107TH CONGRESS
1ST SESSION
H. R. 2069
AN ACT
To amend the Foreign Assistance Act of 1961 and the Global
AIDS and Tuberculosis Relief Act of 2000 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) According to the Joint United Nations Pro-
gramme on HIV/AIDS (UNAIDS) more than
58,000,000 people worldwide have already been in-
fected with HIV/AIDS, a fatal disease that is dev-
astating the health and economies in dozens of coun-
tries in Africa and increasingly in Asia, the Carib-
bean region, and Eastern Europe.
(2) The HIV/AIDS pandemic has erased dec-
ades of progress in improving the lives of families in
the developing world and has claimed 22,000,000
lives since its inception.
(3) More than 17,000,000 individuals have died
from HIV/AIDS in sub-Saharan Africa alone.
(4) The HIV/AIDS pandemic in sub-Saharan
Africa has grown beyond an international public
health issue to become a humanitarian, national se-
curity, and developmental crisis.
(5) The HIV/AIDS pandemic is striking hard-
est among women and girls. According to UNAIDS,
by the end of 2000, fifty-five percent of the HIV-
positive population in sub-Saharan Africa and 40
percent of such population in North Africa and the
Middle East were women, infected mainly through
heterosexual transmission. In Africa, 6 out of 7 chil-
dren who are HIV positive are girls.
(6) An estimated 1,400,000 children under age
15 were living with HIV/AIDS at the end of 2000,
of which 1,100,000 were children living in sub-Saha-
ran Africa. An estimated 500,000 children died of
AIDS during 2000, of which 440,000 were children
in sub-Saharan Africa. In addition there are an esti-
mated 13,200,000 children worldwide who have lost
one or both of their parents to HIV/AIDS, of which
12,100,000 are children in sub-Saharan Africa.
(7) Mother-to-child transmission is the largest
source of HIV infection in children under age 15
and the only source for very young children. The
total number of births to HIV-infected pregnant
women each year in developing countries is approxi-
mately 700,000.
(8) Counseling and voluntary testing are critical
services to help infected women accept their HIV
status and the risk it poses to their unborn child.
Mothers who are aware of their status can make in-
formed decisions about treatment, replacement feed-
ing, and future child-bearing.
(9) Although the HIV/AIDS pandemic has im-
pacted the sub-Saharan Africa disproportionately,
HIV infection rates are rising rapidly in India and
other South Asian countries, Brazil, Russia, Eastern
European countries, and Caribbean countries, and
pose a serious threat to the security and stability in
those countries.
(10) By 2010, it is estimated that approxi-
mately 40,000,000 children worldwide will have lost
one or both of their parents to HIV/AIDS.
(11) In January 2000, the United States Na-
tional Intelligence Council estimates that this dra-
matic increase in AIDS orphans will contribute to
economic decay, social fragmentation, and political
destabilization in already volatile and strained soci-
eties. Children without care or hope are often drawn
into prostitution, crime, substance abuse or child sol-
diery. The Council also stated that, in addition to
the reduction of economic activity caused by HIV/
AIDS to date, the disease could reduce GDP by as
much as 20 percent or more by 2010 in some coun-
tries in sub-Saharan Africa.
(12) The HIV/AIDS epidemic is not just a
health crisis but is directly linked to development
problems, including chronic poverty, food security
and personal debt that are reflected in the capacity
of affected households, often headed by elders or or-
phaned children, to meet basic needs. Similarly,
heavily-indebted countries are stripped of the re-
sources necessary to improve health care delivery
systems and infrastructure and to prevent, treat,
and care for individuals affected by HIV/AIDS.
(13) On March 7, 2001, the United States Sec-
retary of State testified before Congress that the
United States has an obligation ‘‘ . . . if we believe
in democracy and freedom, to stop this catastrophe
from destroying whole economies and families and
societies and cultures and nations’’.
(14) A continuing 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, while recognizing that behavioral change
alone will not conquer this disease. In so doing, pri-
ority and support should be given to building capac-
ity in the local public health sector through technical
assistance as well as through nongovernmental orga-
nizations, including faith-based organizations where
practicable.
(15) Effective use should be made of existing
health care systems to provide treatment for individ-
uals suffering from HIV/AIDS.
