United States Leadership Against HIV/AIDS, Tuberculosis, and  Malaria Act of 2003
PL 108-25 (H.R.1298), enacted 05/27/2003

117 STAT. 711
PUBLIC LAW 108–25—MAY 27, 2003
Public Law 108–25
108th Congress
An Act
To provide assistance to foreign countries to combat HIV/AIDS, tuberculosis, and
malaria, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Purpose.
Sec. 5. Authority to consolidate and combine reports.
TITLE I—POLICY PLANNING AND COORDINATION
Sec. 101. Development of a comprehensive, five-year, global strategy.
Sec. 102. HIV/AIDS Response Coordinator.
TITLE II—SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-
PRIVATE PARTNERSHIPS
Sec. 201. Sense of Congress on public-private partnerships.
Sec. 202. Participation in the Global Fund to Fight AIDS, Tuberculosis and Ma-
laria.
Sec. 203. Voluntary contributions to international vaccine funds.
TITLE III—BILATERAL EFFORTS
Subtitle A—General Assistance and Programs
Sec. 301. Assistance to combat HIV/AIDS.
Sec. 302. Assistance to combat tuberculosis.
Sec. 303. Assistance to combat malaria.
Sec. 304. Pilot program for the placement of health care professionals in overseas
areas severely affected by HIV/AIDS, tuberculosis, and malaria.
Sec. 305. Report on treatment activities by relevant executive branch agencies.
Sec. 306. Strategies to improve injection safety.
Sec. 307. Study on illegal diversions of prescription drugs.
Subtitle B—Assistance for Children and Families
Sec. 311. Findings.
Sec. 312. Policy and requirements.
Sec. 313. Annual reports on prevention of mother-to-child transmission of the HIV
infection.
Sec. 314. Pilot program of assistance for children and families affected by HIV/
AIDS.
Sec. 315. Pilot program on family survival partnerships.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
22 USC 7601
note.
United States
Leadership
Against HIV/
AIDS,
Tuberculosis, and
Malaria Act of
2003.
May 27, 2003
[H.R. 1298]
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117 STAT. 712
PUBLIC LAW 108–25—MAY 27, 2003
Sec. 402. Sense of Congress.
Sec. 403. Allocation of funds.
Sec. 404. Assistance from the United States private sector to prevent and reduce
HIV/AIDS in sub-Saharan Africa.
TITLE V—INTERNATIONAL FINANCIAL INSTITUTIONS
Sec. 501. Modification of the Enhanced HIPC Initiative.
Sec. 502. Report on expansion of debt relief to non-HIPC countries.
Sec. 503. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During the last 20 years, HIV/AIDS has assumed pan-
demic proportions, spreading from the most severely affected
regions, sub-Saharan Africa and the Caribbean, to all corners
of the world, and leaving an unprecedented path of death
and devastation.
(2) According to the Joint United Nations Programme on
HIV/AIDS (UNAIDS), more than 65,000,000 individuals world-
wide have been infected with HIV since the epidemic began,
more than 25,000,000 of these individuals have lost their lives
to the disease, and more than 14,000,000 children have been
orphaned by the disease. HIV/AIDS is the fourth-highest cause
of death in the world.
(3)(A) At the end of 2002, an estimated 42,000,000 individ-
uals were infected with HIV or living with AIDS, of which
more than 75 percent live in Africa or the Caribbean. Of these
individuals, more than 3,200,000 were children under the age
of 15 and more than 19,200,000 were women.
(B) Women are four times more vulnerable to infection
than are men and are becoming infected at increasingly high
rates, in part because many societies do not provide poor women
and young girls with the social, legal, and cultural protections
against high risk activities that expose them to HIV/AIDS.
(C) Women and children who are refugees or are internally
displaced persons are especially vulnerable to sexual exploi-
tation and violence, thereby increasing the possibility of HIV
infection.
(4) As the leading cause of death in sub-Saharan Africa,
AIDS has killed more than 19,400,000 individuals (more than
3 times the number of AIDS deaths in the rest of the world)
and will claim the lives of one-quarter of the population, mostly
adults, in the next decade.
(5) An estimated 2,000,000 individuals in Latin America
and the Caribbean and another 7,100,000 individuals in Asia
and the Pacific region are infected with HIV or living with
AIDS. Infection rates are rising alarmingly in Eastern Europe
(especially in the Russian Federation), Central Asia, and China.
(6) HIV/AIDS threatens personal security by affecting the
health, lifespan, and productive capacity of the individual and
the social cohesion and economic well-being of the family.
(7) HIV/AIDS undermines the economic security of a
country and individual businesses in that country by weakening
the productivity and longevity of the labor force across a broad
array of economic sectors and by reducing the potential for
economic growth over the long term.
(8) HIV/AIDS destabilizes communities by striking at the
most mobile and educated members of society, many of whom
are responsible for security at the local level and governance
26 USC 7601.
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117 STAT. 713
PUBLIC LAW 108–25—MAY 27, 2003
at the national and subnational levels as well as many teachers,
health care personnel, and other community workers vital to
community development and the effort to combat HIV/AIDS.
In some countries the overwhelming challenges of the HIV/
AIDS epidemic are accelerating the outward migration of criti-
cally important health care professionals.
(9) HIV/AIDS weakens the defenses of countries severely
affected by the HIV/AIDS crisis through high infection rates
among members of their military forces and voluntary peace-
keeping personnel. According to UNAIDS, in sub-Saharan
Africa, many military forces have infection rates as much as
five times that of the civilian population.
(10) HIV/AIDS poses a serious security issue for the inter-
national community by—
(A) increasing the potential for political instability and
economic devastation, particularly in those countries and
regions most severely affected by the disease;
(B) decreasing the capacity to resolve conflicts through
the introduction of peacekeeping forces because the
environments into which these forces are introduced pose
a high risk for the spread of HIV/AIDS; and
(C) increasing the vulnerability of local populations
to HIV/AIDS in conflict zones from peacekeeping troops
with HIV infection rates significantly higher than civilian
populations.
(11) The devastation wrought by the HIV/AIDS pandemic
is compounded by the prevalence of tuberculosis and malaria,
particularly in developing countries where the poorest and most
vulnerable members of society, including women, children, and
those individuals living with HIV/AIDS, become infected.
According to the World Health Organization (WHO), HIV/AIDS,
tuberculosis, and malaria accounted for more than 5,700,000
deaths in 2001 and caused debilitating illnesses in millions
more.
(12) Together, HIV/AIDS, tuberculosis, malaria and related
diseases are undermining agricultural production throughout
Africa. According to the United Nations Food and Agricultural
Organization, 7,000,000 agricultural workers throughout 25
African countries have died from AIDS since 1985. Countries
with poorly developed agricultural systems, which already face
chronic food shortages, are the hardest hit, particularly in
sub-Saharan Africa, where high HIV prevalence rates are
compounding the risk of starvation for an estimated 14,400,000
people.
(13) Tuberculosis is the cause of death for one out of every
three people with AIDS worldwide and is a highly commu-
nicable disease. HIV infection is the leading threat to tuber-
culosis control. Because HIV infection so severely weakens the
immune system, individuals with HIV and latent tuberculosis
infection have a 100 times greater risk of developing active
tuberculosis diseases thereby increasing the risk of spreading
tuberculosis to others. Tuberculosis, in turn, accelerates the
onset of AIDS in individuals infected with HIV.
(14) Malaria, the most deadly of all tropical parasitic dis-
eases, has been undergoing a dramatic resurgence in recent
years due to increasing resistance of the malaria parasite to
inexpensive and effective drugs. At the same time, increasing
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117 STAT. 714
PUBLIC LAW 108–25—MAY 27, 2003
resistance of mosquitoes to standard insecticides makes control
of transmission difficult to achieve. The World Health Organiza-
tion estimates that between 300,000,000 and 500,000,000 new
cases of malaria occur each year, and annual deaths from
the disease number between 2,000,000 and 3,000,000. Persons
infected with HIV are particularly vulnerable to the malaria
parasite. The spread of HIV infection contributes to the difficul-
ties of controlling resurgence of the drug resistant malaria
parasite.
(15) HIV/AIDS is first and foremost a health problem.
Successful strategies to stem the spread of the HIV/AIDS pan-
demic will require clinical medical interventions, the strength-
ening of health care delivery systems and infrastructure, and
determined national leadership and increased budgetary alloca-
tions for the health sector in countries affected by the epidemic
as well as measures to address the social and behavioral causes
of the problem and its impact on families, communities, and
societal sectors.
(16) Basic interventions to prevent new HIV infections
and to bring care and treatment to people living with AIDS,
such as voluntary counseling and testing and mother-to-child
transmission programs, are achieving meaningful results and
are cost-effective. The challenge is to expand these interventions
from a pilot program basis to a national basis in a coherent
and sustainable manner.
(17) Appropriate treatment of individuals with HIV/AIDS
can prolong the lives of such individuals, preserve their families,
prevent children from becoming orphans, and increase produc-
tivity of such individuals by allowing them to lead active lives
and reduce the need for costly hospitalization for treatment
of opportunistic infections caused by HIV.
(18) Nongovernmental organizations, including faith-based
organizations, with experience in health care and HIV/AIDS
counseling, have proven effective in combating the HIV/AIDS
pandemic and can be a resource in assisting indigenous
organizations in severely affected countries in their efforts to
provide treatment and care for individuals infected with HIV/
AIDS.
(19) Faith-based organizations are making an important
contribution to HIV prevention and AIDS treatment programs
around the world. Successful HIV prevention programs in
Uganda, Jamaica, and elsewhere have included local churches
and faith-based groups in efforts to promote behavior changes
to prevent HIV, to reduce stigma associated with HIV infection,
to treat those afflicted with the disease, and to care for orphans.
The Catholic Church alone currently cares for one in four
people being treated for AIDS worldwide. Faith-based organiza-
tions possess infrastructure, experience, and knowledge that
will be needed to carry out these programs in the future and
should be an integral part of United States efforts.
(20)(A) Uganda has experienced the most significant decline
in HIV rates of any country in Africa, including a decrease
among pregnant women from 20.6 percent in 1991 to 7.9 percent
in 2000.
(B) Uganda made this remarkable turnaround because
President Yoweri Museveni spoke out early, breaking long-
standing cultural taboos, and changed widespread perceptions
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117 STAT. 715
PUBLIC LAW 108–25—MAY 27, 2003
about the disease. His leadership stands as a model for ways
political leaders in Africa and other developing countries can
mobilize their nations, including civic organizations, profes-
sional associations, religious institutions, business and labor
to combat HIV/AIDS.
(C) Uganda’s successful AIDS treatment and prevention
program is referred to as the ABC model: ‘‘Abstain, Be faithful,
use Condoms’’, in order of priority. Jamaica, Zambia, Ethiopia
and Senegal have also successfully used the ABC model. Begin-
ning in 1986, Uganda brought about a fundamental change
in sexual behavior by developing a low-cost program with the
message: ‘‘Stop having multiple partners. Be faithful. Teen-
agers, wait until you are married before you begin sex.’’.
(D) By 1995, 95 percent of Ugandans were reporting either
one or zero sexual partners in the past year, and the proportion
of sexually active youth declined significantly from the late
1980s to the mid-1990s. The greatest percentage decline in
HIV infections and the greatest degree of behavioral change
occurred in those 15 to 19 years old. Uganda’s success shows
that behavior change, through the use of the ABC model, is
a very successful way to prevent the spread of HIV.
(21) The magnitude and scope of the HIV/AIDS crisis
demands a comprehensive, long-term, international response
focused upon addressing the causes, reducing the spread, and
ameliorating the consequences of the HIV/AIDS pandemic,
including—
(A) prevention and education, care and treatment, basic
and applied research, and training of health care workers,
particularly at the community and provincial levels, and
other community workers and leaders needed to cope with
the range of consequences of the HIV/AIDS crisis;
(B) development of health care infrastructure and
delivery systems through cooperative and coordinated
public efforts and public and private partnerships;
(C) development and implementation of national and
community-based multisector strategies that address the
impact of HIV/AIDS on the individual, family, community,
and nation and increase the participation of at-risk popu-
lations in programs designed to encourage behavioral and
social change and reduce the stigma associated with HIV/
AIDS; and
(D) coordination of efforts between international
organizations such as the Global Fund to Fight AIDS,
Tuberculosis and Malaria, the Joint United Nations Pro-
gramme on HIV/AIDS (UNAIDS), the World Health
Organization (WHO), national governments, and private
sector organizations, including faith-based organizations.
