42 U.S. Code § 300cc–43 - Emergency Discretionary Fund
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(a) In general
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–40b 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—
(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.
For purposes of this section:
Source(July 1, 1944, ch. 373, title XXIII, § 2356, as added Pub. L. 103–43, title XVIII, § 1802,June 10, 1993, 107 Stat. 196; amended Pub. L. 109–482, title I, § 104(b)(2)(E),Jan. 15, 2007, 120 Stat. 3693.)
2007—Subsecs. (e) to (g). Pub. L. 109–482redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out heading and text of former subsec. (e). Text read as follows: “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.”
Effective Date of 2007 Amendment
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