[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2069 Engrossed in House (EH)]


  1st Session

                               H. R. 2069

_______________________________________________________________________

                                 AN ACT

  To amend the Foreign Assistance Act of 1961 and the Global AIDS and 
  Tuberculosis Relief Act of 2000 to authorize assistance to prevent, 
treat, and monitor HIV/AIDS in sub-Saharan African and other developing 
                               countries.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 2069

_______________________________________________________________________

                                 AN ACT


 
  To amend the Foreign Assistance Act of 1961 and the Global AIDS and 
  Tuberculosis Relief Act of 2000 to authorize assistance to prevent, 
treat, and monitor HIV/AIDS in sub-Saharan African and other developing 
                               countries.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Access to HIV/AIDS 
Prevention, Awareness, Education, and Treatment Act of 2001''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) According to the Joint United Nations Programme on HIV/
        AIDS (UNAIDS) more than 58,000,000 people worldwide have 
        already been infected with HIV/AIDS, a fatal disease that is 
        devastating the health and economies in dozens of countries in 
        Africa and increasingly in Asia, the Caribbean region, and 
        Eastern Europe.
            (2) The HIV/AIDS pandemic has erased decades of progress in 
        improving the lives of families in the developing world and has 
        claimed 22,000,000 lives since its inception.
            (3) More than 17,000,000 individuals have died from HIV/
        AIDS in sub-Saharan Africa alone.
            (4) The HIV/AIDS pandemic in sub-Saharan Africa has grown 
        beyond an international public health issue to become a 
        humanitarian, national security, and developmental crisis.
            (5) The HIV/AIDS pandemic is striking hardest among women 
        and girls. According to UNAIDS, by the end of 2000, fifty-five 
        percent of the HIV-positive population in sub-Saharan Africa 
        and 40 percent of such population in North Africa and the 
        Middle East were women, infected mainly through heterosexual 
        transmission. In Africa, 6 out of 7 children who are HIV 
        positive are girls.
            (6) An estimated 1,400,000 children under age 15 were 
        living with HIV/AIDS at the end of 2000, of which 1,100,000 
        were children living in sub-Saharan Africa. An estimated 
        500,000 children died of AIDS during 2000, of which 440,000 
        were children in sub-Saharan Africa. In addition there are an 
        estimated 13,200,000 children worldwide who have lost one or 
        both of their parents to HIV/AIDS, of which 12,100,000 are 
        children in sub-Saharan Africa.
            (7) Mother-to-child transmission is the largest source of 
        HIV infection in children under age 15 and the only source for 
        very young children. The total number of births to HIV-infected 
        pregnant women each year in developing countries is 
        approximately 700,000.
            (8) Counseling and voluntary testing are critical services 
        to help infected women accept their HIV status and the risk it 
        poses to their unborn child. Mothers who are aware of their 
        status can make informed decisions about treatment, replacement 
        feeding, and future child-bearing.
            (9) Although the HIV/AIDS pandemic has impacted the sub-
        Saharan Africa disproportionately, HIV infection rates are 
        rising rapidly in India and other South Asian countries, 
        Brazil, Russia, Eastern European countries, and Caribbean 
        countries, and pose a serious threat to the security and 
        stability in those countries.
            (10) By 2010, it is estimated that approximately 40,000,000 
        children worldwide will have lost one or both of their parents 
        to HIV/AIDS.
            (11) In January 2000, the United States National 
        Intelligence Council estimates that this dramatic increase in 
        AIDS orphans will contribute to economic decay, social 
        fragmentation, and political destabilization in already 
        volatile and strained societies. Children without care or hope 
        are often drawn into prostitution, crime, substance abuse or 
        child soldiery. The Council also stated that, in addition to 
        the reduction of economic activity caused by HIV/AIDS to date, 
        the disease could reduce GDP by as much as 20 percent or more 
        by 2010 in some countries in sub-Saharan Africa.
            (12) The HIV/AIDS epidemic is not just a health crisis but 
        is directly linked to development problems, including chronic 
        poverty, food security and personal debt that are reflected in 
        the capacity of affected households, often headed by elders or 
        orphaned children, to meet basic needs. Similarly, heavily-
        indebted countries are stripped of the resources necessary to 
        improve health care delivery systems and infrastructure and to 
        prevent, treat, and care for individuals affected by HIV/AIDS.
            (13) On March 7, 2001, the United States Secretary of State 
        testified before Congress that the United States has an 
        obligation `` . . . if we believe in democracy and freedom, to 
        stop this catastrophe from destroying whole economies and 
        families and societies and cultures and nations''.
            (14) A continuing priority for responding to the HIV/AIDS 
        crisis should be to emphasize and encourage awareness, 
        education, and prevention, including prevention activities that 
        promote behavioral change, while recognizing that behavioral 
        change alone will not conquer this disease. In so doing, 
        priority and support should be given to building capacity in 
        the local public health sector through technical assistance as 
        well as through nongovernmental organizations, including faith-
        based organizations where practicable.
            (15) Effective use should be made of existing health care 
        systems to provide treatment for individuals suffering from 