(22) The United States has the capacity to lead and enhance
the effectiveness of the international community’s response by—
(A) providing substantial financial resources, technical
expertise, and training, particularly of health care per-
sonnel and community workers and leaders;
(B) promoting vaccine and microbicide research and
the development of new treatment protocols in the public
and commercial pharmaceutical research sectors;
(C) making available pharmaceuticals and diagnostics
for HIV/AIDS therapy;
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117 STAT. 716
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(D) encouraging governments and faith-based and
community-based organizations to adopt policies that treat
HIV/AIDS as a multisectoral public health problem
affecting not only health but other areas such as agri-
culture, education, the economy, the family and society,
and assisting them to develop and implement programs
corresponding to these needs;
(E) promoting healthy lifestyles, including abstinence,
delaying sexual debut, monogamy, marriage, faithfulness,
use of condoms, and avoiding substance abuse; and
(F) encouraging active involvement of the private
sector, including businesses, pharmaceutical and bio-
technology companies, the medical and scientific commu-
nities, charitable foundations, private and voluntary
organizations and nongovernmental organizations, faith-
based organizations, community-based organizations, and
other nonprofit entities.
(23) Prostitution and other sexual victimization are
degrading to women and children and it should be the policy
of the United States to eradicate such practices. The sex
industry, the trafficking of individuals into such industry, and
sexual violence are additional causes of and factors in the
spread of the HIV/AIDS epidemic. One in nine South Africans
is living with AIDS, and sexual assault is rampant, at a victim-
ization rate of one in three women. Meanwhile in Cambodia,
as many as 40 percent of prostitutes are infected with HIV
and the country has the highest rate of increase of HIV infection
in all of Southeast Asia. Victims of coercive sexual encounters
do not get to make choices about their sexual activities.
(24) Strong coordination must exist among the various
agencies of the United States to ensure effective and efficient
use of financial and technical resources within the United
States Government with respect to the provision of inter-
national HIV/AIDS assistance.
(25) In his address to Congress on January 28, 2003, the
President announced the Administration’s intention to embark
on a five-year emergency plan for AIDS relief, to confront
HIV/AIDS with the goals of preventing 7,000,000 new HIV/
AIDS infections, treating at least 2,000,000 people with life-
extending drugs, and providing humane care for millions of
people suffering from HIV/AIDS, and for children orphaned
by HIV/AIDS.
(26) In this address to Congress, the President stated the
following: ‘‘Today, on the continent of Africa, nearly 30,000,000
people have the AIDS virus—including 3,000,000 children
under the age of 15. There are whole countries in Africa where
more than one-third of the adult population carries the infec-
tion. More than 4,000,000 require immediate drug treatment.
Yet across that continent, only 50,000 AIDS victims—only
50,000—are receiving the medicine they need.’’.
(27) Furthermore, the President focused on care and treat-
ment of HIV/AIDS in his address to Congress, stating the
following: ‘‘Because the AIDS diagnosis is considered a death
sentence, many do not seek treatment. Almost all who do
are turned away. A doctor in rural South Africa describes
his frustration. He says, ‘We have no medicines. Many hospitals
tell people, you’ve got AIDS, we can’t help you. Go home and
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117 STAT. 717
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die.’ In an age of miraculous medicines, no person should have
to hear those words. AIDS can be prevented. Anti-retroviral
drugs can extend life for many years * * * Ladies and gentle-
men, seldom has history offered a greater opportunity to do
so much for so many.’’.
(28) Finally, the President stated that ‘‘[w]e have con-
fronted, and will continue to confront, HIV/AIDS in our own
country’’, proposing now that the United States should lead
the world in sparing innocent people from a plague of nature,
and asking Congress ‘‘to commit $15,000,000,000 over the next
five years, including nearly $10,000,000,000 in new money,
to turn the tide against AIDS in the most afflicted nations
of Africa and the Caribbean’’.
SEC. 3. DEFINITIONS.
In this Act:
(1) AIDS.—The term ‘‘AIDS’’ means the acquired immune
deficiency syndrome.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(3) GLOBAL
FUND.—The term ‘‘Global Fund’’ means the
public-private partnership known as the Global Fund to Fight
AIDS, Tuberculosis and Malaria established pursuant to Article
80 of the Swiss Civil Code.
(4) HIV.—The term ‘‘HIV’’ means the human immuno-
deficiency virus, the pathogen that causes AIDS.
(5) HIV/AIDS.—The term ‘‘HIV/AIDS’’ means, with respect
to an individual, an individual who is infected with HIV or
living with AIDS.
(6) RELEVANT
EXECUTIVE
BRANCH
AGENCIES.—The term
‘‘relevant executive branch agencies’’ means the Department
of State, the United States Agency for International Develop-
ment, and any other department or agency of the United States
that participates in international HIV/AIDS activities pursuant
to the authorities of such department or agency or the Foreign
Assistance Act of 1961.
SEC. 4. PURPOSE.
The purpose of this Act is to strengthen United States leader-
ship and the effectiveness of the United States response to certain
global infectious diseases by—
(1) establishing a comprehensive, integrated five-year,
global strategy to fight HIV/AIDS that encompasses a plan
for phased expansion of critical programs and improved
coordination among relevant executive branch agencies and
between the United States and foreign governments and inter-
national organizations;
(2) providing increased resources for multilateral efforts
to fight HIV/AIDS;
(3) providing increased resources for United States bilateral
efforts, particularly for technical assistance and training, to
combat HIV/AIDS, tuberculosis, and malaria;
(4) encouraging the expansion of private sector efforts and
expanding public-private sector partnerships to combat HIV/
AIDS; and
22 USC 7603.
22 USC 7602.
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117 STAT. 718
PUBLIC LAW 108–25—MAY 27, 2003
(5) intensifying efforts to support the development of vac-
cines and treatment for HIV/AIDS, tuberculosis, and malaria.
SEC. 5. AUTHORITY TO CONSOLIDATE AND COMBINE REPORTS.
With respect to the reports required by this Act to be submitted
by the President, to ensure an efficient use of resources, the Presi-
dent may, in his discretion and notwithstanding any other provision
of this Act, consolidate or combine any of these reports, except
for the report required by section 101 of this Act, so long as
the required elements of each report are addressed and reported
within a 90-day period from the original deadline date for submis-
sion of the report specified in this Act. The President may also
enter into contracts with organizations with relevant expertise to
develop, originate, or contribute to any of the reports required
by this Act to be submitted by the President.
TITLE I—POLICY PLANNING AND
COORDINATION
SEC. 101. DEVELOPMENT OF A COMPREHENSIVE, FIVE-YEAR, GLOBAL
STRATEGY.
(a) STRATEGY.—The President shall establish a comprehensive,
integrated, five-year strategy to combat global HIV/AIDS that
strengthens the capacity of the United States to be an effective
leader of the international campaign against HIV/AIDS. Such
strategy shall maintain sufficient flexibility and remain responsive
to the ever-changing nature of the HIV/AIDS pandemic and shall—
(1) include specific objectives, multisectoral approaches, and
specific strategies to treat individuals infected with HIV/AIDS
and to prevent the further spread of HIV infections, with a
particular focus on the needs of families with children
(including the prevention of mother-to-child transmission),
women, young people, and children (such as unaccompanied
minor children and orphans);
(2) as part of the strategy, implement a tiered approach
to direct delivery of care and treatment through a system
based on central facilities augmented by expanding circles of
local delivery of care and treatment through local systems
and capacity;
(3) assign priorities for relevant executive branch agencies;
(4) provide that the reduction of HIV/AIDS behavioral risks
shall be a priority of all prevention efforts in terms of funding,
educational messages, and activities by promoting abstinence
from sexual activity and substance abuse, encouraging
monogamy and faithfulness, promoting the effective use of
condoms, and eradicating prostitution, the sex trade, rape,
sexual assault and sexual exploitation of women and children;
(5) improve coordination and reduce duplication among
relevant executive branch agencies, foreign governments, and
international organizations;
(6) project general levels of resources needed to achieve
the stated objectives;
(7) expand public-private partnerships and the leveraging
of resources;
President.
22 USC 7611.
Deadline.
22 USC 7604.
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(8) maximize United States capabilities in the areas of
technical assistance and training and research, including vac-
cine research;
(9) establish priorities for the distribution of resources
based on factors such as the size and demographics of the
population with HIV/AIDS, tuberculosis, and malaria and the
needs of that population and the existing infrastructure or
funding levels that may exist to cure, treat, and prevent HIV/
AIDS, tuberculosis, and malaria; and
(10) include initiatives describing how the President will
maximize the leverage of private sector dollars in reduction
and treatment of HIV/AIDS, tuberculosis, and malaria.
(b) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the President shall submit to the
appropriate congressional committees a report setting forth
the strategy described in subsection (a).
(2) REPORT CONTENTS.—The report required by paragraph
(1) shall include a discussion of the elements described in
paragraph (3) and may include a discussion of additional ele-
ments relevant to the strategy described in subsection (a).
Such discussion may include an explanation as to why a par-
ticular element described in paragraph (3) is not relevant to
such strategy.
(3) REPORT ELEMENTS.—The elements referred to in para-
graph (2) are the following:
(A) The objectives, general and specific, of the strategy.
(B) A description of the criteria for determining success
of the strategy.
(C) A description of the manner in which the strategy
will address the fundamental elements of prevention and
education, care, and treatment (including increasing access
to pharmaceuticals and to vaccines), the promotion of
abstinence, monogamy, avoidance of substance abuse, and
use of condoms, research (including incentives for vaccine
development and new protocols), training of health care
workers, the development of health care infrastructure and
delivery systems, and avoidance of substance abuse.
(D) A description of the manner in which the strategy
will promote the development and implementation of
national and community-based multisectoral strategies and
programs, including those designed to enhance leadership
capacity particularly at the community level.
(E) A description of the specific strategies developed
to meet the unique needs of women, including the empower-
ment of women in interpersonal situations, young people
and children, including those orphaned by HIV/AIDS and
those who are victims of the sex trade, rape, sexual abuse,
assault, and exploitation.
(F) A description of the specific strategies developed
to encourage men to be responsible in their sexual behavior,
child rearing and to respect women including the reduction
of sexual violence and coercion.
(G) A description of the specific strategies developed
to increase women’s access to employment opportunities,
income, productive resources, and microfinance programs.
Deadline.
President.
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117 STAT. 720
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(H) A description of the programs to be undertaken
to maximize United States contributions in the areas of
technical assistance, training (particularly of health care
workers and community-based leaders in affected sectors),
and research, including the promotion of research on vac-
cines and microbicides.
(I) An identification of the relevant executive branch
agencies that will be involved and the assignment of prior-
ities to those agencies.
(J) A description of the role of each relevant executive
branch agency and the types of programs that the agency
will be undertaking.
(K) A description of the mechanisms that will be uti-
lized to coordinate the efforts of the relevant executive
branch agencies, to avoid duplication of efforts, to enhance
on-site coordination efforts, and to ensure that each agency
undertakes programs primarily in those areas where the
agency has the greatest expertise, technical capabilities,
and potential for success.
(L) A description of the mechanisms that will be uti-
lized to ensure greater coordination between the United
States and foreign governments and international organiza-
tions including the Global Fund, UNAIDS, international
financial institutions, and private sector organizations.
(M) The level of resources that will be needed on an
annual basis and the manner in which those resources
would generally be allocated among the relevant executive
branch agencies.
(N) A description of the mechanisms to be established
for monitoring and evaluating programs, promoting
successful models, and for terminating unsuccessful pro-
grams.
(O) A description of the manner in which private, non-
governmental entities will factor into the United States
Government-led effort and a description of the type of
partnerships that will be created to maximize the capabili-
ties of these private sector entities and to leverage
resources.
(P) A description of the ways in which United States
leadership will be used to enhance the overall international
response to the HIV/AIDS pandemic and particularly to
heighten the engagement of the member states of the G–
8 and to strengthen key financial and coordination mecha-
nisms such as the Global Fund and UNAIDS.
(Q) A description of the manner in which the United
States strategy for combating HIV/AIDS relates to and
supports other United States assistance strategies in devel-
oping countries.
(R) A description of the programs to be carried out
under the strategy that are specifically targeted at women
and girls to educate them about the spread of HIV/AIDS.
