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







107th CONGRESS
  1st Session
                                H. R. 2069

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2001

   Mr. Hyde introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of 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) The HIV/AIDS pandemic has claimed 22,000,000 lives 
        since its inception.
            (2) More than 17,000,000 individuals have died from HIV/
        AIDS in sub-Saharan Africa alone.
            (3) More than 36,000,000 individuals are infected with HIV, 
        of which approximately 25,000,000 individuals live in sub-
        Saharan Africa.
            (4) The HIV/AIDS pandemic in sub-Saharan Africa has grown 
        beyond an international public health issue to become a 
        humanitarian and developmental crisis.
            (5) Although the HIV/AIDS pandemic has impacted the sub-
        Saharan region of Africa disproportionately, HIV infection 
        rates are rising rapidly in India and other South Asian 
        countries, Brazil, Caribbean countries, and Russia, and pose a 
        serious threat to the security and stability in those 
        countries.
            (6) By 2010, it is estimated that approximately 40,000,000 
        children worldwide will have lost one or both of their parents 
        to HIV/AIDS.
            (7) In January 2000, the United States National 
        Intelligence Council released an intelligence estimate that 
        framed the HIV/AIDS pandemic as a security threat, noting the 
        relationship between the disease and political and economic 
        instability.
            (8) The overriding priority for responding to the HIV/AIDS 
        crisis should be to emphasize and encourage awareness, 
        education, and prevention, including prevention activities that 
        promote behavioral change. In so doing, priority and support 
        should be given to nongovernmental organizations, including 
        faith-based organizations.
            (9) An effective response to the HIV/AIDS pandemic must 
        also involve assistance to stimulate the development of sound 
        health service delivery infrastructure systems in sub-Saharan 
        African and other developing countries.
            (10) Access to effective treatment for HIV/AIDS is 
        determined by issues of price, health system infrastructure, 
        and sustainable financing and such access can be inhibited by 
        the stigma and discrimination associated with HIV/AIDS.
            (11) An effective United States response to the HIV/AIDS 
        crisis must also focus on the development of HIV/AIDS vaccines 
        to prevent the spread of the disease as well as the development 
        of microbicides, effective diagnostics, and simpler treatments.
            (12) The innovative capacity of the United States in the 
        commercial and public pharmaceutical research sectors is among 
        the foremost in the world, and the active participation of both 
        these sectors should be supported as it is critical to combat 
        the global HIV/AIDS pandemic.
            (13) Appropriate treatment of individuals with HIV/AIDS can 
        prolong the lives of such individuals and increase their 
        productivity by allowing them to lead active lives and reduce 
        the need for costly hospitalization for treatment of 
        opportunistic infections caused by HIV.
            (14) United States volunteers with skills in healthcare and 
        HIV/AIDS counseling and prevention programs have proven 
        effective in combating the HIV/AIDS pandemic and can be a 
        resource in assisting sub-Saharan African leaders of 
        traditional, political, business, and youth organizations in 
        their efforts to prevent the spread of HIV/AIDS through 
        awareness and educational programs.
            (15) Most of the HIV infected poor of the developing world 
        die of deadly opportunistic diseases such as tuberculosis. 
        Accordingly, effective HIV/AIDS treatment programs should 
        address the growing threat and spread of tuberculosis in the 
        developing world. Malaria is also a major infectious disease 
        that kills many individuals, particularly children.
            (16) Microenterprise development 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.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1)(A) combatting the HIV/AIDS pandemic in sub-Saharan 
        African and other developing countries should be a global 
        effort and include the financial support of all developed 
        countries and the 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, and prevention 
        programs;
            (2)(A) in addition to HIV/AIDS awareness, education, and 
        prevention programs, the United States Government should 
        support programs that safely make available to public and 
        private entities in sub-Saharan African and other developing 
        countries pharmaceuticals and diagnostics for HIV/AIDS therapy 
        in order--
                    (i) to effectively and safely and assist such 
                countries in the delivery of HIV/AIDS therapy 
                pharmaceuticals through the establishment of adequate 
                health care delivery systems and treatment monitoring 
                programs; and
                    (ii) to provide treatment for poor individuals with 
                HIV/AIDS in such countries; and
            (B) in carrying out such programs, priority consideration 
        for participation should be given to sub-Saharan African 
        countries;
            (3) the United States should promote efforts to expand and 
        develop programs that support the growing number of children 
        orphaned by the HIV/AIDS pandemic;
            (4) treatment for HIV/AIDS should be a component of a 
        comprehensive international effort to combat deadly infectious 
        and opportunistic diseases, including malaria and tuberculosis, 
        that kill millions annually in the developing world;
            (5) the United States Agency for International Development 
        should carry out HIV/AIDS awareness, prevention, and treatment 
        programs in conjunction with effective international 
        tuberculosis and malaria treatment and eradication programs; 
        and
            (6) the United States Agency for International Development 
        should expand and replicate successful microenterprise programs 
        in Uganda, Zambia, Zimbabwe, and other African countries that 
        provide poor families affected by HIV/AIDS with financial 
        services, such as life, health care, and credit insurance, and 
        the means to care for themselves, their children, and orphans.