        HIV/AIDS.
            (16) Many countries in Africa facing health crises, 
        including high HIV/AIDS infection rates, already have well-
        developed and high functioning health care systems. Additional 
        resources to expand and improve capacity to respond to these 
        crises can easily be absorbed by the private and public 
        sectors, as well as by nongovernmental organizations, 
        community-based organizations, and faith-based organizations 
        currently engaged in combatting the crises.
            (17) An effective response to the HIV/AIDS pandemic must 
        also involve assistance to stimulate the development of sound 
        health care delivery systems and infrastructure in countries in 
        sub-Saharan Africa and other developing countries, including 
        assistance to increase the capacity and technical skills of 
        local public health professionals and other personnel in such 
        countries, and improved access to treatment and care for those 
        already infected with HIV/AIDS.
            (18) Access to effective treatment for HIV/AIDS is 
        determined by issues of price, health care delivery system and 
        infrastructure, and sustainable financing and such access can 
        be inhibited by the stigma and discrimination associated with 
        HIV/AIDS.
            (19) The HIV/AIDS crisis must be addressed by a robust, 
        multilateral approach such as the one envisioned by the 
        Congress in the Global AIDS and Tuberculosis Relief Act of 
        2000, which directed the United States Government to seek to 
        negotiate the creation of an international HIV/AIDS trust fund 
        involving the World Bank.
            (20) The Secretary General of the United Nations has called 
        for a global fund to halt and reverse the spread of HIV/AIDS 
        and other infectious diseases. The Secretary General has also 
        called for annual expenditures of $7,000,000,000 to 
        $10,000,000,000, financed by donor governments and private 
        contributors, for all efforts to combat the HIV/AIDS pandemic 
        and, equally important, called on leaders from developing 
        countries to give a much higher priority in their budgets to 
        development of comprehensive health systems.
            (21) The Administration has advocated a fiduciary role for 
        the World Bank in the Global Fund to Fight AIDS, Tuberculosis, 
        and Malaria and the Transitional Working Group for that fund 
        has decided to invite the World Bank to play such a role.
            (22) An effective United States response to the HIV/AIDS 
        crisis must also focus on the development of HIV/AIDS vaccines 
        to prevent the spread of the disease as well as the development 
        of microbicides, effective diagnostics, and simpler treatments.
            (23) The innovative capacity of the United States in the 
        commercial and public pharmaceutical research sectors is among 
        the foremost in the world, and the active participation of both 
        these sectors should be supported as it is critical to combat 
        the global HIV/AIDS pandemic.
            (24) Appropriate treatment of individuals with HIV/AIDS can 
        prolong the lives of such individuals, preserve their families 
        and prevent children from becoming orphans, and increase 
        productivity 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.
            (25) United States nongovernmental organizations, including 
        faith-based organizations, with experience in healthcare and 
        HIV/AIDS counseling, have proven effective in combatting the 
        HIV/AIDS pandemic and can be a resource in assisting sub-
        Saharan African leaders of traditional, political, business, 
        and women and youth organizations in their efforts to provide 
        treatment and care for individuals infected with HIV/AIDS.
            (26) Most of the HIV infected poor of the developing world 
        die of deadly diseases such as tuberculosis and malaria. 
        Accordingly, effective HIV/AIDS treatment programs should 
        address the growing threat and spread of tuberculosis, malaria, 
        and other infectious diseases in the developing world.
            (27) Law enforcement and military personnel of foreign 
        countries often have a high rate of prevalence of HIV/AIDS, and 
        therefore, in order to be effective, HIV/AIDS awareness, 
        prevention, and education programs must include education and 
        related services to such law enforcement and military 
        personnel.
            (28) Microenterprise development and other income 
        generation programs assist communities afflicted by the HIV/
        AIDS pandemic and increase the productive capacity of 
        communities and afflicted households. Microenterprise programs 
        are also an effective means to support the productive 
        activities of healthy family members caring for the sick and 
        orphaned. Such programs should give priority to women infected 
        with the AIDS virus or in HIV/AIDS affected families, 
        particularly women in high-risk categories.
            (29) The exploding global HIV/AIDS pandemic has created new 
        challenges for United States bilateral assistance programs and 
        will require a substantial increase in the capacity of the 
        United States Agency for International Development and other 
        agencies of the United States to manage and monitor bilateral 
        HIV/AIDS programs and resources. To meet this challenge, the 
        Agency will need to recruit and retain appropriate technical 
        expertise in the United States as well as in foreign countries 
        to help develop and implement HIV/AIDS strategies in concert 
        with multilateral agencies, host country governments, and 
        nongovernmental organizations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1)(A) combatting the HIV/AIDS pandemic in countries in 
        sub-Saharan Africa and other developing countries should be a 
        global effort and include the financial support of all 
        developed countries and the cooperation of governments and the 
        private sector, including faith-based organizations; and