(S) A description of efforts being made to address the
unique needs of families with children with respect to
HIV/AIDS, including efforts to preserve the family unit.
(T) An analysis of the emigration of critically important
medical and public health personnel, including physicians,
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PUBLIC LAW 108–25—MAY 27, 2003
nurses, and supervisors from sub-Saharan African coun-
tries that are acutely impacted by HIV/AIDS, including
a description of the causes, effects, and the impact on
the stability of health infrastructures, as well as a summary
of incentives and programs that the United States could
provide, in concert with other private and public sector
partners and international organizations, to stabilize health
institutions by encouraging critical personnel to remain
in their home countries.
(U) A description of the specific strategies developed
to promote sustainability of HIV/AIDS pharmaceuticals
(including antiretrovirals) and the effects of drug resistance
on HIV/AIDS patients.
(V) A description of the specific strategies to ensure
that the extraordinary benefit of HIV/AIDS pharma-
ceuticals (especially antiretrovirals) are not diminished
through the illegal counterfeiting of pharmaceuticals and
black market sales of such pharmaceuticals.
(W) An analysis of the prevalence of Human Papilloma
Virus (HPV) in sub-Saharan Africa and the impact that
condom usage has upon the spread of HPV in sub-Saharan
Africa.
(c) STUDY; DISTRIBUTION OF RESOURCES.—
(1) STUDY.—Not later than 3 years after the date of the
enactment of this Act, the Institute of Medicine shall publish
findings comparing the success rates of the various programs
and methods used under the strategy described in subsection
(a) to reduce, prevent, and treat HIV/AIDS, tuberculosis, and
malaria.
(2) DISTRIBUTION OF RESOURCES.—In prioritizing the dis-
tribution of resources under the strategy described in subsection
(a), the President shall consider the findings published by the
Institute of Medicine under this subsection.
SEC. 102. HIV/AIDS RESPONSE COORDINATOR.
(a) ESTABLISHMENT
OF
POSITION.—Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 265(a)) is
amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
‘‘(f) HIV/AIDS RESPONSE COORDINATOR.—
‘‘(1) IN GENERAL.—There shall be established within the
Department of State in the immediate office of the Secretary
of State a Coordinator of United States Government Activities
to Combat HIV/AIDS Globally, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Coordinator shall report directly to the Secretary.
‘‘(2) AUTHORITIES AND DUTIES; DEFINITIONS.—
‘‘(A) AUTHORITIES.—The Coordinator, acting through
such nongovernmental organizations (including faith-based
and community-based organizations) and relevant execu-
tive branch agencies as may be necessary and appropriate
to effect the purposes of this section, is authorized—
‘‘(i) to operate internationally to carry out preven-
tion, care, treatment, support, capacity development,
and other activities for combatting HIV/AIDS;
President.
22 USC 2651a.
22 USC 7612.
President.
Deadline.
Publication.
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‘‘(ii) to transfer and allocate funds to relevant
executive branch agencies; and
‘‘(iii) to provide grants to, and enter into contracts
with, nongovernmental organizations (including faith-
based and community-based organizations) to carry out
the purposes of section.
‘‘(B) DUTIES.—
‘‘(i) IN GENERAL.—The Coordinator shall have pri-
mary responsibility for the oversight and coordination
of all resources and international activities of the
United States Government to combat the HIV/AIDS
pandemic, including all programs, projects, and activi-
ties of the United States Government relating to the
HIV/AIDS pandemic under the United States Leader-
ship Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003 or any amendment made by that Act.
‘‘(ii) SPECIFIC DUTIES.—The duties of the Coordi-
nator shall specifically include the following:
‘‘(I) Ensuring program and policy coordination
among the relevant executive branch agencies and
nongovernmental 
organizations, 
including
auditing, monitoring, and evaluation of all such
programs.
‘‘(II) Ensuring that each relevant executive
branch agency undertakes programs primarily in
those areas where the agency has the greatest
expertise, technical capabilities, and potential for
success.
‘‘(III) Avoiding duplication of effort.
‘‘(IV) Ensuring coordination of relevant execu-
tive branch agency activities in the field.
‘‘(V) Pursuing coordination with other coun-
tries and international organizations.
‘‘(VI) Resolving policy, program, and funding
disputes among the relevant executive branch
agencies.
‘‘(VII) Directly approving all activities of the
United States (including funding) relating to
combatting HIV/AIDS in each of Botswana, Cote
d’Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozam-
bique, Namibia, Nigeria, Rwanda, South Africa,
Tanzania, Uganda, Zambia, and other countries
designated by the President, which other des-
ignated countries may include those countries in
which the United States is implementing HIV/
AIDS programs as of the date of the enactment
of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003.
‘‘(VIII) Establishing due diligence criteria for
all recipients of funds section and all activities
subject to the coordination and appropriate moni-
toring, evaluation, and audits carried out by the
Coordinator necessary to assess the measurable
outcomes of such activities.
‘‘(C) DEFINITIONS.—In this paragraph:
‘‘(i) AIDS.—The term ‘AIDS’ means acquired
immune deficiency syndrome.
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117 STAT. 723
PUBLIC LAW 108–25—MAY 27, 2003
‘‘(ii) HIV.—The term ‘HIV’ means the human
immunodeficiency virus, the pathogen that causes
AIDS.
‘‘(iii) HIV/AIDS.—The term ‘HIV/AIDS’ means,
with respect to an individual, an individual who is
infected with HIV or living with AIDS.
‘‘(iv) RELEVANT
EXECUTIVE
BRANCH
AGENCIES.—
The term ‘relevant executive branch agencies’ means
the Department of State, the United States Agency
for International Development, the Department of
Health and Human Services (including the Public
Health Service), and any other department or agency
of the United States that participates in international
HIV/AIDS activities pursuant to the authorities of such
department or agency or this Act.’’.
(b) RESOURCES.—Not later than 90 days after the date of enact-
ment of this Act, the President shall specify the necessary financial
and personnel resources, from funds appropriated pursuant to the
authorization of appropriations under section 401 for HIV/AIDS
assistance, that shall be assigned to and under the direct control
of the Coordinator of United States Government Activities to Com-
bat HIV/AIDS Globally to establish and maintain the duties and
supporting activities assigned to the Coordinator by this Act and
the amendments made by this Act.
(c) ESTABLISHMENT OF SEPARATE ACCOUNT.—There is estab-
lished in the general fund of the Treasury a separate account
which shall be known as the ‘‘Activities to Combat HIV/AIDS Glob-
ally Fund’’ and which shall be administered by the Coordinator
of United States Government Activities to Combat HIV/AIDS Glob-
ally. There shall be deposited into the Fund all amounts appro-
priated pursuant to the authorization of appropriations under sec-
tion 401 for HIV/AIDS assistance, except for amounts appropriated
for United States contributions to the Global Fund.
TITLE 
II—SUPPORT 
FOR 
MULTILAT-
ERAL FUNDS, PROGRAMS, AND PUB-
LIC-PRIVATE PARTNERSHIPS
SEC. 201. SENSE OF CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS.
(a) FINDINGS.—Congress makes the following findings:
(1) Innovative partnerships between governments and
organizations in the private sector (including foundations,
universities, corporations, faith-based and community-based
organizations, and other nongovernmental organizations) have
proliferated in recent years, particularly in the area of health.
(2) Public-private sector partnerships multiply local and
international capacities to strengthen the delivery of health
services in developing countries and to accelerate research for
vaccines and other pharmaceutical products that are essential
to combat infectious diseases decimating the populations of
these countries.
(3) These partnerships maximize the unique capabilities
of each sector while combining financial and other resources,
scientific knowledge, and expertise toward common goals which
neither the public nor the private sector can achieve alone.
22 USC 7621.
Deadline.
President.
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117 STAT. 724
PUBLIC LAW 108–25—MAY 27, 2003
(4) Sustaining existing public-private partnerships and
building new ones are critical to the success of the international
community’s efforts to combat HIV/AIDS and other infectious
diseases around the globe.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the sustainment and promotion of public-private part-
nerships should be a priority element of the strategy pursued
by the United States to combat the HIV/AIDS pandemic and
other global health crises; and
(2) the United States should systematically track the evo-
lution of these partnerships and work with others in the public
and private sector to profile and build upon those models that
are most effective.
SEC. 202. PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS,
TUBERCULOSIS AND MALARIA.
(a) FINDINGS.—The Congress finds as follows:
(1) The establishment of the Global Fund in January 2002
is consistent with the general principles for an international
AIDS trust fund first outlined by the Congress in the Global
AIDS and Tuberculosis Relief Act of 2000 (Public Law 106–
264).
(2) Section 2, Article 5 of the bylaws of the Global Fund
provides for the International Bank for Reconstruction and
Development to serve as the initial collection trustee for the
Global Fund.
(3) The trustee agreement signed between the Global Fund
and the International Bank for Reconstruction and Develop-
ment narrows the range of duties to include receiving and
investing funds from donors, disbursing the funds upon the
instruction of the Global Fund, reporting on trust fund
resources to donors and the Global Fund, and providing an
annual external audit report to the Global Fund.
(b) AUTHORITY FOR UNITED STATES PARTICIPATION.—
(1) UNITED STATES PARTICIPATION.—The United States is
hereby authorized to participate in the Global Fund.
(2) PRIVILEGES AND IMMUNITIES.—The Global Fund shall
be considered a public international organization for purposes
of section 1 of the International Organizations Immunities Act
(22 U.S.C. 288).
(c) REPORTS TO CONGRESS.—Not later than 1 year after the
date of the enactment of this Act, and annually thereafter for
the duration of the Global Fund, the President shall submit to
the appropriate congressional committees a report on the Global
Fund, including contributions pledged to, contributions (including
donations from the private sector) received by, and projects funded
by the Global Fund, and the mechanisms established for trans-
parency and accountability in the grant-making process.
(d) UNITED STATES FINANCIAL PARTICIPATION.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to any
other funds authorized to be appropriated for bilateral or multi-
lateral HIV/AIDS, tuberculosis, or malaria programs, of the
amounts authorized to be appropriated under section 401, there
are authorized to be appropriated to the President up to
$1,000,000,000 for the period of fiscal year 2004 beginning
on January 1, 2004, and such sums as may be necessary for
Deadline.
President.
22 USC 7622.
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PUBLIC LAW 108–25—MAY 27, 2003
the fiscal years 2005–2008, for contributions to the Global
Fund.
(2) AVAILABILITY OF FUNDS.—Amounts appropriated under
paragraph (1) are authorized to remain available until
expended.
(3) REPROGRAMMING OF FISCAL YEAR 2001 FUNDS.—Funds
made available for fiscal year 2001 under section 141 of the
Global AIDS and Tuberculosis Relief Act of 2000—
(A) are authorized to remain available until expended;
and
(B) shall be transferred to, merged with, and made
available for the same purposes as, funds made available
for fiscal years 2004 through 2008 under paragraph (1).
(4) LIMITATION.—
(A)(i) At any time during fiscal years 2004 through
2008, no United States contribution to the Global Fund
may cause the total amount of United States Government
contributions to the Global Fund to exceed 33 percent
of the total amount of funds contributed to the Global
Fund from all sources. Contributions to the Global Fund
from the International Bank for Reconstruction and
Development and the International Monetary Fund shall
not be considered in determining compliance with this para-
graph.
(ii) If, at any time during any of the fiscal years 2004
through 2008, the President determines that the Global
Fund has provided assistance to a country, the government
of which the Secretary of State has determined, for pur-
poses of section 6(j)(1) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided
support for acts of international terrorism, then the United
States shall withhold from its contribution for the next
fiscal year an amount equal to the amount expended by
the Fund to the government of each such country.
(iii) If at any time the President determines that the
expenses of the Governing, Administrative, and Advisory
Bodies (including the Partnership Forum, the Foundation
Board, the Secretariat, and the Technical Review Board)
of the Global Fund exceed 10 percent of the total expendi-
tures of the Fund for any 2-year period, the United States
shall withhold from its contribution for the next fiscal
year an amount equal the to the average annual amount
expended by the Fund for such 2-year period for the
expenses of the Governing, Administrative, and Advisory
Bodies in excess of 10 percent of the total expenditures
of the Fund.
(iv) The President may waive the application of clause
(iii) if the President determines that extraordinary cir-
cumstances warrant such a waiver. No waiver under this
clause may be for any period that exceeds 1 year.
