and
(B) in carrying out such programs, priority
consideration for participation should be given to
sub-Saharan African countries;
(3) the United States should promote efforts to
expand and develop programs that support the grow-
ing number of children orphaned by the HIV/AIDS
pandemic;
(4) treatment for HIV/AIDS should be a com-
ponent of a comprehensive international effort to
combat deadly infectious and opportunistic diseases,
including malaria and tuberculosis, that kill millions
annually in the developing world;
(5) the United States Agency for International
Development should carry out HIV/AIDS awareness,
prevention, and treatment programs in conjunction
with effective international tuberculosis and malaria
treatment and eradication programs; and
(6) the United States Agency for International
Development should expand and replicate successful
microenterprise programs in Uganda, Zambia,
Zimbabwe, and other African countries that provide
poor families affected by HIV/AIDS with financial
services, such as life, health care, and credit insur-
ance, and the means to care for themselves, their
children, and orphans.
SEC. 3. ASSISTANCE TO COMBAT HIV/AIDS.
(a) ASSISTANCE.—Section 104(c) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2151b(c)) is amended—
(1) by striking paragraphs (4) through (6); and
(2) by inserting after paragraph (3) the fol-
lowing:
‘‘(4)(A) Congress recognizes that the alarming spread
of HIV/AIDS in sub-Saharan African and other devel-
oping countries is a major global health threat and hu-
manitarian crisis. Accordingly, the United States and
other developed countries should provide assistance to sub-
Saharan and other developing countries to control this cri-
sis through HIV/AIDS prevention, treatment, monitoring,
and related activities.
‘‘(B)(i) The Administrator of the United States
Agency for International Development is authorized to
provide assistance to prevent, treat, and monitor HIV/
AIDS, and carry out related activities, in sub-Saharan Af-
rican and other developing countries.
‘‘(ii) It is the sense of Congress that the Adminis-
trator should provide an appropriate level of assistance
under clause (i) through nongovernmental organizations
in Sub-African and other developing countries affected by
the HIV/AIDS pandemic.
‘‘(iii) The Administrator shall coordinate the provi-
sion of assistance under clause (i) with the provision of
related assistance by the Joint United Nations Pro-
gramme on HIV/AIDS (UNAIDS), the United Nations
Children’s Fund (UNICEF), the World Health Organiza-
tion (WHO), other similar international organizations, na-
tional, state, and local governments of foreign countries,
and other appropriate governmental and nongovernmental
organizations.
‘‘(C) Assistance provided under subparagraph (B)
shall, to the maximum extent practicable, be used to carry
out the following activities:
‘‘(i) Primarily the prevention of HIV/AIDS
through—
‘‘(I) voluntary testing and counseling; and
‘‘(II) assistance through nongovernmental
organizations, including faith-based organiza-
tions, particularly those organizations that uti-
lize volunteers, to establish and implement cul-
turally appropriate HIV/AIDS education and
prevention programs.
‘‘(ii) The treatment of individuals with HIV/
AIDS, including—
‘‘(I) assistance to establish and implement
programs to strengthen and broaden indigenous
health care systems infrastructure and the ca-
pacity of such systems to deliver HIV/AIDS
pharmaceuticals and otherwise provide for the
treatment of individuals with HIV/AIDS, in-
cluding clinical training for indigenous organi-
zations and health care providers; and
‘‘(II) assistance aimed at the prevention of
transmission of HIV/AIDS from mother to
child.
‘‘(iii) The monitoring of programs, projects, and
activities carried out pursuant to clauses (i) and (ii),
including—
‘‘(I) 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; and
‘‘(II) appropriate evaluation and surveil-
lance activities.
‘‘(iv) 
The 
conduct 
of 
related 
activities,
including—
‘‘(I) the care and support of children who
are orphaned by the HIV/AIDS pandemic, in-
cluding through innovative programs modeled
on foster care and other services designed to
care for orphaned children in a family environ-
ment; and
‘‘(II) the development and expansion of fi-
nancially-sustainable microfinance institutions
that strengthen the economic and social viabil-
ity of communities afflicted by the HIV/AIDS
pandemic, including support for the savings and
productive capacity of affected poor households
caring for orphans and the provision of finan-
cial services, such as life, health, and credit in-
surance.
‘‘(D) The Administrator shall submit to Congress an
annual report of the implementation of this paragraph for
the prior year.
‘‘(E)(i) There are authorized to be appropriated to
the President to carry out this paragraph $469,000,000
for each of the fiscal years 2002 and 2003.
‘‘(ii) Not more than three percent of the amount ap-
propriated pursuant to the authorization of appropriations
under clause (i) for a fiscal year may be used for the ad-
ministrative expenses of the Agency in carrying out this
paragraph.
‘‘(iii) Amounts appropriated pursuant to the author-
ization of appropriations under clause (i) are in addition
to amounts otherwise available for such purposes and are
authorized to remain available until expended.
‘‘(F) In this paragraph:
‘‘(i) The term ‘HIV’ means infection with the
human immunodeficiency virus.
‘‘(ii) The term ‘AIDS’ means acquired immune
deficiency syndrome.’’.
(b) AVAILABILITY OF ASSISTANCE UNDER SECTION
104(c).—Section 104(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151b(c)) is amended—
(1) by redesignating paragraph (7) as para-
graph (5); and
(2) by adding at the end the following:
‘‘(6) Assistance made available under any paragraph
of this subsection, and assistance made available under
chapter 4 of part II of this Act to carry out the purposes
of any paragraph of this subsection, may be made avail-
able notwithstanding any other provision of law.’’.
SEC. 4. ASSISTANCE FOR PROCUREMENT AND DISTRIBU-
TION OF HIV/AIDS PHARMACEUTICALS AND
RELATED MEDICINES.
(a) ASSISTANCE.—The Administrator of the United
States Agency for International Development shall provide
assistance to sub-Saharan African and other developing
countries for—
(1) the procurement of HIV/AIDS pharma-
ceuticals, anti-viral therapies, and other appropriate
medicines; and
(2) the distribution of such HIV/AIDS pharma-
ceuticals, anti-viral therapies, and other appropriate
medicines to qualified national, regional, or local or-
ganizations for the treatment of individuals with
HIV/AIDS in accordance with appropriate HIV/
AIDS testing and monitoring requirements and for