            (B) the United States should provide additional funds for 
        multilateral programs and efforts to combat HIV/AIDS and also 
        seek to leverage public and private resources to combat HIV/
        AIDS on a global basis through the Global Development Alliance 
        Initiative of the United States Agency for International 
        Development and other public and private partnerships with an 
        emphasis on HIV/AIDS awareness, education, prevention, and 
        treatment programs;
            (2)(A) in addition to HIV/AIDS awareness, education, and 
        prevention programs, the United States Government should make 
        its best efforts to support programs that safely make available 
        to public and private entities in countries in sub-Saharan 
        Africa and other developing countries pharmaceuticals and 
        diagnostics for HIV/AIDS therapy in order--
                    (i) to effectively and safely assist such countries 
                in the delivery of HIV/AIDS therapy pharmaceuticals 
                through the establishment of adequate health care 
                delivery systems and treatment monitoring programs; and
                    (ii) to provide treatment for poor individuals with 
                HIV/AIDS in such countries; and
            (B) in carrying out such programs, priority consideration 
        for participation should be given to countries in sub-Saharan 
        Africa;
            (3)(A) combatting the HIV/AIDS pandemic requires that 
        United States Government programs place a priority on the 
        vulnerable populations at greatest risk for contracting HIV;
            (B) these populations should be determined through 
        qualitative and quantitative assessments at the local level by 
        local government, nongovernmental organizations, people living 
        with HIV/AIDS, and other relevant sectors of civil society; and
            (C) such assessments should be included in national HIV/
        AIDS strategies;
            (4) the United States should promote efforts to expand and 
        develop programs that support the growing number of children 
        orphaned by the HIV/AIDS pandemic;
            (5) in countries where the United States Government is 
        conducting HIV/AIDS awareness, prevention, and education 
        programs, such programs should include education and related 
        services to law enforcement and military personnel of foreign 
        countries to prevent and control HIV/AIDS, malaria, and 
        tuberculosis;
            (6) prevention and treatment for HIV/AIDS should be a 
        component of a comprehensive international effort to combat 
        deadly infectious diseases, including malaria and tuberculosis, 
        and opportunistic infections, that kill millions annually in 
        the developing world;
            (7) programs developed by the United States Agency for 
        International Development to address the HIV/AID pandemic 
        should preserve personal privacy and confidentiality, should 
        not include compulsory HIV/AIDS testing, and should not be 
        discriminatory;
            (8)(A) the United States Agency for International 
        Development should carry out HIV/AIDS awareness, prevention, 
        and treatment programs in conjunction with effective 
        international tuberculosis and malaria treatment programs and 
        with programs that address the relationship between HIV/AIDS 
        and a number of opportunistic diseases that include bacterial 
        diseases, fungal diseases, viral diseases and HIV-associated 
        malignancies, such as Kaposi sarcoma, lymphoma, and squamous 
        cell carcinoma; and
            (B) effective intervention against opportunistic diseases 
        requires not only the appropriate drug or other medication for 
        a given medical condition, but also the infrastructure 
        necessary to diagnose the condition, monitor the intervention, 
        and provide counseling services; and
            (9) the United States Agency for International Development 
        should expand and replicate successful microenterprise programs 
        in Uganda, Zambia, Zimbabwe, and other African countries that 
        provide poor families affected by HIV/AIDS with the means to 
        care for themselves, their children, and orphans;
            (10) the United States Agency for International Development 
        should substantially increase and improve its capacity to 
        manage and monitor HIV/AIDS programs and resources;
            (11) the United States Agency for International Development 
        must recruit and retain appropriate technical expertise in the 
        United States as well as in foreign countries to help develop 
        and implement HIV/AIDS strategies in conjunction with 
        multilateral agencies, host country governments, and 
        nongovernmental organizations;
            (12) the United States Agency for International Development 
        must strengthen coordination and collaboration between the 
        technical experts in its central and regional bureaus and 
        foreign country missions in formulating country strategies and 
        implementing HIV/AIDS programs;
            (13) strong coordination among the various agencies of the 
        United States, including the Department of State, the United 
        States Agency for International Development, the Department of 
        Health and Human Services, including the Centers for Disease 
        Control and the National Institutes of Health, the Department 
        of the Treasury, the Department of Defense, and other relevant 
        Federal agencies must exist to ensure effective and efficient 
        use of financial and technical resources within the United 
        States Government; and
            (14) to help alleviate human suffering, and enhance the 
        dignity and quality of life for patients debilitated by HIV/
        AIDS, the United States should promote, both unilaterally and 
        through multilateral initiatives, the use of palliative and 
        hospice care, and provide financial and technical assistance to 
        palliative and hospice care programs, including programs under 
        which such care is provided by faith-based organizations.