(v) If, at any time during any of the fiscal years 2004
through 2008, the President determines that the salary
of any individual employed by the Global Fund exceeds
the salary of the Vice President of the United States (as
determined under section 104 of title 3, United States
Code) for that fiscal year, then the United States shall
withhold from its contribution for the next fiscal year an
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117 STAT. 726
PUBLIC LAW 108–25—MAY 27, 2003
amount equal to the aggregate amount by which the salary
of each such individual exceeds the salary of the Vice
President of the United States.
(B)(i) Any amount made available under this sub-
section that is withheld by reason of subparagraph (A)(i)
shall be contributed to the Global Fund as soon as prac-
ticable, subject to subparagraph (A)(i), after additional con-
tributions to the Global Fund are made from other sources.
(ii) Any amount made available under this subsection
that is withheld by reason of subparagraph (A)(iii) shall
be transferred to the Activities to Combat HIV/AIDS Glob-
ally Fund and shall remain available under the same terms
and conditions as funds appropriated pursuant to the
authorization of appropriations under section 401 for HIV/
AIDS assistance.
(iii) Any amount made available under this subsection
that is withheld by reason of clause (ii) or (iii) of subpara-
graph (A) is authorized to be made available to carry out
section 104A of the Foreign Assistance Act of 1961 (as
added by section 301 of this Act). Amounts made available
under the preceding sentence are in addition to amounts
appropriated pursuant to the authorization of appropria-
tions under section 401 of this Act for HIV/AIDS assistance.
(C)(i) The President may suspend the application of
subparagraph (A) with respect to a fiscal year if the Presi-
dent determines that an international health emergency
threatens the national security interests of the United
States.
(ii) The President shall notify the Committee on Inter-
national Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate not
less than 5 days before making a determination under
clause (i) with respect to the application of subparagraph
(A)(i) and shall include in the notification—
(I) a justification as to why increased United States
Government contributions to the Global Fund is pref-
erable to increased United States assistance to combat
HIV/AIDS, tuberculosis, and malaria on a bilateral
basis; and
(II) an explanation as to why other government
donors to the Global Fund are unable to provide ade-
quate contributions to the Fund.
(e) INTERAGENCY TECHNICAL REVIEW PANEL.—
(1) ESTABLISHMENT.—The Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, estab-
lished in section 1(f)(1) of the State Department Basic Authori-
ties Act of 1956 (as added by section 102(a) of this Act), shall
establish in the executive branch an interagency technical
review panel.
(2) DUTIES.—The interagency technical review panel shall
serve as a ‘‘shadow’’ panel to the Global Fund by—
(A) periodically reviewing all proposals received by the
Global Fund; and
(B) providing guidance to the United States persons
who are representatives on the panels, committees, and
boards of the Global Fund, on the technical efficacy, suit-
ability, and appropriateness of the proposals, and ensuring
President.
Notification.
Deadline.
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that such persons are fully informed of technical inadequa-
cies or other aspects of the proposals that are inconsistent
with the purposes of this or any other Act relating to
the provision of foreign assistance in the area of AIDS.
(3) MEMBERSHIP.—The interagency technical review panel
shall consist of qualified medical and development experts who
are officers or employees of the Department of Health and
Human Services, the Department of State, and the United
States Agency for International Development.
(4) CHAIR.—The Coordinator referred to in paragraph (1)
shall chair the interagency technical review panel.
(f) MONITORING BY COMPTROLLER GENERAL.—
(1) MONITORING.—The Comptroller General shall monitor
and evaluate projects funded by the Global Fund.
(2) REPORT.—The Comptroller General shall on a biennial
basis shall prepare and submit to the appropriate congressional
committees a report that contains the results of the monitoring
and evaluation described in paragraph (1) for the preceding
2-year period.
(g) PROVISION OF INFORMATION TO CONGRESS.—The Coordinator
of United States Government Activities to Combat HIV/AIDS Glob-
ally shall make available to the Congress the following documents
within 30 days of a request by the Congress for such documents:
(1) All financial and accounting statements for the Global
Fund and the Activities to Combat HIV/AIDS Globally Fund,
including administrative and grantee statements.
(2) Reports provided to the Global Fund and the Activities
to Combat HIV/AIDS Globally Fund by organizations contracted
to audit recipients of funds.
(3) Project proposals submitted by applicants for funding
from the Global Fund and the Activities to Combat HIV/AIDS
Globally Fund, but which were not funded.
(4) Progress reports submitted to the Global Fund and
the Activities to Combat HIV/AIDS Globally Fund by grantees.
(h) SENSE OF THE CONGRESS REGARDING ENCOURAGEMENT OF
PRIVATE CONTRIBUTIONS TO THE GLOBAL FUND.—It is the sense
of the Congress that the President should—
(1) conduct an outreach campaign that is designed to—
(A) inform the public of the existence of—
(i) the Global Fund; and
(ii) any entity that will accept private contributions
intended for use by the Global Fund; and
(B) encourage private contributions to the Global Fund;
and
(2) encourage private contributions intended for use by
the Global Fund by—
(A) establishing and operating an Internet website,
and publishing information about the website; and
(B) making public service announcements on radio and
television.
SEC. 203. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL VACCINE
FUNDS.
(a) VACCINE FUND.—Section 302(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2222(k)) is amended—
Deadline.
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PUBLIC LAW 108–25—MAY 27, 2003
(1) by striking ‘‘$50,000,000 for each of the fiscal years
2001 and 2002’’ and inserting ‘‘such sums as may be necessary
for each of the fiscal years 2004 through 2008’’; and
(2) by striking ‘‘Global Alliance for Vaccines and Immuniza-
tions’’ and inserting ‘‘Vaccine Fund’’.
(b) INTERNATIONAL AIDS VACCINE INITIATIVE.—Section 302(l)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2222(l)) is amended
by striking ‘‘$10,000,000 for each of the fiscal years 2001 and
2002’’ and inserting ‘‘such sums as may be necessary for each
of the fiscal years 2004 through 2008’’.
(c) SUPPORT FOR THE DEVELOPMENT OF MALARIA VACCINE.—
Section 302 of the Foreign Assistance Act of 1961 (22 U.S.C. 2222))
is amended by adding at the end the following new subsection:
‘‘(m) In addition to amounts otherwise available under this
section, there are authorized to be appropriated to the President
such sums as may be necessary for each of the fiscal years 2004
through 2008 to be available for United States contributions to
malaria vaccine development programs, including the Malaria Vac-
cine Initiative of the Program for Appropriate Technologies in
Health (PATH).’’.
TITLE III—BILATERAL EFFORTS
Subtitle A—General Assistance and
Programs
SEC. 301. ASSISTANCE TO COMBAT HIV/AIDS.
(a) AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961.—
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended—
(1) in section 104(c) (22 U.S.C. 2151b(c)), by striking para-
graphs (4) through (7); and
(2) by inserting after section 104 the following new section:
‘‘SEC. 104A. ASSISTANCE TO COMBAT HIV/AIDS.
‘‘(a) FINDING.—Congress recognizes that the alarming spread
of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean,
and other developing countries is a major global health, national
security, development, and humanitarian crisis.
‘‘(b) POLICY.—It is a major objective of the foreign assistance
program of the United States to provide assistance for the preven-
tion, treatment, and control of HIV/AIDS. The United States and
other developed countries should provide assistance to countries
in sub-Saharan Africa, the Caribbean, and other countries and
areas to control this crisis through HIV/AIDS prevention, treatment,
monitoring, and related activities, particularly activities focused
on women and youth, including strategies to protect women and
prevent mother-to-child transmission of the HIV infection.
‘‘(c) AUTHORIZATION.—
‘‘(1) IN GENERAL.—Consistent with section 104(c), the Presi-
dent is authorized to furnish assistance, on such terms and
conditions as the President may determine, for HIV/AIDS,
including to prevent, treat, and monitor HIV/AIDS, and carry
out related activities, in countries in sub-Saharan Africa, the
Caribbean, and other countries and areas.
22 USC
2151b–2.
22 USC 7631.
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‘‘(2) ROLE OF NGOS.—It is the sense of Congress that the
President should provide an appropriate level of assistance
under paragraph (1) through nongovernmental organizations
(including faith-based and community-based organizations) in
countries in sub-Saharan Africa, the Caribbean, and other coun-
tries and areas affected by the HIV/AIDS pandemic.
‘‘(3) COORDINATION OF ASSISTANCE EFFORTS.—The President
shall coordinate the provision of assistance under paragraph
(1) with the provision of related assistance by the Joint United
Nations Programme on HIV/AIDS (UNAIDS), the United
Nations Children’s Fund (UNICEF), the World Health
Organization (WHO), the United Nations Development Pro-
gramme (UNDP), the Global Fund to Fight AIDS, Tuberculosis
and Malaria and other appropriate international organizations
(such as the International Bank for Reconstruction and
Development), relevant regional multilateral development
institutions, national, state, and local governments of foreign
countries, appropriate governmental and nongovernmental
organizations, and relevant executive branch agencies.
‘‘(d) ACTIVITIES SUPPORTED.—Assistance provided under sub-
section (c) shall, to the maximum extent practicable, be used to
carry out the following activities:
‘‘(1) PREVENTION.—Prevention of HIV/AIDS through activi-
ties including—
‘‘(A) programs and efforts that are designed or intended
to impart knowledge with the exclusive purpose of helping
individuals avoid behaviors that place them at risk of HIV
infection, including integration of such programs into
health programs and the inclusion in counseling programs
of information on methods of avoiding infection of HIV,
including delaying sexual debut, abstinence, fidelity and
monogamy, reduction of casual sexual partnering, reducing
sexual violence and coercion, including child marriage,
widow inheritance, and polygamy, and where appropriate,
use of condoms;
‘‘(B) assistance to establish and implement culturally
appropriate HIV/AIDS education and prevention programs
that focus on helping individuals avoid infection of HIV/
AIDS, implemented through nongovernmental organiza-
tions, including faith-based and community-based organiza-
tions, particularly those organizations that utilize both
professionals and volunteers with appropriate skills, experi-
ence, and community presence;
‘‘(C) assistance for the purpose of encouraging men
to be responsible in their sexual behavior, child rearing,
and to respect women;
‘‘(D) assistance for the purpose of providing voluntary
testing and counseling (including the incorporation of con-
fidentiality protections with respect to such testing and
counseling);
‘‘(E) assistance for the purpose of preventing mother-
to-child transmission of the HIV infection, including medi-
cations to prevent such transmission and access to infant
formula and other alternatives for infant feeding;
‘‘(F) assistance to ensure a safe blood supply and sterile
medical equipment;
President.
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‘‘(G) assistance to help avoid substance abuse and
intravenous drug use that can lead to HIV infection; and
(H) assistance for the purpose of increasing women’s
access to employment opportunities, income, productive
resources, and microfinance programs, where appropriate.
‘‘(2) TREATMENT.—The treatment and care of individuals
with HIV/AIDS, including—
‘‘(A) assistance to establish and implement programs
to strengthen and broaden indigenous health care delivery
systems and the capacity of such systems to deliver HIV/
AIDS pharmaceuticals and otherwise provide for the treat-
ment of individuals with HIV/AIDS, including clinical
training for indigenous organizations and health care pro-
viders;
‘‘(B) assistance to strengthen and expand hospice and
palliative care programs to assist patients debilitated by
HIV/AIDS, their families, and the primary caregivers of
such patients, including programs that utilize faith-based
and community-based organizations; and
‘‘(C) assistance for the purpose of the care and treat-
ment of individuals with HIV/AIDS through the provision
of pharmaceuticals, including antiretrovirals and other
pharmaceuticals and therapies for the treatment of
opportunistic infections, nutritional support, and other
treatment modalities.
‘‘(3) PREVENTATIVE INTERVENTION EDUCATION AND TECH-
NOLOGIES.—(A) With particular emphasis on specific popu-
lations that represent a particularly high risk of contracting
or spreading HIV/AIDS, including those exploited through the
sex trade, victims of rape and sexual assault, individuals
already infected with HIV/AIDS, and in cases of occupational
exposure of health care workers, assistance with efforts to
reduce the risk of HIV/AIDS infection including post-exposure
pharmaceutical prophylaxis, and necessary pharmaceuticals
and commodities, including test kits, condoms, and, when
proven effective, microbicides.