SEC. 3. ASSISTANCE TO COMBAT HIV/AIDS.

    (a) Assistance.--Section 104(c) of the Foreign 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 sub-Saharan African and other developing countries is a major global 
health threat and humanitarian crisis. Accordingly, the United States 
and other developed countries should provide assistance to sub-Saharan 
and other developing countries to control this crisis through HIV/AIDS 
prevention, treatment, monitoring, and related activities.
    ``(B)(i) The Administrator of the United States Agency for 
International Development is authorized to provide assistance to 
prevent, treat, and monitor HIV/AIDS, and carry out related activities, 
in sub-Saharan African 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 Sub-African 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), 
other similar international organizations, 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) Primarily the prevention of HIV/AIDS through--
                    ``(I) voluntary testing and counseling; and
                    ``(II) assistance through nongovernmental 
                organizations, including faith-based organizations, 
                particularly those organizations that utilize 
                volunteers, to establish and implement culturally 
                appropriate HIV/AIDS education and prevention programs.
            ``(ii) The treatment of individuals with HIV/AIDS, 
        including--
                    ``(I) assistance to establish and implement 
                programs to strengthen and broaden indigenous health 
                care systems infrastructure and the 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; and
                    ``(II) assistance aimed at the prevention of 
                transmission of HIV/AIDS from mother to child.
            ``(iii) The monitoring of programs, projects, and 
        activities carried out pursuant to clauses (i) and (ii), 
        including--
                    ``(I) monitoring to ensure that adequate controls 
                are established and implemented to provide HIV/AIDS 
                pharmaceuticals and other appropriate medicines to poor 
                individuals with HIV/AIDS; and
                    ``(II) appropriate evaluation and 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 through 
                innovative programs modeled on foster care and other 
                services designed to care for orphaned children in a 
                family environment; and
                    ``(II) the development and expansion of 
                financially-sustainable microfinance institutions 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 
                and the provision of financial services, such as life, 
                health, and credit insurance.
    ``(D) The Administrator shall submit to Congress an annual report 
of the implementation of this paragraph for the prior year.
    ``(E)(i) There are authorized to be appropriated to the President 
to carry out this paragraph $469,000,000 for each of the fiscal years 
2002 and 2003.
    ``(ii) Not more than three percent of the amount appropriated 
pursuant to the authorization of appropriations under clause (i) for a 
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 sub-Saharan 
African 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) Authorization of Appropriations.--There are authorized to be 
appropriated to the President to carry out this section $50,000,000 for 
fiscal year 2002.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR MULTILATERAL EFFORTS TO 
              PREVENT, TREAT, AND MONITOR HIV/AIDS.

    There are authorized to be appropriated to the President for each 
of the fiscal years 2002 and 2003 such sums as may be necessary for 
United States contributions to multilateral efforts to prevent, treat, 
and monitor HIV/AIDS in sub-Saharan African and other developing 
countries. The amount authorized to be appropriated under the preceding 
sentence for any fiscal year may not exceed 25 percent of the aggregate 
amount proposed to be contributed for such fiscal year by all countries 
for such efforts.
                                 <all>