SEC. 3. ASSISTANCE TO COMBAT HIV/AIDS.

    (a) Assistance.--Section 104(c) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151b(c)) is amended--
            (1) by striking paragraphs (4) through (6); and
            (2) by inserting after paragraph (3) the following:
    ``(4)(A) Congress recognizes that the alarming spread of HIV/AIDS 
in countries in sub-Saharan Africa and other developing countries is a 
major global health, national security, and humanitarian crisis. 
Accordingly, the United States and other developed countries should 
provide assistance to countries in sub-Saharan Africa and other 
developing countries to control this crisis through HIV/AIDS 
prevention, treatment, monitoring, and related activities, particularly 
activities focused on women and youth, including mother-to-child 
transmission prevention strategies.
    ``(B)(i) The Administrator of the United States Agency for 
International Development is authorized to provide assistance to 
prevent, treat, and monitor HIV/AIDS, and carry out related activities, 
in countries in sub-Saharan Africa and other developing countries.
    ``(ii) It is the sense of Congress that the Administrator should 
provide an appropriate level of assistance under clause (i) through 
nongovernmental organizations in countries in sub-Saharan Africa and 
other developing countries affected by the HIV/AIDS pandemic.
    ``(iii) The Administrator shall coordinate the provision of 
assistance under clause (i) 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 Programme (UNDP), other appropriate 
international organizations, such as the World Bank and the relevant 
regional multilateral development institutions, national, state, and 
local governments of foreign countries, and other appropriate 
governmental and nongovernmental organizations.
    ``(C) Assistance provided under subparagraph (B) shall, to the 
maximum extent practicable, be used to carry out the following 
activities:
            ``(i) Prevention of HIV/AIDS through activities including--
                    ``(I) education, voluntary testing, and counseling 
                (including the incorporation of confidentiality 
                protections with respect to such testing and 
                counseling), including integration of such programs 
                into women's and children's health programs;
                    ``(II) assistance to ensure a safe blood supply and 
                to provide post-exposure prophylaxis to victims of rape 
                and sexual assault; and
                    ``(III) assistance through nongovernmental 
                organizations, including faith-based organizations, 
                particularly those organizations that utilize both 
                professionals and volunteers with appropriate skills 
                and experience, to establish and implement culturally 
                appropriate HIV/AIDS education and prevention programs.
            ``(ii) The treatment and care of individuals with HIV/AIDS, 
        including--
                    ``(I) assistance to establish and implement 
                programs to strengthen and broaden indigenous health 
                care delivery systems and the capacity of such systems 
                to deliver HIV/AIDS pharmaceuticals and otherwise 
                provide for the treatment of individuals with HIV/AIDS, 
                including clinical training for indigenous 
                organizations and health care providers;
                    ``(II) assistance aimed at the prevention of 
                transmission of HIV/AIDS from mother to child, 
                including medications to prevent such transmission and 
                access to infant formula and other alternatives for 
                infant feeding; and
                    ``(III) assistance to strengthen and expand hospice 
                and palliative care programs to assist patients 
                debilitated by HIV/AIDS, their families, and the 
                primary caregivers of such patients, including programs 
                that utilize faith-based organizations.
            ``(iii) The monitoring of programs, projects, and 
        activities carried out pursuant to clauses (i) and (ii), 
        including--
                    ``(I) monitoring to ensure that adequate controls 