(16) Many countries in Africa facing health cri-
ses, including high HIV/AIDS infection rates, al-
ready have well-developed and high functioning
health care systems. Additional resources to expand
and improve capacity to respond to these crises can
easily be absorbed by the private and public sectors,
as well as by nongovernmental organizations, com-
munity-based organizations, and faith-based organi-
zations currently engaged in combatting the crises.
(17) An effective response to the HIV/AIDS
pandemic must also involve assistance to stimulate
the development of sound health care delivery sys-
tems and infrastructure in countries in sub-Saharan
Africa and other developing countries, including as-
sistance to increase the capacity and technical skills
of local public health professionals and other per-
sonnel in such countries, and improved access to
treatment and care for those already infected with
HIV/AIDS.
(18) Access to effective treatment for HIV/
AIDS is determined by issues of price, health care
delivery system and infrastructure, and sustainable
financing and such access can be inhibited by the
stigma and discrimination associated with HIV/
AIDS.
(19) The HIV/AIDS crisis must be addressed
by a robust, multilateral approach such as the one
envisioned by the Congress in the Global AIDS and
Tuberculosis Relief Act of 2000, which directed the
United States Government to seek to negotiate the
creation of an international HIV/AIDS trust fund
involving the World Bank.
(20) The Secretary General of the United Na-
tions has called for a global fund to halt and reverse
the spread of HIV/AIDS and other infectious dis-
eases. The Secretary General has also called for an-
nual 
expenditures 
of 
$7,000,000,000 
to
$10,000,000,000, financed by donor governments
and private contributors, for all efforts to combat
the HIV/AIDS pandemic and, equally important,
called on leaders from developing countries to give a
much higher priority in their budgets to development
of comprehensive health systems.
(21) The Administration has advocated a fidu-
ciary role for the World Bank in the Global Fund
to Fight AIDS, Tuberculosis, and Malaria and the
Transitional Working Group for that fund has de-
cided to invite the World Bank to play such a role.
(22) 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.
(23) 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.
(24) Appropriate treatment of individuals with
HIV/AIDS can prolong the lives of such individuals,
preserve their families and prevent children from be-
coming orphans, and increase productivity of such
individuals by allowing them to lead active lives and
reduce the need for costly hospitalization for treat-
ment of opportunistic infections caused by HIV.
(25) United States nongovernmental organiza-
tions, including faith-based organizations, with expe-
rience in healthcare and HIV/AIDS counseling, have
proven effective in combatting the HIV/AIDS pan-
demic and can be a resource in assisting sub-Saha-
ran African leaders of traditional, political, business,
and women and youth organizations in their efforts
to provide treatment and care for individuals in-
fected with HIV/AIDS.
(26) Most of the HIV infected poor of the de-
veloping world die of deadly diseases such as tuber-
culosis and malaria. Accordingly, effective HIV/
AIDS treatment programs should address the grow-
ing threat and spread of tuberculosis, malaria, and
other infectious diseases in the developing world.
(27) Law enforcement and military personnel of
foreign countries often have a high rate of preva-
lence of HIV/AIDS, and therefore, in order to be ef-
fective, HIV/AIDS awareness, prevention, and edu-
cation programs must include education and related
services to such law enforcement and military per-
sonnel.
(28) Microenterprise development and other in-
come generation programs assist communities af-
flicted by the HIV/AIDS pandemic and increase the
productive capacity of communities and afflicted
households. Microenterprise programs are also an ef-
fective means to support the productive activities of
healthy family members caring for the sick and or-
phaned. Such programs should give priority to
women infected with the AIDS virus or in HIV/
AIDS affected families, particularly women in high-
risk categories.