‘‘(B) Bulk purchases of available test kits, condoms, and,
when proven effective, microbicides that are intended to reduce
the risk of HIV/AIDS transmission and for appropriate program
support for the introduction and distribution of these commod-
ities, as well as education and training on the use of the
technologies.
‘‘(4) MONITORING.—The monitoring of programs, projects,
and activities carried out pursuant to paragraphs (1) through
(3), including—
‘‘(A) monitoring to ensure that adequate controls are
established and implemented to provide HIV/AIDS pharma-
ceuticals and other appropriate medicines to poor individ-
uals with HIV/AIDS;
‘‘(B) appropriate evaluation and surveillance activities;
‘‘(C) monitoring to ensure that appropriate measures
are being taken to maintain the sustainability of HIV/
AIDS pharmaceuticals (especially antiretrovirals) and
ensure that drug resistance is not compromising the bene-
fits of such pharmaceuticals; and
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‘‘(D) monitoring to ensure appropriate law enforcement
officials are working to ensure that HIV/AIDS pharma-
ceuticals are not diminished through illegal counterfeiting
or black market sales of such pharmaceuticals.
‘‘(5) PHARMACEUTICALS.—
‘‘(A) PROCUREMENT.—The procurement of HIV/AIDS
pharmaceuticals, antiviral therapies, and other appropriate
medicines, including medicines to treat opportunistic infec-
tions.
‘‘(B) MECHANISMS FOR QUALITY CONTROL AND SUSTAIN-
ABLE SUPPLY.—Mechanisms to ensure that such HIV/AIDS
pharmaceuticals, antiretroviral therapies, and other appro-
priate medicines are quality-controlled and sustainably
supplied.
‘‘(C) DISTRIBUTION.—The distribution of such HIV/
AIDS pharmaceuticals, antiviral therapies, and other
appropriate medicines (including medicines to treat
opportunistic infections) to qualified national, regional, or
local organizations for the treatment of individuals with
HIV/AIDS in accordance with appropriate HIV/AIDS
testing and monitoring requirements and treatment proto-
cols and for the prevention of mother-to-child transmission
of the HIV infection.
‘‘(6) RELATED ACTIVITIES.—The conduct of related activities,
including—
‘‘(A) the care and support of children who are orphaned
by the HIV/AIDS pandemic, including services designed
to care for orphaned children in a family environment
which rely on extended family members;
‘‘(B) improved infrastructure and institutional capacity
to develop and manage education, prevention, and treat-
ment programs, including training and the resources to
collect and maintain accurate HIV surveillance data to
target programs and measure the effectiveness of interven-
tions; and
‘‘(C) vaccine research and development partnership pro-
grams with specific plans of action to develop a safe, effec-
tive, accessible, preventive HIV vaccine for use throughout
the world.
‘‘(7) COMPREHENSIVE
HIV/AIDS
PUBLIC-PRIVATE
PARTNER-
SHIPS.—The establishment and operation of public-private part-
nership entities within countries in sub-Saharan Africa, the
Caribbean, and other countries affected by the HIV/AIDS pan-
demic that are dedicated to supporting the national strategy
of such countries regarding the prevention, treatment, and
monitoring of HIV/AIDS. Each such public-private partnership
should—
‘‘(A) support the development, implementation, and
management of comprehensive HIV/AIDS plans in support
of the national HIV/AIDS strategy;
‘‘(B) operate at all times in a manner that emphasizes
efficiency, accountability, and results-driven programs;
‘‘(C) engage both local and foreign development part-
ners and donors, including businesses, government agen-
cies, academic institutions, nongovernmental organizations,
foundations, multilateral development agencies, and faith-
based organizations, to assist the country in coordinating
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117 STAT. 732
PUBLIC LAW 108–25—MAY 27, 2003
and implementing HIV/AIDS prevention, treatment, and
monitoring programs in accordance with its national HIV/
AIDS strategy;
‘‘(D) provide technical assistance, consultant services,
financial 
planning, 
monitoring 
and 
evaluation, 
and
research in support of the national HIV/AIDS strategy;
and
‘‘(E) establish local human resource capacities for the
national HIV/AIDS strategy through the transfer of med-
ical, managerial, leadership, and technical skills.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than January 31 of each year,
the President shall submit to the Committee on Foreign Rela-
tions of the Senate and the Committee on International Rela-
tions of the House of Representatives a report on the
implementation of this section for the prior fiscal year.
‘‘(2) REPORT ELEMENTS.—Each report shall include—
‘‘(A) a description of efforts made by each relevant
executive branch agency to implement the policies set forth
in this section, section 104B, and section 104C;
‘‘(B) a description of the programs established pursuant
to such sections; and
‘‘(C) a detailed assessment of the impact of programs
established pursuant to such sections, including—
‘‘(i)(I) the effectiveness of such programs in
reducing the spread of the HIV infection, particularly
in women and girls, in reducing mother-to-child trans-
mission of the HIV infection, and in reducing mortality
rates from HIV/AIDS; and
‘‘(II) the number of patients currently receiving
treatment for AIDS in each country that receives
assistance under this Act.
‘‘(ii) the progress made toward improving health
care delivery systems (including the training of ade-
quate numbers of staff) and infrastructure to ensure
increased access to care and treatment;
‘‘(iii) with respect to tuberculosis, the increase in
the number of people treated and the increase in
number of tuberculosis patients cured through each
program, project, or activity receiving United States
foreign assistance for tuberculosis control purposes;
and
‘‘(iv) with respect to malaria, the increase in the
number of people treated and the increase in number
of malaria patients cured through each program,
project, or activity receiving United States foreign
assistance for malaria control purposes.
‘‘(f) FUNDING LIMITATION.—Of the funds made available to carry
out this section in any fiscal year, not more than 7 percent may
be used for the administrative expenses of the United States Agency
for International Development in support of activities described
in section 104(c), this section, section 104B, and section 104C.
Such amount shall be in addition to other amounts otherwise avail-
able for such purposes.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) AIDS.—The term ‘AIDS’ means acquired immune defi-
ciency syndrome.
Deadline.
President.
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117 STAT. 733
PUBLIC LAW 108–25—MAY 27, 2003
‘‘(2) HIV.—The term ‘HIV’ means the human immuno-
deficiency virus, the pathogen that causes AIDS.
‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’ means, with respect
to an individual, an individual who is infected with HIV or
living with AIDS.
‘‘(4) RELEVANT EXECUTIVE BRANCH AGENCIES.—The term
‘relevant executive branch agencies’ means the Department
of State, the United States Agency for International Develop-
ment, the Department of Health and Human Services (including
its agencies and offices), and any other department or agency
of the United States that participates in international HIV/
AIDS activities pursuant to the authorities of such department
or agency or this Act.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds available under sec-
tion 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) for such purpose or under any other provision of
that Act, there are authorized to be appropriated to the Presi-
dent, from amounts authorized to be appropriated under section
401, such sums as may be necessary for each of the fiscal
years 2004 through 2008 to carry out section 104A of the
Foreign Assistance Act of 1961, as added by subsection (a).
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available until
expended.
(3) ALLOCATION OF FUNDS.—Of the amount authorized to
be appropriated by paragraph (1) for the fiscal years 2004
through 2008, such sums as may be necessary are authorized
to be appropriated to carry out section 104A(d)(4) of the Foreign
Assistance Act of 1961 (as added by subsection (a)), relating
to the procurement and distribution of HIV/AIDS pharma-
ceuticals.
(c) RELATIONSHIP
TO
ASSISTANCE
PROGRAMS
TO
ENHANCE
NUTRITION.—In recognition of the fact that malnutrition may hasten
the progression of HIV to AIDS and may exacerbate the decline
among AIDS patients leading to a shorter life span, the Adminis-
trator of the United States Agency for International Development
shall, as appropriate—
(1) integrate nutrition programs with HIV/AIDS activities,
generally;
(2) provide, as a component of an anti-retroviral therapy
program, support for food and nutrition to individuals infected
with and affected by HIV/AIDS; and
(3) provide support for food and nutrition for children
affected by HIV/AIDS and to communities and households
caring for children affected by HIV/AIDS.
(d) ELIGIBILITY FOR ASSISTANCE.—An organization that is other-
wise eligible to receive assistance under section 104A of the Foreign
Assistance Act of 1961 (as added by subsection (a)) or under any
other provision of this Act (or any amendment made by this Act)
to prevent, treat, or monitor HIV/AIDS shall not be required, as
a condition of receiving the assistance, to endorse or utilize a
multisectoral approach to combatting HIV/AIDS, or to endorse,
utilize, or participate in a prevention method or treatment program
to which the organization has a religious or moral objection.
(e) LIMITATION.—No funds made available to carry out this
Act, or any amendment made by this Act, may be used to promote
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117 STAT. 734
PUBLIC LAW 108–25—MAY 27, 2003
or advocate the legalization or practice of prostitution or sex traf-
ficking. Nothing in the preceding sentence shall be construed to
preclude the provision to individuals of palliative care, treatment,
or post-exposure pharmaceutical prophylaxis, and necessary
pharmaceuticals and commodities, including test kits, condoms, and,
when proven effective, microbicides.
(f) LIMITATION.—No funds made available to carry out this
Act, or any amendment made by this Act, may be used to provide
assistance to any group or organization that does not have a policy
explicitly opposing prostitution and sex trafficking.
(g) SENSE OF CONGRESS RELATING TO FOOD ASSISTANCE FOR
INDIVIDUALS LIVING WITH HIV/AIDS.—
(1) FINDINGS.—Congress finds the following:
(A) The United States provides more than 60 percent
of all food assistance worldwide.
(B) According to the United Nations World Food Pro-
gram and other United Nations agencies, food insecurity
of individuals infected or living with HIV/AIDS is a major
problem in countries with large populations of such individ-
uals, particularly in African countries.
(C) Although the United States is willing to provide
food assistance to these countries in need, a few of the
countries object to part or all of the assistance because
of fears of benign genetic modifications to the foods.
(D) Healthy and nutritious foods for individuals
infected or living with HIV/AIDS are an important com-
plement to HIV/AIDS medicines for such individuals.
(E) Individuals infected with HIV have higher nutri-
tional requirements than individuals who are not infected
with HIV, particularly with respect to the need for protein.
Also, there is evidence to suggest that the full benefit
of therapy to treat HIV/AIDS may not be achieved in
individuals who are malnourished, particularly in pregnant
and lactating women.
(2) SENSE OF CONGRESS.—It is therefore the sense of Con-
gress that United States food assistance should be accepted
by countries with large populations of individuals infected or
living with HIV/AIDS, particularly African countries, in order
to help feed such individuals.
SEC. 302. ASSISTANCE TO COMBAT TUBERCULOSIS.
(a) AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961.—
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), as amended by section 301 of this Act, is
further amended by inserting after section 104A the following new
section:
‘‘SEC. 104B. ASSISTANCE TO COMBAT TUBERCULOSIS.
‘‘(a) FINDINGS.—Congress makes the following findings:
‘‘(1) Congress recognizes the growing international problem
of tuberculosis and the impact its continued existence has on
those countries that had previously largely controlled the dis-
ease.
‘‘(2) Congress further recognizes that the means exist to
control and treat tuberculosis through expanded use of the
DOTS (Directly Observed Treatment Short-course) treatment
strategy, including DOTS-Plus to address multi-drug resistant
22 USC
2151b–3.
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117 STAT. 735
PUBLIC LAW 108–25—MAY 27, 2003
tuberculosis, and adequate investment in newly created mecha-
nisms to increase access to treatment, including the Global
Tuberculosis Drug Facility established in 2001 pursuant to
the Amsterdam Declaration to Stop TB and the Global Alliance
for TB Drug Development.
‘‘(b) POLICY.—It is a major objective of the foreign assistance
program of the United States to control tuberculosis, including
the detection of at least 70 percent of the cases of infectious tuber-
culosis, and the cure of at least 85 percent of the cases detected,
not later than December 31, 2005, in those countries classified
by the World Health Organization as among the highest tuber-
culosis burden, and not later than December 31, 2010, in all coun-
tries in which the United States Agency for International Develop-
ment has established development programs.
‘‘(c) AUTHORIZATION.—To carry out this section and consistent
with section 104(c), the President is authorized to furnish assist-
ance, on such terms and conditions as the President may determine,
for the prevention, treatment, control, and elimination of tuber-
culosis.
