
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300cc-43]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
  SUBCHAPTER XXI--RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY 
                                SYNDROME
 
                     Part D--Office of AIDS Research
 
                subpart ii--emergency discretionary fund
 
Sec. 300cc-43. Emergency Discretionary Fund


(a) In general

                          (1) Establishment

        There is established a fund consisting of such amounts as may be 
    appropriated under subsection (g) of this section. Subject to the 
    provisions of this section, the Director of the Office, after 
    consultation with the advisory council established under section 
    300cc-40a of this title, may expend amounts in the Fund for the 
    purpose of conducting and supporting such AIDS activities, including 
    projects of AIDS research, as may be authorized in this chapter for 
    the National Institutes of Health.

                  (2) Preconditions to use of Fund

        Amounts in the Fund may be expended only if--
            (A) the Director identifies the particular set of AIDS 
        activities for which such amounts are to be expended;
            (B) the set of activities so identified constitutes either a 
        new project or additional AIDS activities for an existing 
        project;
            (C) the Director of the Office has made a determination that 
        there is a significant need for such set of activities; and
            (D) as of June 30 of the fiscal year preceding the fiscal 
        year in which the determination is made, such need was not 
        provided for in any appropriations Act passed by the House of 
        Representatives to make appropriations for the Departments of 
        Labor, Health and Human Services (including the National 
        Institutes of Health), Education, and related agencies for the 
        fiscal year in which the determination is made.

            (3) Two-year use of Fund for project involved

        In the case of an identified set of AIDS activities, obligations 
    of amounts in the Fund may not be made for such set of activities 
    after the expiration of the 2-year period beginning on the date on 
    which the initial obligation of such amounts is made for such set.

(b) Peer review

    With respect to an identified set of AIDS activities carried out 
with amounts in the Fund, this section may not be construed as waiving 
applicable requirements for peer review.

(c) Limitations on use of Fund

                   (1) Construction of facilities

        Amounts in the Fund may not be used for the construction, 
    renovation, or relocation of facilities, or for the acquisition of 
    land.

              (2) Congressional disapproval of projects

        (A) Amounts in the Fund may not be expended for the fiscal year 
    involved for an identified set of AIDS activities, or a category of 
    AIDS activities, for which--
            (i)(I) amounts were made available in an appropriations Act 
        for the preceding fiscal year; and
            (II) amounts are not made available in any appropriations 
        Act for the fiscal year involved; or
            (ii) amounts are by law prohibited from being expended.

        (B) A determination under subparagraph (A)(i) of whether amounts 
    have been made available in appropriations Acts for a fiscal year 
    shall be made without regard to whether such Acts make available 
    amounts for the Fund.

                   (3) Investment of Fund amounts

        Amounts in the Fund may not be invested.

(d) Applicability of limitation regarding number of employees

    The purposes for which amounts in the Fund may be expended include 
the employment of individuals necessary to carry out identified sets of 
AIDS activities approved under subsection (a) of this section. Any 
individual employed under the preceding sentence may not be included in 
any determination of the number of full-time equivalent employees for 
the Department of Health and Human Services for the purpose of any 
limitation on the number of such employees established by law prior to, 
on, or after June 10, 1993.

(e) Report to Congress

    Not later than February 1 of each fiscal year, the Director of the 
Office shall submit to the Committee on Energy and Commerce of the House 
of Representatives, and to the Committee on Labor and Human Resources of 
the Senate, a report on the identified sets of AIDS activities carried 
out during the preceding fiscal year with amounts in the Fund. The 
report shall provide a description of each such set of activities and an 
explanation of the reasons underlying the use of the Fund for the set.

(f) Definitions

    For purposes of this section:
        (1) The term ``Fund'' means the fund established in subsection 
    (a) of this section.
        (2) The term ``identified set of AIDS activities'' means a 
    particular set of AIDS activities identified under subsection 
    (a)(2)(A) of this section.

(g) Funding

                 (1) Authorization of appropriations

        For the purpose of providing amounts for the Fund, there is 
    authorized to be appropriated $100,000,000 for each of the fiscal 
    years 1994 through 1996.

                          (2) Availability

        Amounts appropriated for the Fund are available until expended.

(July 1, 1944, ch. 373, title XXIII, Sec. 2356, as added Pub. L. 103-43, 
title XVIII, Sec. 1802, June 10, 1993, 107 Stat. 196.)

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.