(29) The exploding global HIV/AIDS pandemic
has created new challenges for United States bilat-
eral assistance programs and will require a substan-
tial increase in the capacity of the United States
Agency for International Development and other
agencies of the United States to manage and mon-
itor bilateral HIV/AIDS programs and resources. To
meet this challenge, the Agency will need to recruit
and retain appropriate technical expertise in the
United States as well as in foreign countries to help
develop and implement HIV/AIDS strategies in con-
cert with multilateral agencies, host country govern-
ments, and nongovernmental organizations.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1)(A) combatting the HIV/AIDS pandemic in
countries in sub-Saharan Africa and other devel-
oping countries should be a global effort and include
the financial support of all developed countries and
the cooperation of governments and the private sec-
tor, 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, prevention, and treatment programs;
(2)(A) in addition to HIV/AIDS awareness,
education, and prevention programs, the United
States Government should make its best efforts to
support programs that safely make available to pub-
lic and private entities in countries in sub-Saharan
Africa and other developing countries pharma-
ceuticals and diagnostics for HIV/AIDS therapy in
order—
(i) to effectively and safely 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
countries in sub-Saharan Africa;
(3)(A) combatting the HIV/AIDS pandemic re-
quires that United States Government programs
place a priority on the vulnerable populations at
greatest risk for contracting HIV;
(B) these populations should be determined
through qualitative and quantitative assessments at
the local level by local government, nongovernmental
organizations, people living with HIV/AIDS, and
other relevant sectors of civil society; and
(C) such assessments should be included in na-
tional HIV/AIDS strategies;
(4) 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;
(5) in countries where the United States Gov-
ernment is conducting HIV/AIDS awareness, pre-
vention, and education programs, such programs
should include education and related services to law
enforcement and military personnel of foreign coun-
(B) effective intervention against opportunistic
diseases requires not only the appropriate drug or
other medication for a given medical condition, but
also the infrastructure necessary to diagnose the
condition, monitor the intervention, and provide
counseling services; and
(9) 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 the means
to care for themselves, their children, and orphans;
(10) the United States Agency for International
Development should substantially increase and im-
prove its capacity to manage and monitor HIV/
AIDS programs and resources;
(11) the United States Agency for International
Development must recruit and retain appropriate
technical expertise in the United States as well as in
foreign countries to help develop and implement
HIV/AIDS strategies in conjunction with multilat-
eral agencies, host country governments, and non-
governmental organizations;
(12) the United States Agency for International
Development must strengthen coordination and col-
laboration between the technical experts in its cen-
tral and regional bureaus and foreign country mis-
sions in formulating country strategies and imple-
menting HIV/AIDS programs;
(13) strong coordination among the various
agencies of the United States, including the Depart-
ment of State, the United States Agency for Inter-
national Development, the Department of Health
and Human Services, including the Centers for Dis-
ease Control and the National Institutes of Health,
the Department of the Treasury, the Department of
Defense, and other relevant Federal agencies must
exist to ensure effective and efficient use of financial
and technical resources within the United States
Government; and
(14) to help alleviate human suffering, and en-
hance the dignity and quality of life for patients de-
bilitated by HIV/AIDS, the United States should
promote, both unilaterally and through multilateral
initiatives, the use of palliative and hospice care, and
provide financial and technical assistance to pallia-
tive and hospice care programs, including programs
under which such care is provided by faith-based or-
ganizations.
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 countries in sub-Saharan Africa and
other developing countries is a major global health, na-
tional security, and humanitarian crisis. Accordingly, the
United States and other developed countries should pro-
vide assistance to countries in sub-Saharan Africa and
other developing countries to control this crisis through
HIV/AIDS prevention, treatment, monitoring, and related
activities, particularly activities focused on women and
youth, including mother-to-child transmission prevention
strategies.
‘‘(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 countries in sub-
Saharan Africa 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 countries in sub-Saharan Africa 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), the United Nations Development Programme
(UNDP), other appropriate international organizations,
such as the World Bank and the relevant regional multi-
lateral development institutions, national, 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) Prevention of HIV/AIDS through activities
including—
‘‘(I) education, voluntary testing, and
counseling (including the incorporation of con-
fidentiality protections with respect to such
testing and counseling), including integration of
such programs into women’s and children’s
health programs;
‘‘(II) assistance to ensure a safe blood sup-
ply and to provide post-exposure prophylaxis to
victims of rape and sexual assault; and
‘‘(III) assistance through nongovernmental
organizations, including faith-based organiza-
tions, particularly those organizations that uti-
lize both professionals and volunteers with ap-
propriate skills and experience, to establish and
implement culturally appropriate HIV/AIDS
education and prevention programs.