                are established and implemented to provide HIV/AIDS 
                pharmaceuticals and other appropriate medicines to poor 
                individuals with HIV/AIDS; and
                    ``(II) appropriate evaluation and surveillance 
                activities.
            ``(iv) The conduct of related activities, including--
                    ``(I) 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;
                    ``(II) improved infrastructure and institutional 
                capacity to develop and manage education, prevention, 
                and treatment programs, including the resources to 
                collect and maintain accurate HIV surveillance data to 
                target programs and measure the effectiveness of 
                interventions;
                    ``(III) vaccine research and development 
                partnership programs with specific plans of action to 
                develop a safe, effective, accessible, preventive HIV 
                vaccine for use throughout the world; and
                    ``(IV) the development and expansion of 
                financially-sustainable microfinance institutions and 
                other income generation programs that strengthen the 
                economic and social viability of communities afflicted 
                by the HIV/AIDS pandemic, including support for the 
                savings and productive capacity of affected poor 
                households caring for orphans.
    ``(D)(i) Not later than January 31 of each calendar year, the 
Administrator shall submit to Congress an annual report on the 
implementation of this paragraph for the prior fiscal year.
    ``(ii) Such report shall include--
            ``(I) a description of efforts made to implement the 
        policies set forth in this paragraph;
            ``(II) a description of the programs established pursuant 
        to this paragraph and section 4 of the Global Access to HIV/
        AIDS Prevention, Awareness, Education, and Treatment Act of 
        2001; and
            ``(III) a detailed assessment of the impact of programs 
        established pursuant to this paragraph, including the 
        effectiveness of such programs in reducing the spread of HIV 
        infection, particularly in women and girls, in reducing HIV 
        transmission from mother to child, in reducing mortality rates 
        from HIV/AIDS, and the progress toward improving health care 
        delivery systems and infrastructure to ensure increased access 
        to care and treatment.
    ``(iii) The Administrator shall consult with the Global Health 
Advisory Board established under section 6 of the Global Access to HIV/
AIDS Prevention, Awareness, Education, and Treatment Act of 2001 in the 
preparation of the report under clause (i) and on other global health 
activities carried out by the United States Agency for International 
Development.
    ``(E)(i) There is authorized to be appropriated to the President to 
carry out this paragraph $485,000,000 for fiscal year 2002.
    ``(ii) Not more than six percent of the amount appropriated 
pursuant to the authorization of appropriations under clause (i) for 
fiscal year 2002, and not more than four percent of the amount made 
available to carry out this paragraph for any subsequent fiscal year, 
may be used for the administrative expenses of the Agency in carrying 
out this paragraph.
    ``(iii) Amounts appropriated pursuant to the authorization of 
appropriations under clause (i) are in addition to amounts otherwise 
available for such purposes and are authorized to remain available 
until expended.
    ``(F) In this paragraph:
            ``(i) The term `HIV' means infection with the human 
        immunodeficiency virus.
            ``(ii) The term `AIDS' means acquired immune deficiency 
        syndrome.''.
    (b) Availability of Assistance Under Section 104(c).--Section 
104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is 
amended--
            (1) by redesignating paragraph (7) as paragraph (5); and
            (2) by adding at the end the following:
    ``(6) Assistance made available under any paragraph of this 
subsection, and assistance made available under chapter 4 of part II of 
this Act to carry out the purposes of any paragraph of this subsection, 
may be made available notwithstanding any other provision of law.''.