‘‘(d) COORDINATION.—In carrying out this section, the President
shall coordinate with the World Health Organization, the Global
Fund to Fight AIDS, Tuberculosis, and Malaria, and other organiza-
tions with respect to the development and implementation of a
comprehensive tuberculosis control program.
‘‘(e) PRIORITY TO DOTS COVERAGE.—In furnishing assistance
under subsection (c), the President shall give priority to activities
that increase Directly Observed Treatment Short-course (DOTS)
coverage and treatment of multi-drug resistant tuberculosis where
needed using DOTS-Plus, including funding for the Global Tuber-
culosis Drug Facility, the Stop Tuberculosis Partnership, and the
Global Alliance for TB Drug Development. In order to meet the
requirement of the preceding sentence, the President should ensure
that not less than 75 percent of the amount made available to
carry out this section for a fiscal year should be expended for
antituberculosis drugs, supplies, direct patient services, and
training in diagnosis and treatment for Directly Observed Treat-
ment Short-course (DOTS) coverage and treatment of multi-drug
resistant tuberculosis using DOTS-Plus, including substantially
increased funding for the Global Tuberculosis Drug Facility.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) DOTS.—The term ‘DOTS’ or ‘Directly Observed Treat-
ment Short-course’ means the World Health Organization-rec-
ommended strategy for treating tuberculosis.
‘‘(2) DOTS-PLUS.—The term ‘DOTS-Plus’ means a com-
prehensive tuberculosis management strategy that is built upon
and works as a supplement to the standard DOTS strategy,
and which takes into account specific issues (such as use of
second line anti-tuberculosis drugs) that need to be addressed
in areas where there is high prevalence of multi-drug resistant
tuberculosis.
‘‘(3) GLOBAL ALLIANCE FOR TUBERCULOSIS DRUG DEVELOP-
MENT.—The term ‘Global Alliance for Tuberculosis Drug
Development’ means the public-private partnership that brings
together leaders in health, science, philanthropy, and private
industry to devise new approaches to tuberculosis and to ensure
that new medications are available and affordable in high tuber-
culosis burden countries and other affected countries.
President.
President.
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117 STAT. 736
PUBLIC LAW 108–25—MAY 27, 2003
‘‘(4) GLOBAL
TUBERCULOSIS
DRUG
FACILITY.—The term
‘Global Tuberculosis Drug Facility (GDF)’ means the new initia-
tive of the Stop Tuberculosis Partnership to increase access
to high-quality tuberculosis drugs to facilitate DOTS expansion.
‘‘(5) STOP
TUBERCULOSIS
PARTNERSHIP.—The term ‘Stop
Tuberculosis Partnership’ means the partnership of the World
Health Organization, donors including the United States, high
tuberculosis burden countries, multilateral agencies, and non-
governmental and technical agencies committed to short- and
long-term measures required to control and eventually elimi-
nate tuberculosis as a public health problem in the world.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds available under sec-
tion 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) for such purpose or under any other provision of
that Act, there are authorized to be appropriated to the Presi-
dent, from amounts authorized to be appropriated under section
401, such sums as may be necessary for each of the fiscal
years 2004 through 2008 to carry out section 104B of the
Foreign Assistance Act of 1961, as added by subsection (a).
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant to the authorization of appropriations under paragraph
(1) are authorized to remain available until expended.
(3) TRANSFER OF PRIOR YEAR FUNDS.—Unobligated balances
of funds made available for fiscal year 2001, 2002, or 2003
under section 104(c)(7) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)(7) (as in effect immediately before the date
of enactment of this Act) shall be transferred to, merged with,
and made available for the same purposes as funds made
available for fiscal years 2004 through 2008 under paragraph
(1).
SEC. 303. ASSISTANCE TO COMBAT MALARIA.
(a) AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961.—
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), as amended by sections 301 and 302 of this
Act, is further amended by inserting after section 104B the following
new section:
‘‘SEC. 104C. ASSISTANCE TO COMBAT MALARIA.
‘‘(a) FINDING.—Congress finds that malaria kills more people
annually than any other communicable disease except tuberculosis,
that more than 90 percent of all malaria cases are in sub-Saharan
Africa, and that children and women are particularly at risk. Con-
gress recognizes that there are cost-effective tools to decrease the
spread of malaria and that malaria is a curable disease if promptly
diagnosed and adequately treated.
‘‘(b) POLICY.—It is a major objective of the foreign assistance
program of the United States to provide assistance for the preven-
tion, control, and cure of malaria.
‘‘(c) AUTHORIZATION.—To carry out this section and consistent
with section 104(c), the President is authorized to furnish assist-
ance, on such terms and conditions as the President may determine,
for the prevention, treatment, control, and elimination of malaria.
‘‘(d) COORDINATION.—In carrying out this section, the President
shall coordinate with the World Health Organization, the Global
Fund to Fight AIDS, Tuberculosis, and Malaria, the Department
of Health and Human Services (the Centers for Disease Control
President.
22 USC
2151b–4.
22 USC 7632.
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117 STAT. 737
PUBLIC LAW 108–25—MAY 27, 2003
and Prevention and the National Institutes of Health), and other
organizations with respect to the development and implementation
of a comprehensive malaria control program.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds available under sec-
tion 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) for such purpose or under any other provision of
that Act, there are authorized to be appropriated to the Presi-
dent, from amounts authorized to be appropriated under section
401, such sums as may be necessary for fiscal years 2004
through 2008 to carry out section 104C of the Foreign Assist-
ance Act of 1961, as added by subsection (a), including for
the development of anti-malarial pharmaceuticals by the Medi-
cines for Malaria Venture.
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available until
expended.
(3) TRANSFER OF PRIOR YEAR FUNDS.—Unobligated balances
of funds made available for fiscal year 2001, 2002, or 2003
under section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c) (as in effect immediately before the date
of enactment of this Act) and made available for the control
of malaria shall be transferred to, merged with, and made
available for the same purposes as funds made available for
fiscal years 2004 through 2008 under paragraph (1).
(c) CONFORMING AMENDMENT.—Section 104(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)), as amended by section
301 of this Act, is further amended by adding after paragraph
(3) the following:
‘‘(4) RELATIONSHIP TO OTHER LAWS.—Assistance made available
under this subsection and sections 104A, 104B, and 104C, and
assistance made available under chapter 4 of part II to carry
out the purposes of this subsection and the provisions cited in
this paragraph, may be made available notwithstanding any other
provision of law that restricts assistance to foreign countries, except
for the provisions of this subsection, the provisions of law cited
in this paragraph, subsection (f), section 634A of this Act, and
provisions of law that limit assistance to organizations that support
or participate in a program of coercive abortion or involuntary
sterilization included under the Child Survival and Health Pro-
grams Fund heading in the Consolidated Appropriations Resolution,
2003 (Public Law 108–7).’’.
SEC. 304. PILOT PROGRAM FOR THE PLACEMENT OF HEALTH CARE
PROFESSIONALS 
IN 
OVERSEAS 
AREAS 
SEVERELY
AFFECTED BY HIV/AIDS, TUBERCULOSIS, AND MALARIA.
(a) IN GENERAL.—The President should establish a program
to demonstrate the feasibility of facilitating the service of United
States health care professionals in those areas of sub-Saharan
Africa and other parts of the world severely affected by HIV/AIDS,
tuberculosis, and malaria.
(b) REQUIREMENTS.—Participants in the program shall—
(1) provide basic health care services for those infected
and affected by HIV/AIDS, tuberculosis, and malaria in the
area in which they are serving;
President.
22 USC 7634.
22 USC 7633.
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117 STAT. 738
PUBLIC LAW 108–25—MAY 27, 2003
(2) provide on-the-job training to medical and other per-
sonnel in the area in which they are serving to strengthen
the basic health care system of the affected countries;
(3) provide health care educational training for residents
of the area in which they are serving;
(4) serve for a period of up to 3 years; and
(5) meet the eligibility requirements in subsection (d).
(c) ELIGIBILITY REQUIREMENTS.—To be eligible to participate
in the program, a candidate shall—
(1) be a national of the United States who is a trained
health care professional and who meets the educational and
licensure requirements necessary to be such a professional such
as a physician, nurse, physician assistant, nurse practitioner,
pharmacist, other type of health care professional, or other
individual determined to be appropriate by the President; or
(2) be a retired commissioned officer of the Public Health
Service Corps.
(d) RECRUITMENT.—The President shall ensure that information
on the program is widely distributed, including the distribution
of information to schools for health professionals, hospitals, clinics,
and nongovernmental organizations working in the areas of inter-
national health and aid.
(e) PLACEMENT OF PARTICIPANTS.—
(1) IN
GENERAL.—To the maximum extent practicable,
participants in the program shall serve in the poorest areas
of the affected countries, where health care needs are likely
to be the greatest. The decision on the placement of a partici-
pant should be made in consultation with relevant officials
of the affected country at both the national and local level
as well as with local community leaders and organizations.
(2) COORDINATION.—Placement of participants in the pro-
gram shall be coordinated with the United States Agency for
International Development in countries in which that Agency
is conducting HIV/AIDS, tuberculosis, or malaria programs.
Overall coordination of placement of participants in the pro-
gram shall be made by the Coordinator of United States
Government Activities to Combat HIV/AIDS Globally (as
described in section 1(f) of the State Department Basic Authori-
ties Act of 1956 (as added by section 102(a) of this Act)).
(f) INCENTIVES.—The President may offer such incentives as
the President determines to be necessary to encourage individuals
to participate in the program, such as partial payment of principal,
interest, and related expenses on government and commercial loans
for educational expenses relating to professional health training
and, where possible, deferment of repayments on such loans, the
provision of retirement benefits that would otherwise be jeopardized
by participation in the program, and other incentives.
(g) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the President shall submit to the appropriate
congressional committees a report on steps taken to establish the
program, including—
(1) the process of recruitment, including the venues for
recruitment, the number of candidates recruited, the incentives
offered, if any, and the cost of those incentives;
(2) the process, including the criteria used, for the selection
of participants;
Deadline.
President.
President.
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117 STAT. 739
PUBLIC LAW 108–25—MAY 27, 2003
(3) the number of participants placed, the countries in
which they were placed, and why those countries were selected;
and
(4) the potential for expansion of the program.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to amounts otherwise avail-
able for such purpose, there are authorized to be appropriated
to the President, from amounts authorized to be appropriated
under section 401, such sums as may be necessary for each
of the fiscal years 2004 through 2008 to carry out the program.
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant to the authorization of appropriations under paragraph
(1) are authorized to remain available until expended.
SEC. 305. REPORT ON TREATMENT ACTIVITIES BY RELEVANT EXECU-
TIVE BRANCH AGENCIES.
(a) IN GENERAL.—Not later than 15 months after the date
of enactment of this Act, the President shall submit to appropriate
congressional committees a report on the programs and activities
of the relevant executive branch agencies that are directed to the
treatment of individuals in foreign countries infected with HIV
or living with AIDS.
(b) REPORT ELEMENTS.—The report shall include—
(1) a description of the activities of relevant executive
branch agencies with respect to—
(A) the treatment of opportunistic infections;
(B) the use of antiretrovirals;
(C) the status of research into successful treatment
protocols for individuals in the developing world;
(D) technical assistance and training of local health
care workers (in countries affected by the pandemic) to
administer antiretrovirals, manage side effects, and mon-
itor patients’ viral loads and immune status;
(E) the status of strategies to promote sustainability
of HIV/AIDS pharmaceuticals (including antiretrovirals)
and the effects of drug resistance on HIV/AIDS patients;
and
(F) the status of appropriate law enforcement officials
working to ensure that HIV/AIDS pharmaceutical treat-
ment is not diminished through illegal counterfeiting and
black market sales of such pharmaceuticals;
(2) information on existing pilot projects, including a discus-
sion of why a given population was selected, the number of
people treated, the cost of treatment, the mechanisms estab-
lished to ensure that treatment is being administered effectively
and safely, and plans for scaling up pilot projects (including
projected timelines and required resources); and
(3) an explanation of how those activities relate to efforts
to prevent the transmission of the HIV infection.
SEC. 306. STRATEGIES TO IMPROVE INJECTION SAFETY.
Section 307 of the Public Health Service Act (42 U.S.C. 242l)
is amended by adding at the end the following:
‘‘(d) In carrying out immunization programs and other programs
in developing countries for the prevention, treatment, and control
of infectious diseases, including HIV/AIDS, tuberculosis, and
President.