‘‘(ii) The treatment and care of individuals with
HIV/AIDS, including—
‘‘(I) assistance to establish and implement
programs to strengthen and broaden indigenous
health care delivery systems and the capacity of
such systems to deliver HIV/AIDS pharma-
ceuticals and otherwise provide for the treat-
ment of individuals with HIV/AIDS, including
clinical training for indigenous organizations
and health care providers;
‘‘(II) assistance aimed at the prevention of
transmission of HIV/AIDS from mother to
child, including medications to prevent such
transmission and access to infant formula and
other alternatives for infant feeding; and
‘‘(III) assistance to strengthen and expand
hospice and palliative care programs to assist
patients debilitated by HIV/AIDS, their fami-
lies, and the primary caregivers of such pa-
tients, including programs that utilize faith-
based organizations.
‘‘(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 services designed to care for orphaned
children in a family environment which rely on
extended family members;
‘‘(II) improved infrastructure and institu-
tional capacity to develop and manage edu-
cation, prevention, and treatment programs, in-
cluding the resources to collect and maintain
accurate HIV surveillance data to target pro-
grams and measure the effectiveness of inter-
ventions;
‘‘(III) vaccine research and development
partnership programs with specific plans of ac-
tion to develop a safe, effective, accessible, pre-
ventive HIV vaccine for use throughout the
world; and
‘‘(IV) the development and expansion of fi-
nancially-sustainable microfinance institutions
and other income generation programs that
strengthen the economic and social viability of
communities afflicted by the HIV/AIDS pan-
demic, including support for the savings and
productive capacity of affected poor households
caring for orphans.
‘‘(D)(i) Not later than January 31 of each calendar
year, the Administrator shall submit to Congress an an-
nual report on the implementation of this paragraph for
the prior fiscal year.
‘‘(ii) Such report shall include—
‘‘(I) a description of efforts made to implement
the policies set forth in this paragraph;
‘‘(II) a description of the programs established
pursuant to this paragraph and section 4 of the
Global Access to HIV/AIDS Prevention, Awareness,
Education, and Treatment Act of 2001; and
‘‘(III) a detailed assessment of the impact of
programs established pursuant to this paragraph, in-
cluding the effectiveness of such programs in reduc-
ing the spread of HIV infection, particularly in
women and girls, in reducing HIV transmission from
mother to child, in reducing mortality rates from
HIV/AIDS, and the progress toward improving
health care delivery systems and infrastructure to
ensure increased access to care and treatment.
‘‘(iii) The Administrator shall consult with the Global
Health Advisory Board established under section 6 of the
Global Access to HIV/AIDS Prevention, Awareness, Edu-
cation, and Treatment Act of 2001 in the preparation of
the report under clause (i) and on other global health ac-
tivities carried out by the United States Agency for Inter-
national Development.
‘‘(E)(i) There is authorized to be appropriated to the
President to carry out this paragraph $485,000,000 for
fiscal year 2002.
‘‘(ii) Not more than six percent of the amount appro-
priated pursuant to the authorization of appropriations
under clause (i) for fiscal year 2002, and not more than
four percent of the amount made available to carry out
this paragraph for any subsequent fiscal year, may be used
for the administrative 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 countries in sub-Saharan Africa 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
the prevention of transmission of HIV/AIDS from
mother to child.
(b) ADDITIONAL AUTHORITY.—The authority con-
tained in section 104(c)(6) of the Foreign Assistance Act
of 1961, as amended by section 3(b) of this Act, shall
apply to assistance made available under subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the President to carry
out this section $50,000,000 for fiscal year 2002.
SEC. 5. INTERAGENCY TASK FORCE ON HIV/AIDS.
(a) ESTABLISHMENT.—The President shall establish
an interagency task force (hereafter referred to as the
‘‘task force’’) to ensure coordination of all Federal pro-
grams related to the prevention, treatment, and moni-
toring of HIV/AIDS in foreign countries.
(b) DUTIES.—The duties of the task force shall
include—
(1) reviewing all Federal programs related to
the prevention, treatment, and monitoring of HIV/
AIDS in foreign countries to ensure proper coordi-
nation and compatibility of activities and policies of
such programs;
(2) exchanging information regarding design
and impact of such programs to ensure that the
United States Government can catalogue the best
possible practices for HIV/AIDS prevention, treat-
ment, and monitoring and improve the effectiveness
of such programs in the countries in which they op-
erate; and
(3) fostering discussions with United States
and foreign nongovernmental organizations to deter-
mine how United States Government programs can
be improved, including by engaging in a dialogue
with the Global Health Advisory Board established
under section 6 of this Act.