SEC. 4. ASSISTANCE FOR PROCUREMENT AND DISTRIBUTION OF HIV/AIDS 
              PHARMACEUTICALS AND RELATED MEDICINES.

    (a) Assistance.--The Administrator of the United States Agency for 
International Development shall provide assistance to countries in sub-
Saharan Africa and other developing countries for--
            (1) the procurement of HIV/AIDS pharmaceuticals, anti-viral 
        therapies, and other appropriate medicines; and
            (2) the distribution of such HIV/AIDS pharmaceuticals, 
        anti-viral therapies, and other appropriate medicines 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 
        for the prevention of transmission of HIV/AIDS from mother to 
        child.
    (b) Additional Authority.--The authority contained in section 
104(c)(6) of the Foreign Assistance Act of 1961, as amended by section 
3(b) of this Act, shall apply to assistance made available under 
subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the President to carry out this section $50,000,000 for 
fiscal year 2002.

SEC. 5. INTERAGENCY TASK FORCE ON HIV/AIDS.

    (a) Establishment.--The President shall establish an interagency 
task force (hereafter referred to as the ``task force'') to ensure 
coordination of all Federal programs related to the prevention, 
treatment, and monitoring of HIV/AIDS in foreign countries.
    (b) Duties.--The duties of the task force shall include--
            (1) reviewing all Federal programs related to the 
        prevention, treatment, and monitoring of HIV/AIDS in foreign 
        countries to ensure proper coordination and compatibility of 
        activities and policies of such programs;
            (2) exchanging information regarding design and impact of 
        such programs to ensure that the United States Government can 
        catalogue the best possible practices for HIV/AIDS prevention, 
        treatment, and monitoring and improve the effectiveness of such 
        programs in the countries in which they operate; and
            (3) fostering discussions with United States and foreign 
        nongovernmental organizations to determine how United States 
        Government programs can be improved, including by engaging in a 
        dialogue with the Global Health Advisory Board established 
        under section 6 of this Act.
    (c) Membership.--
            (1) Composition.--The task force shall be composed of the 
        Secretary of State, the Administrator of the United States 
        Agency for International Development, the Secretary of Health 
        and Human Services, the Secretary of the Treasury, the Director 
        of the National Institutes of Health, the Director of the 
        Centers for Disease Control, the Secretary of Defense, and the 
        head of any other agency that the President determines is 
        appropriate.
            (2) Chairperson.--The Secretary of State shall serve as 
        chairperson of the task force.
    (d) Public Meetings.--At least once each calendar year, the task 
force shall hold a public meeting in order to afford an opportunity for 
any person to present views regarding the activities of the United 
States Government with respect to the prevention, treatment, and 
monitoring of HIV/AIDS in foreign countries. The Secretary of State 
shall maintain a record of each meeting and shall make the record 
available to the public.
    (e) Availability of Funds.--Amounts made available for a fiscal 
year pursuant to section 104(c)(4)(E)(ii) of the Foreign Assistance Act 
of 1961, as amended by section 3(a) of this Act, are authorized to be 
made available to carry out this section for such fiscal year.