Deadline.
22 USC 7635.
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117 STAT. 740
PUBLIC LAW 108–25—MAY 27, 2003
malaria, the Director of the Centers for Disease Control and Preven-
tion, in coordination with the Coordinator of United States Govern-
ment Activities to Combat HIV/AIDS Globally, the National
Institutes of Health, national and local government, and other
organizations, such as the World Health Organization and the
United Nations Children’s Fund, shall develop and implement effec-
tive strategies to improve injection safety, including eliminating
unnecessary injections, promoting sterile injection practices and
technologies, strengthening the procedures for proper needle and
syringe disposal, and improving the education and information pro-
vided to the public and to health professionals.’’.
SEC. 307. STUDY ON ILLEGAL DIVERSIONS OF PRESCRIPTION DRUGS.
Not later than 180 days after enactment of this Act, the Sec-
retary of Health and Human Services, in coordination with other
agencies, shall submit a report to the Congress that includes the
following:
(1) A thorough accounting of evidence indicating illegal
diversion into the United States of prescription drugs donated
or sold for humanitarian efforts, and an estimate of the extent
of such diversion.
(2) Recommendations to increase the administrative and
enforcement powers of the United States to identify, monitor,
and prevent the illegal diversion into the United States of
prescription drugs donated or sold for humanitarian efforts.
(3) Recommendations and guidelines to advise and provide
technical assistance to developing countries on how to imple-
ment a program that minimizes diversion into the United States
of prescription drugs donated or sold for humanitarian efforts.
Subtitle B—Assistance for Children and
Families
SEC. 311. FINDINGS.
Congress makes the following findings:
(1) Approximately 2,000 children around the world are
infected each day with HIV through mother-to-child trans-
mission. Transmission can occur during pregnancy, labor, and
delivery or through breast feeding. Over 90 percent of these
cases are in developing nations with little or no access to
public health facilities.
(2) Mother-to-child transmission is largely preventable with
the proper application of pharmaceuticals, therapies, and other
public health interventions.
(3) Certain antiretroviral drugs reduce mother-to-child
transmission by nearly 50 percent. Universal availability of
this drug could prevent up to 400,000 infections per year and
dramatically reduce the number of AIDS-related deaths.
(4) At the United Nations Special Session on HIV/AIDS
in June 2001, the United States committed to the specific
goals with respect to the prevention of mother-to-child trans-
mission, including the goals of reducing the proportion of
infants infected with HIV by 20 percent by the year 2005
and by 50 percent by the year 2010, as specified in the Declara-
tion of Commitment on HIV/AIDS adopted by the United
Nations General Assembly at the Special Session.
22 USC 7651.
Deadline.
Reports.
22 USC 7636.
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117 STAT. 741
PUBLIC LAW 108–25—MAY 27, 2003
(5) Several United States Government agencies including
the United States Agency for International Development and
the Centers for Disease Control are already supporting pro-
grams to prevent mother-to-child transmission in resource-poor
nations and have the capacity to expand these programs rapidly
by working closely with foreign governments and nongovern-
mental organizations.
(6) Efforts to prevent mother-to-child transmission can pro-
vide the basis for a broader response that includes care and
treatment of mothers, fathers, and other family members who
are infected with HIV or living with AIDS.
(7) HIV/AIDS has devastated the lives of countless children
and families across the globe. Since the epidemic began, an
estimated 13,200,000 children under the age of 15 have been
orphaned by AIDS, that is they have lost their mother or
both parents to the disease. The Joint United Nations Program
on HIV/AIDS (UNAIDS) estimates that this number will double
by the year 2010.
(8) HIV/AIDS also targets young people between the ages
of 15 to 24, particularly young women, many of whom carry
the burden of caring for family members living with HIV/
AIDS. An estimated 10,300,000 young people are now living
with HIV/AIDS. One-half of all new infections are occurring
among this age group.
SEC. 312. POLICY AND REQUIREMENTS.
(a) POLICY.—The United States Government’s response to the
global HIV/AIDS pandemic should place high priority on the preven-
tion of mother-to-child transmission, the care and treatment of
family members and caregivers, and the care of children orphaned
by AIDS. To the maximum extent possible, the United States
Government should seek to leverage its funds by seeking matching
contributions from the private sector, other national governments,
and international organizations.
(b) REQUIREMENTS.—The 5-year United States Government
strategy required by section 101 of this Act shall—
(1) provide for meeting or exceeding the goal to reduce
the rate of mother-to-child transmission of HIV by 20 percent
by 2005 and by 50 percent by 2010;
(2) include programs to make available testing and treat-
ment to HIV-positive women and their family members,
including drug treatment and therapies to prevent mother-
to-child transmission; and
(3) expand programs designed to care for children orphaned
by AIDS.
SEC. 313. ANNUAL REPORTS ON PREVENTION OF MOTHER-TO-CHILD
TRANSMISSION OF THE HIV INFECTION.
(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for a period of
5 years, the President shall submit to appropriate congressional
committees a report on the activities of relevant executive branch
agencies during the reporting period to assist in the prevention
of mother-to-child transmission of the HIV infection.
(b) REPORT ELEMENTS.—Each report shall include—
(1) a statement of whether or not all relevant executive
branch agencies have met the goal described in section
312(b)(1); and
Deadline.
President.
22 USC 7653.
22 USC 7652.
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117 STAT. 742
PUBLIC LAW 108–25—MAY 27, 2003
(2) a description of efforts made by the relevant executive
branch agencies to expand those activities, including—
(A) information on the number of sites supported for
the prevention of mother-to-child transmission of the HIV
infection;
(B) the specific activities supported;
(C) the number of women tested and counseled; and
(D) the number of women receiving preventative drug
therapies.
(c) REPORTING PERIOD DEFINED.—In this section, the term
‘‘reporting period’’ means, in the case of the initial report, the
period since the date of enactment of this Act and, in the case
of any subsequent report, the period since the date of submission
of the most recent report.
SEC. 314. PILOT PROGRAM OF ASSISTANCE FOR CHILDREN AND FAMI-
LIES AFFECTED BY HIV/AIDS.
(a) IN GENERAL.—The President, acting through the United
States Agency for International Development, should establish a
program of assistance that would demonstrate the feasibility of
the provision of care and treatment to orphans and other children
and young people affected by HIV/AIDS in foreign countries.
(b) PROGRAM REQUIREMENTS.—The program should—
(1) build upon and be integrated into programs adminis-
tered as of the date of enactment of this Act by the relevant
executive branch agencies for children affected by HIV/AIDS;
(2) work in conjunction with indigenous community-based
programs and activities, particularly those that offer proven
services for children;
(3) reduce the stigma of HIV/AIDS to encourage vulnerable
children infected with HIV or living with AIDS and their family
members and caregivers to avail themselves of voluntary coun-
seling and testing, and related programs, including treatments;
(4) ensure the importance of inheritance rights of women,
particularly women in African countries, due to the exponential
growth in the number of young widows, orphaned girls, and
grandmothers becoming heads of households as a result of
the HIV/AIDS pandemic;
(5) provide, in conjunction with other relevant executive
branch agencies, the range of services for the care and treat-
ment, including the provision of antiretrovirals and other nec-
essary pharmaceuticals, of children, parents, and caregivers
infected with HIV or living with AIDS;
(6) provide nutritional support and food security, and the
improvement of overall family health;
(7) work with parents, caregivers, and community-based
organizations to provide children with educational opportuni-
ties; and
(8) provide appropriate counseling and legal assistance for
the appointment of guardians and the handling of other issues
relating to the protection of children.
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the President should submit a report on the
implementation of this section to the appropriate congressional
committees. Such report should include a description of activities
undertaken to carry out subsection (b)(4).
(d) AUTHORIZATION OF APPROPRIATIONS.—
Deadline.
President.
President.
22 USC 7654.
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117 STAT. 743
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(1) IN GENERAL.—In addition to amounts otherwise avail-
able for such purpose, there are authorized to be appropriated
to the President, from amounts authorized to be appropriated
under section 401, such sums as may be necessary for each
of the fiscal years 2004 through 2008 to carry out the program.
A significant percentage of the amount appropriated pursuant
to the authorization of appropriations under the preceding sen-
tence for a fiscal year should be made available to carry out
subsection (b)(4).
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available until
expended.
SEC. 315. PILOT PROGRAM ON FAMILY SURVIVAL PARTNERSHIPS.
(a) PURPOSE.—The purpose of this section is to authorize the
President to establish a program, through a public-private partner-
ship, for the provision of medical care and support services to
HIV positive parents and their children identified through existing
programs to prevent mother-to-child transmission of HIV in coun-
tries with or at risk for severe HIV epidemic with particular atten-
tion to resource constrained countries.
(b) GRANTS.—
(1) IN GENERAL.—The President is authorized to establish
a program for the award of grants to eligible administrative
organizations to enable such organizations to award subgrants
to eligible entities to expand activities to prevent the mother-
to-child transmission of HIV by providing medical care and
support services to HIV infected parents and their children.
(2) USE
OF
FUNDS.—Amounts provided under a grant
awarded under paragraph (1) shall be used—
(A) to award subgrants to eligible entities to enable
such entities to carry out activities described in subsection
(c);
(B) for administrative support and subgrant manage-
ment;
(C) for administrative data collection and reporting
concerning grant activities;
(D) for the monitoring and evaluation of grant activi-
ties;
(E) for training and technical assistance for sub-
grantees; and
(F) to promote sustainability.
(c) SUBGRANTS.—
(1) IN GENERAL.—An organization awarded a grant under
subsection (b) shall use amounts received under the grant to
award subgrants to eligible entities.
(2) ELIGIBILITY.—To be eligible to receive a subgrant under
paragraph (1), an entity shall—
(A) be a local health organization, an international
organization, or a partnership of such organizations; and
(B) demonstrate to the awarding organization that such
entity—
(i) is currently administering a proven intervention
to prevent mother-to-child transmission of HIV in coun-
tries with or at risk for severe HIV epidemic with
particular attention to resource constrained countries,
as determined by the President;
President.
22 USC 7655.
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117 STAT. 744
PUBLIC LAW 108–25—MAY 27, 2003
(ii) has demonstrated support for the proposed pro-
gram from relevant government entities; and
(iii) is able to provide HIV care, including
antiretroviral treatment when medically indicated, to
HIV positive women, men, and children with the sup-
port of the project funding.
(3) LOCAL HEALTH AND INTERNATIONAL ORGANIZATIONS.—
For purposes of paragraph (2)(A)—
(A) the term ‘‘local health organization’’ means a public
sector 
health 
system, 
nongovernmental 
organization,
institution of higher education, community-based organiza-
tion, or nonprofit health system that provides directly,
or has a clear link with a provider for the indirect provision
of, primary health care services; and
(B) the term ‘‘international organization’’ means—
(i) a nonprofit international entity;
(ii) an international charitable institution;
(iii) a private voluntary international entity; or
(iv) a multilateral institution.
(4) PRIORITY REQUIREMENT.—In awarding subgrants under
this subsection, the organization shall give priority to eligible
applicants that are currently administering a program of proven
intervention to HIV positive individuals to prevent mother-
to-child transmission in countries with or at risk for severe
HIV epidemic with particular attention to resource constrained
countries, and who are currently administering a program to
HIV positive women, men, and children to provide life-long
care in family-centered care programs using non-Federal funds.
(5) SELECTION OF SUBGRANT RECIPIENTS.—In awarding sub-
grants under this subsection, the organization should—
(A) consider applicants from a range of health care
settings, program approaches, and geographic locations;
and
(B) if appropriate, award not less than 1 grant to
an applicant to fund a national system of health care
delivery to HIV positive families.
(6) USE OF SUBGRANT FUNDS.—An eligible entity awarded
a subgrant under this subsection shall use subgrant funds
to expand activities to prevent mother-to-child transmission
of HIV by providing medical treatment and care and support
services to parents and their children, which may include—
(A) providing treatment and therapy, when medically
indicated, to HIV-infected women, their children, and fami-
lies;
(B) the hiring and training of local personnel, including
physicians, nurses, other health care providers, counselors,
social workers, outreach personnel, laboratory technicians,
data managers, and administrative support personnel;
(C) paying laboratory costs, including costs related to
necessary equipment and diagnostic testing and monitoring
(including rapid testing), complete blood counts, standard
chemistries, and liver function testing for infants, children,
and parents, and costs related to the purchase of necessary
laboratory equipment;
(D) purchasing pharmaceuticals for HIV-related condi-
tions, including antiretroviral therapies;
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117 STAT. 745
PUBLIC LAW 108–25—MAY 27, 2003
(E) funding support services, including adherence and
psychosocial support services;
(F) operational support activities; and
(G) conducting community outreach and capacity
building activities, including activities to raise the aware-
ness of individuals of the program carried out by the sub-
grantee, other communications activities in support of the
program, local advisory board functions, and transportation
necessary to ensure program participation.
