42 USC 300cc-43 - Emergency Discretionary Fund

U.S Code last checked for updates: Jan 31, 2025

§ 300cc–43.

Emergency Discretionary Fund

(a)

In general

(1)

Establishment

(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

(b)

Peer review

(c)

Limitations on use of Fund

(1)

Construction of facilities

(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

(d)

Applicability of limitation regarding number of employees

(e)

Definitions

For purposes of this section:

(1)

The term “Fund” means the fund established in subsection (a).

(2)

The term “identified set of AIDS activities” means a particular set of AIDS activities identified under subsection (a)(2)(A).

(f)

Funding

(1)

Authorization of appropriations

(2)

Availability

(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.)

cite as: 42 USC 300cc-43