SEC. 6. GLOBAL HEALTH ADVISORY BOARD.

    (a) Establishment.--There is established a permanent Global Health 
Advisory Board (hereafter referred to as the ``Board'') to assist the 
President and other Federal officials, including the Secretary of State 
and the Administrator of the United States Agency for International 
Development, in the administration and implementation of United States 
international health programs, particularly programs relating to the 
prevention, treatment, and monitoring of HIV/AIDS.
    (b) Duties.--
            (1) In general.--The Board shall serve as a liaison between 
        the United States Government and private and voluntary 
        organizations, other nongovernmental organizations, and 
        academic institutions in the United States that are active in 
        international health issues, particularly prevention, 
        treatment, and care with respect to HIV/AIDS and other 
        infectious diseases.
            (2) Specific activities.--In carrying out paragraph (1), 
        the Board--
                    (A) shall provide advice to the United States 
                Agency for International Development and other Federal 
                agencies on health and management issues relating to 
                foreign assistance in which both the United States 
                Government and private and voluntary organizations 
                participate;
                    (B) shall provide advice on the formulation of 
                basic policy, procedures, and criteria for the review, 
                selection, and monitoring of project proposals for 
                United States Government international health programs 
                and for the establishment of transparency in the 
                provision and implementation of grants made under such 
                programs;
                    (C) shall provide advice on the establishment of 
                evaluation and monitoring programs to measure the 
                effectiveness of United States Government international 
                health programs, including standards and criteria to 
                assess the extent to which programs have met their 
                goals and objectives and the development of indicators 
                to track progress of specific initiatives;
                    (D) shall review and evaluate the overall health 
                strategy for United States bilateral assistance for 
                each country receiving significant United States 
                bilateral assistance in the health sector;
                    (E) shall recommend which developing countries 
                could benefit most from programs carried out under 
                United States Government international health programs; 
                and
                    (F) shall assess the impact and effectiveness of 
                programs carried out under section 104(c)(4) of the 
                Foreign Assistance Act of 1961, as amended by section 
                3(a) of this Act, in meeting the objectives set out in 
                the HIV/AIDS country strategy established by the United 
                States Agency for International Development.
    (c) Membership.--
            (1) Composition.--The Board shall be composed of 12 
        members--
                    (A)(i) all of whom shall have a substantial 
                expertise and background in international health 
                research, policy, or management, particularly in the 
                area of prevention, treatment, and care with respect to 
                HIV/AIDS and other infectious diseases; and
                    (ii) of whom at least one member shall be an expert 
                on women's and children's health issues; and
                    (B) of whom--
                            (i) three members shall be individuals from 
                        academic institutions;
                            (ii) five members shall be individuals from 
                        nongovernmental organizations active in 
                        international health programs, particularly 
                        HIV/AIDS prevention, treatment and monitoring 
                        programs in foreign countries, of which not 
                        more than two members may be from faith-based 
                        organizations;
                            (iii) two members shall be individuals from 
                        health policy and advocacy institutes; and
                            (iv) two members shall be individuals from 
                        private foundations that make substantial 
                        contributions to global health programs.
            (2) Appointment.--The individuals referred to in paragraph 
        (1) shall be appointed by the President, after consultation 
        with the chairman and ranking member of the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (3) Terms.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member shall be appointed for a term of two 
                years and no member or organization shall serve on the 
                Advisory Board for more than two consecutive terms.
                    (B) Terms of initial appointees.--As designated by 
                the President at the time of appointment, of the 
                members first appointed--
                            (i) six members shall be appointed for a 
                        term of three years; and
                            (ii) six members, to the extent practicable 
                        equally divided among the categories described 
                        in clauses (i) through (iv) of paragraph 
                        (1)(B), shall be appointed for a term of two 
                        years.
            (4) Chairperson.--At the first meeting of the Board in each 
        calendar year, a majority of the members of the Commission 
        present and voting shall elect, from among the members of the 
        Board, an individual to serve as chairperson of the Board.
    (d) Travel Expenses.--Each member of the Board shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (e) Availability of Funds.--Amounts made available for a fiscal 
year pursuant to section 104(c)(4)(E)(ii) of the Foreign Assistance Act 
of 1961, as amended by section 3(a) of this Act, are authorized to be 
made available to carry out this section for such fiscal year.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR MULTILATERAL EFFORTS TO 
              PREVENT, TREAT, AND MONITOR HIV/AIDS.