(c) MEMBERSHIP.—
(1) COMPOSITION.—The task force shall be
composed of the Secretary of State, the Adminis-
trator of the United States Agency for International
Development, the Secretary of Health and Human
Services, the Secretary of the Treasury, the Director
of the National Institutes of Health, the Director of
the Centers for Disease Control, the Secretary of
Defense, and the head of any other agency that the
President determines is appropriate.
(2) CHAIRPERSON.—The Secretary of State
shall serve as chairperson of the task force.
(d) PUBLIC MEETINGS.—At least once each calendar
year, the task force shall hold a public meeting in order
to afford an opportunity for any person to present views
regarding the activities of the United States Government
with respect to the prevention, treatment, and monitoring
of HIV/AIDS in foreign countries. The Secretary of State
shall maintain a record of each meeting and shall make
the record available to the public.
(e) AVAILABILITY OF FUNDS.—Amounts made avail-
able for a fiscal year pursuant to section 104(c)(4)(E)(ii)
of the Foreign Assistance Act of 1961, as amended by sec-
tion 3(a) of this Act, are authorized to be made available
to carry out this section for such fiscal year.
SEC. 6. GLOBAL HEALTH ADVISORY BOARD.
(a) ESTABLISHMENT.—There is established a perma-
nent Global Health Advisory Board (hereafter referred to
as the ‘‘Board’’) to assist the President and other Federal
officials, including the Secretary of State and the Adminis-
trator of the United States Agency for International De-
velopment, in the administration and implementation of
United States international health programs, particularly
programs relating to the prevention, treatment, and moni-
toring of HIV/AIDS.
(b) DUTIES.—
(1) IN GENERAL.—The Board shall serve as a
liaison between the United States Government and
private and voluntary organizations, other non-
governmental organizations, and academic institu-
tions in the United States that are active in inter-
national health issues, particularly prevention, treat-
ment, and care with respect to HIV/AIDS and other
infectious diseases.
(2) SPECIFIC
ACTIVITIES.—In carrying out
paragraph (1), the Board—
(A) shall provide advice to the United
States Agency for International Development
and other Federal agencies on health and man-
agement issues relating to foreign assistance in
which both the United States Government and
private and voluntary organizations participate;
(B) shall provide advice on the formulation
of basic policy, procedures, and criteria for the
review, selection, and monitoring of project pro-
posals for United States Government inter-
national health programs and for the establish-
ment of transparency in the provision and im-
plementation of grants made under such pro-
grams;
(C) shall provide advice on the establish-
ment of evaluation and monitoring programs to
measure the effectiveness of United States Gov-
ernment international health programs, includ-
ing standards and criteria to assess the extent
to which programs have met their goals and ob-
jectives and the development of indicators to
track progress of specific initiatives;
(D) shall review and evaluate the overall
health strategy for United States bilateral as-
sistance for each country receiving significant
United States bilateral assistance in the health
sector;
(E) shall recommend which developing
countries could benefit most from programs
carried out under United States Government
international health programs; and
(F) shall assess the impact and effective-
ness of programs carried out under section
104(c)(4) of the Foreign Assistance Act of
1961, as amended by section 3(a) of this Act,
in meeting the objectives set out in the HIV/
AIDS country strategy established by the
United States Agency for International Devel-
opment.
(c) MEMBERSHIP.—
(1) COMPOSITION.—The Board shall be com-
posed of 12 members—
(A)(i) all of whom shall have a substantial
expertise and background in international
health research, policy, or management, par-
ticularly in the area of prevention, treatment,
and care with respect to HIV/AIDS and other
infectious diseases; and
(ii) of whom at least one member shall be
an expert on women’s and children’s health
issues; and
(B) of whom—
(i) three members shall be individuals
from academic institutions;
(ii) five members shall be individuals
from nongovernmental organizations active
in international health programs, particu-
larly HIV/AIDS prevention, treatment and
monitoring programs in foreign countries,
of which not more than two members may
be from faith-based organizations;
(iii) two members shall be individuals
from health policy and advocacy institutes;
and
(iv) two members shall be individuals
from private foundations that make sub-
stantial contributions to global health pro-
grams.
(2) APPOINTMENT.—The individuals referred to
in paragraph (1) shall be appointed by the Presi-
dent, after consultation with the chairman and rank-
ing member of the Committee on International Rela-
tions of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate.