(d) REPORTS.—The President shall require that each organiza-
tion awarded a grant under subsection (b)(1) to submit an annual
report that includes—
(1) the progress of programs funded under this section;
(2) the benchmarks of success of programs funded under
this section; and
(3) recommendations of how best to proceed with the pro-
grams funded under this section upon the expiration of funding
under subsection (e).
(e) FUNDING.—There are authorized to be appropriated to the
President, from amounts authorized to be appropriated under sec-
tion 401, such sums as may be necessary for each of the fiscal
years 2004 through 2008 to carry out the program.
(f) LIMITATION ON ADMINISTRATIVE EXPENSES.—An organization
shall ensure that not more than 7 percent of the amount of a
grant received under this section by the organization is used for
administrative expenses.
TITLE IV—AUTHORIZATION OF
APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the President to carry out this Act and the amendments made
by this Act $3,000,000,000 for each of the fiscal years 2004 through
2008.
(b) AVAILABILITY.—Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) are authorized
to remain available until expended.
(c) AVAILABILITY OF AUTHORIZATIONS.—Authorizations of appro-
priations under subsection (a) shall remain available until the
appropriations are made.
SEC. 402. SENSE OF CONGRESS.
(a) INCREASE IN HIV/AIDS ANTIRETROVIRAL TREATMENT.—It
is a sense of the Congress that an urgent priority of United States
assistance programs to fight HIV/AIDS should be the rapid increase
in distribution of antiretroviral treatment so that—
(1) by the end of fiscal year 2004, at least 500,000 individ-
uals with HIV/AIDS are receiving antiretroviral treatment
through United States assistance programs;
(2) by the end of fiscal year 2005, at least 1,000,000 such
individuals are receiving such treatment; and
(3) by the end of fiscal year 2006, at least 2,000,000 such
individuals are receiving such treatment.
(b) EFFECTIVE DISTRIBUTION OF HIV/AIDS FUNDS.—It is the
sense of Congress that, of the amounts appropriated pursuant to
22 USC 7672.
22 USC 7671.
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117 STAT. 746
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the authorization of appropriations under section 401 for HIV/
AIDS assistance, an effective distribution of such amounts would
be—
(1) 55 percent of such amounts for treatment of individuals
with HIV/AIDS;
(2) 15 percent of such amounts for palliative care of individ-
uals with HIV/AIDS;
(3) 20 percent of such amounts for HIV/AIDS prevention
consistent with section 104A(d) of the Foreign Assistance Act
of 1961 (as added by section 301 of this Act), of which such
amount at least 33 percent should be expended for abstinence-
until-marriage programs; and
(4) 10 percent of such amounts for orphans and vulnerable
children.
SEC. 403. ALLOCATION OF FUNDS.
(a) THERAPEUTIC MEDICAL CARE.—For fiscal years 2006 through
2008, not less than 55 percent of the amounts appropriated pursu-
ant to the authorization of appropriations under section 401 for
HIV/AIDS assistance for each such fiscal year shall be expended
for therapeutic medical care of individuals infected with HIV, of
which such amount at least 75 percent should be expended for
the purchase and distribution of antiretroviral pharmaceuticals and
at least 25 percent should be expended for related care. For fiscal
years 2006 through 2008, not less than 33 percent of the amounts
appropriated pursuant to the authorization of appropriations under
section 401 for HIV/AIDS prevention consistent with section 104A(d)
of the Foreign Assistance Act of 1961 (as added by section 301
of this Act) for each such fiscal year shall be expended for
abstinence-until-marriage programs.
(b) ORPHANS
AND VULNERABLE CHILDREN.—For fiscal years
2006 through 2008, not less than 10 percent of the amounts appro-
priated pursuant to the authorization of appropriations under sec-
tion 401 for HIV/AIDS assistance for each such fiscal year shall
be expended for assistance for orphans and vulnerable children
affected by HIV/AIDS, of which such amount at least 50 percent
shall be provided through non-profit, nongovernmental organiza-
tions, including faith-based organizations, that implement programs
on the community level.
SEC. 404. ASSISTANCE FROM THE UNITED STATES PRIVATE SECTOR
TO PREVENT AND REDUCE HIV/AIDS IN SUB-SAHARAN
AFRICA.
It is the sense of Congress that United States businesses should
be encouraged to provide assistance to sub-Saharan African coun-
tries to prevent and reduce the incidence of HIV/AIDS in sub-
Saharan Africa. In providing such assistance, United States
businesses should be encouraged to consider the establishment of
an HIV/AIDS Response Fund in order to provide for coordination
among such businesses in the collection and distribution of the
assistance to sub-Saharan African countries.
22 USC 7674.
22 USC 7673.
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TITLE V—INTERNATIONAL FINANCIAL
INSTITUTIONS
SEC. 501. MODIFICATION OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p–262p–7) is amended by adding at the end the following
new section:
‘‘SEC. 1625. MODIFICATION OF THE ENHANCED HIPC INITIATIVE.
‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury should
immediately commence efforts within the Paris Club of Official
Creditors, the International Bank for Reconstruction and
Development, the International Monetary Fund, and other
appropriate multilateral development institutions to modify the
Enhanced HIPC Initiative so that the amount of debt stock
reduction approved for a country eligible for debt relief under
the Enhanced HIPC Initiative shall be sufficient to reduce,
for each of the first 3 years after the date of enactment of
this section or the Decision Point, whichever is later—
‘‘(A) the net present value of the outstanding public
and publicly guaranteed debt of the country—
‘‘(i) as of the decision point if the country has
already reached its decision point; or
‘‘(ii) as of the date of enactment of this Act, if
the country has not reached its decision point,
to not more than 150 percent of the annual value of exports
of the country for the year preceding the Decision Point;
and
‘‘(B) the annual payments due on such public and
publicly guaranteed debt to not more than—
‘‘(i) 10 percent or, in the case of a country suffering
a public health crisis (as defined in subsection (e)),
not more than 5 percent, of the amount of the annual
current revenues received by the country from internal
resources; or
‘‘(ii) a percentage of the gross national product
of the country, or another benchmark, that will yield
a result substantially equivalent to that which would
be achieved through application of subparagraph (A).
‘‘(2) LIMITATION.—In financing the objectives of the
Enhanced HIPC Initiative, an international financial institution
shall give priority to using its own resources.
‘‘(b) RELATION TO POVERTY AND THE ENVIRONMENT.—Debt can-
cellation under the modifications to the Enhanced HIPC Initiative
described in subsection (a) should not be conditioned on any agree-
ment by an impoverished country to implement or comply with
policies that deepen poverty or degrade the environment, including
any policy that—
‘‘(1) implements or extends user fees on primary education
or primary health care, including prevention and treatment
efforts for HIV/AIDS, tuberculosis, malaria, and infant, child,
and maternal well-being;
‘‘(2) provides for increased cost recovery from poor people
to finance basic public services such as education, health care,
clean water, or sanitation;
22 USC 262p–8.
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‘‘(3) reduces the country’s minimum wage to a level of
less than $2 per day or undermines workers’ ability to exercise
effectively their internationally recognized worker rights, as
defined under section 526(e) of the Foreign Operations, Export
Financing and Related Programs Appropriations Act, 1995 (22
U.S.C. 262p–4p); or
‘‘(4) promotes unsustainable extraction of resources or
results in reduced budget support for environmental programs.
‘‘(c) CONDITIONS.—A country shall not be eligible for cancella-
tion of debt under modifications to the Enhanced HIPC Initiative
described in subsection (a) if the government of the country—
‘‘(1) has an excessive level of military expenditures;
‘‘(2) has repeatedly provided support for acts of inter-
national terrorism, as determined by the Secretary of State
under section 6(j)(1) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a));
‘‘(3) is failing to cooperate on international narcotics control
matters; or
‘‘(4) engages in a consistent pattern of gross violations
of internationally recognized human rights (including its mili-
tary or other security forces).
‘‘(d) PROGRAMS
TO
COMBAT
HIV/AIDS 
AND
POVERTY.—A
country that is otherwise eligible to receive cancellation of debt
under the modifications to the Enhanced HIPC Initiative described
in subsection (a) may receive such cancellation only if the country
has agreed—
‘‘(1) to ensure that the financial benefits of debt cancellation
are applied to programs to combat HIV/AIDS and poverty,
in particular through concrete measures to improve basic serv-
ices in health, education, nutrition, and other development
priorities, and to redress environmental degradation;
‘‘(2) to ensure that the financial benefits of debt cancellation
are in addition to the government’s total spending on poverty
reduction for the previous year or the average total of such
expenditures for the previous 3 years, whichever is greater;
‘‘(3) to implement transparent and participatory policy-
making and budget procedures, good governance, and effective
anticorruption measures; and
‘‘(4) to broaden public participation and popular under-
standing of the principles and goals of poverty reduction.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) COUNTRY SUFFERING A PUBLIC HEALTH CRISIS.—The
term ‘country suffering a public health crisis’ means a country
in which the HIV/AIDS infection rate, as reported in the most
recent epidemiological data for that country compiled by the
Joint United Nations Program on HIV/AIDS, is at least 5
percent among women attending prenatal clinics or more than
20 percent among individuals in groups with high-risk behavior.
‘‘(2) DECISION POINT.—The term ‘Decision Point’ means the
date on which the executive boards of the International Bank
for Reconstruction and Development and the International
Monetary Fund review the debt sustainability analysis for a
country and determine that the country is eligible for debt
relief under the Enhanced HIPC Initiative.
‘‘(3) ENHANCED
HIPC
INITIATIVE.—The term ‘Enhanced
HIPC Initiative’ means the multilateral debt initiative for
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heavily indebted poor countries presented in the Report of
G–7 Finance Ministers on the Cologne Debt Initiative to the
Cologne Economic Summit, Cologne, June 18–20, 1999.’’.
SEC. 502. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC
COUNTRIES.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit
to Congress a report on—
(1) the options and costs associated with the expansion
of debt relief provided by the Enhanced HIPC Initiative to
include poor countries that were not eligible for inclusion in
the Enhanced HIPC Initiative;
(2) options for burden-sharing among donor countries and
multilateral institutions of costs associated with the expansion
of debt relief; and
(3) options, in addition to debt relief, to ensure debt sustain-
ability in poor countries, particularly in cases when the poor
country has suffered an external economic shock or a natural
disaster.
(b) SPECIFIC OPTIONS TO BE CONSIDERED.—Among the options
for the expansion of debt relief provided by the Enhanced HIPC
Initiative, consideration should be given to making eligible for that
relief poor countries for which outstanding public and publicly
guaranteed debt requires annual payments in excess of 10 percent
or, in the case of a country suffering a public health crisis (as
defined in section 1625(e) of the Financial Institutions Act, as
added by section 501 of this Act), not more than 5 percent, of
the amount of the annual current revenues received by the country
from internal resources.
(c) ENHANCED HIPC INITIATIVE DEFINED.—In this section, the
term ‘‘Enhanced HIPC Initiative’’ means the multilateral debt initia-
tive for heavily indebted poor countries presented in the Report
of G–7 Finance Ministers on the Cologne Debt Initiative to the
Cologne Economic Summit, Cologne, June 18–20, 1999.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the President such sums as may be necessary for the fiscal year
2004 and each fiscal year thereafter to carry out section 1625
of the International Financial Institutions Act, as added by section
501 of this Act.
22 USC 7682.
Deadline.
22 USC 7681.
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117 STAT. 750
PUBLIC LAW 108–25—MAY 27, 2003
LEGISLATIVE HISTORY—H.R. 1298 (S. 1009):
HOUSE REPORTS: No. 108–60 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
May 1, considered and passed House.
May 15, considered and passed Senate, amended.
May 21, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
May 27, Presidential remarks.
(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant
to subsection (a) are authorized to remain available until expended.
Approved May 27, 2003.
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