    (a) Authorization.--There is authorized to be appropriated to the 
President $750,000,000 for fiscal year 2002 for United States 
contributions to a global health fund negotiated by the United States 
consistent with the general principles in the Global AIDS and 
Tuberculosis Relief Act of 2000 and the initiative of the Secretary 
General of the United Nations or other multilateral efforts to prevent, 
treat, and monitor HIV/AIDS in countries in sub-Saharan Africa and 
other developing countries, including efforts to provide hospice and 
palliative care for individuals with HIV/AIDS.
    (b) Characteristics of Global Health Fund.--It is the sense of 
Congress that, consistent with the general principles outlined in the 
Global AIDS and Tuberculosis Relief Act of 2000, United States 
contributions should be provided to a global health fund under 
subsection (a) only if the fund--
            (1) is a public-private partnership that includes 
        participation of, and seeks contributions from, governments, 
        foundations, corporations, nongovernmental organizations, 
        organizations that are part of the United Nations system, and 
        other entities or individuals;
            (2) has the World Bank serving as the fiduciary agent of 
        the fund and in any other capacity deemed appropriate by the 
        international community;
            (3)(A) includes donors, recipient countries, civil society, 
        and other relevant parties in the governance of the fund; and
            (B) contains safeguards against conflicts of interest in 
        the governance of the fund by the individuals and entities 
        described in subparagraph (A);
            (4) supports targeted initiatives to address HIV/AIDS, 
        tuberculosis, and malaria through an integrated approach that 
        includes prevention interventions, care and treatment programs, 
        and infrastructure capacity-building;
            (5) permits strategic targeting of resources to address 
        needs not currently met by existing bilateral and multilateral 
        efforts and includes separate sub-accounts for different 
        activities allowing donors to designate funds for specific 
        categories of programs and activities;
            (6) reserves a minimum of 5 percent of its grant funds to 
        support scientific or medical research in connection with the 
        projects it funds in developing countries;
            (7) provides public disclosure with respect to--
                    (A) the membership and official proceedings of the 
                mechanism established to manage and disburse amounts 
                contributed to the fund; and
                    (B) grants and projects supported by the fund;
            (8) authorizes and enforces requirements for the periodic 
        financial and performance auditing of projects and makes future 
        funding conditional upon the results of such audits; and
            (9) provides public disclosure of the findings of all 
        financial and performance audits of the fund.

SEC. 8. DEFINITION.

    In this Act:
            (1) HIV.--The term ``HIV'' means infection with the human 
        immunodeficiency virus.
            (2) AIDS.--The term ``AIDS'' means acquired immune 
        deficiency syndrome.

SEC. 9. EXTENSION OF TIME FOR GAO REPORT ON TRUST FUND EFFECTIVENESS.

    Section 131(b) of the Global AIDS and Tuberculosis Relief Act of 
2000 (22 U.S.C. 6831(b)) is amended by striking ``of the enactment of 
this Act'' and inserting ``the Trust Fund is established''.

            Passed the House of Representatives December 11, 2001.

            Attest:

                                                                 Clerk.