(3) TERMS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), each member shall be ap-
pointed for a term of two years and no member
or organization shall serve on the Advisory
Board for more than two consecutive terms.
(B) TERMS OF INITIAL APPOINTEES.—As
designated by the President at the time of ap-
pointment, of the members first appointed—
(i) six members shall be appointed for
a term of three years; and
(ii) six members, to the extent prac-
ticable equally divided among the cat-
egories described in clauses (i) through (iv)
of paragraph (1)(B), shall be appointed for
a term of two years.
(4) CHAIRPERSON.—At the first meeting of the
Board in each calendar year, a majority of the mem-
bers of the Commission present and voting shall
elect, from among the members of the Board, an in-
dividual to serve as chairperson of the Board.
(d) TRAVEL EXPENSES.—Each member of the Board
shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States
Code.
(e) AVAILABILITY OF FUNDS.—Amounts made avail-
able for a fiscal year pursuant to section 104(c)(4)(E)(ii)
of the Foreign Assistance Act of 1961, as amended by sec-
tion 3(a) of this Act, are authorized to be made available
to carry out this section for such fiscal year.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR MULTI-
LATERAL EFFORTS TO PREVENT, TREAT, AND
MONITOR HIV/AIDS.
(a) AUTHORIZATION.—There is authorized to be ap-
propriated to the President $750,000,000 for fiscal year
2002 for United States contributions to a global health
fund negotiated by the United States consistent with the
general principles in the Global AIDS and Tuberculosis
Relief Act of 2000 and the initiative of the Secretary Gen-
eral of the United Nations or other multilateral efforts to
prevent, treat, and monitor HIV/AIDS in countries in sub-
Saharan Africa and other developing countries, including
efforts to provide hospice and palliative care for individ-
uals with HIV/AIDS.
(b) CHARACTERISTICS OF GLOBAL HEALTH FUND.—
It is the sense of Congress that, consistent with the gen-
eral principles outlined in the Global AIDS and Tuber-
culosis Relief Act of 2000, United States contributions
should be provided to a global health fund under sub-
section (a) only if the fund—
(1) is a public-private partnership that includes
participation of, and seeks contributions from, gov-
ernments, foundations, corporations, nongovern-
mental organizations, organizations that are part of
the United Nations system, and other entities or in-
dividuals;
(2) has the World Bank serving as the fiduciary
agent of the fund and in any other capacity deemed
appropriate by the international community;
(3)(A) includes donors, recipient countries, civil
society, and other relevant parties in the governance
of the fund; and
(B) contains safeguards against conflicts of in-
terest in the governance of the fund by the individ-
uals and entities described in subparagraph (A);
(4) supports targeted initiatives to address
HIV/AIDS, tuberculosis, and malaria through an in-
tegrated approach that includes prevention interven-
tions, care and treatment programs, and infrastruc-
ture capacity-building;
(5) permits strategic targeting of resources to
address needs not currently met by existing bilateral
and multilateral efforts and includes separate sub-
accounts for different activities allowing donors to
designate funds for specific categories of programs
and activities;
(6) reserves a minimum of 5 percent of its
grant funds to support scientific or medical research
in connection with the projects it funds in developing
countries;
(7) provides public disclosure with respect to—
(A) the membership and official pro-
ceedings of the mechanism established to man-
age and disburse amounts contributed to the
fund; and
(B) grants and projects supported by the
fund;
(8) authorizes and enforces requirements for
the periodic financial and performance auditing of
projects and makes future funding conditional upon
the results of such audits; and
(9) provides public disclosure of the findings of
all financial and performance audits of the fund.
SEC. 8. DEFINITION.
In this Act:
(1) HIV.—The term ‘‘HIV’’ means infection
with the human immunodeficiency virus.
(2) AIDS.—The term ‘‘AIDS’’ means acquired
immune deficiency syndrome.
SEC. 9. EXTENSION OF TIME FOR GAO REPORT ON TRUST
FUND EFFECTIVENESS.
Section 131(b) of the Global AIDS and Tuberculosis
Relief Act of 2000 (22 U.S.C. 6831(b)) is amended by
striking ‘‘of the enactment of this Act’’ and inserting ‘‘the
Trust Fund is established’’.
Passed the House of Representatives December 11,
2001.
Attest:
Clerk.