Text: Bill Focuses Attention on Disease in Developing Countries

10 August 2001

Text: Bill Focuses Attention on Disease in Developing Countries

S. 1230 would amend Public Health Service Act

Senator William Frist (Republican of Tennessee), the only doctor in the Senate, introduced legislation July 24 that would amend the Public Health Service Act to focus more effort on combating HIV/AIDS, tuberculosis, and malaria in developing countries.

Co-sponsored by Senator Hillary Clinton (Democrat of New York), the former First Lady, S. 1230 was referred to the Senate Foreign Relations Committee.

Frist, who has taken a leadership role in health issues in the Senate, including stem cell research and HIV/AIDS in the Third World, termed his bill the Global Leadership in Developing Expanded Response Act (GLIDER Act).

The proposed bill would add a section to the Public Health Service Act on prevention and control of life-threatening diseases in developing countries.

The purpose of the new section is to "focus American efforts on HIV/AIDS, tuberculosis, and malaria in developing countries, through the promotion and expansion of primary prevention efforts, the improvement of clinic-, community- and home-based care and treatment."

The bill would also provide assistance for "capacity and infrastructure development" in developing countries and "the provision of assistance to those individuals who are affected by such diseases such as AIDS orphans and families."

The proposed law would instruct the Secretary of Health and Human Services, in consultation with the Secretary of State, to "prescribe appropriate procedures to ensure the coordination of activities under this subtitle with other activities of the United States Government in each foreign country, under the leadership of the chief of the United States diplomatic mission."

S. 1230 also directs the Secretary of Defense to coordinate with both the Secretary of State and the Secretary of Health and Human Services "to combat the spread of HIV/AIDS within the armed services of foreign countries."

Among the activities the Department of Defense might involve itself in are the establishment and maintenance of "effective partnerships with the armed services of foreign countries in order to assist such countries in establishing HIV/AIDS specific policies, adopting and providing HIV prevention programs," and by training military personnel "to implement, maintain, and evaluate HIV/AIDS programs."

S. 1230 would also establish the "Paul Coverdell Health Care Corps," composed of Americans with backgrounds in health care, to help eligible foreign countries combat these deadly communicable diseases.

The proposed bill would authorize $850 million beginning in fiscal year 2002 and through fiscal year 2006 divided between the Secretary of State, the Secretary of Health and Human Services, the Secretary of Labor and the Secretary of Defense.

Following is the text of the proposed legislation:

(begin text)

S 1230 IS

107th CONGRESS
1st Session

S. 1230

To amend the Public Health Service Act to focus American efforts on HIV/AIDS, tuberculosis, and malaria in developing countries.

IN THE SENATE OF THE UNITED STATES

July 24, 2001

Mr. FRIST (for himself and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To amend the Public Health Service Act to focus American efforts on HIV/AIDS, tuberculosis, and malaria in 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 Leadership in Developing the Expanded Response Act' or the `GLIDER Act'.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following:

`TITLE XXVIII--PREVENTION AND CONTROL OF LIFE-THREATENING DISEASES IN DEVELOPING COUNTRIES

`SEC. 2801. PURPOSE.

`It is the purpose of this title to focus American efforts on HIV/AIDS, tuberculosis, and malaria in developing countries, through--

`(1) the promotion and expansion of primary prevention efforts;

`(2) the improvement of clinic-, community- and home-based care and treatment;

`(3) the provision of assistance for capacity and infrastructure development; and

`(4) the provision of assistance to those individuals who are affected by such diseases such as AIDS orphans and families.

`Subtitle A--General Authorities of the Departments of State and Health and Human Services.

`SEC. 2811. GENERAL AUTHORITY OF THE SECRETARIES OF STATE AND HEALTH AND HUMAN SERVICES.

`(a) IN GENERAL- In carrying out this title, the Secretary of State, in coordination with the Secretary of Health and Human Services, may--

`(1) establish and maintain effective partnerships with multi-lateral entities, foreign governments, Federal agencies, non-governmental entities (faith-based and secular), government officials, universities, community-based organizations, and other national or international entities, including the leveraging of resources of partnering organizations and nations, to--

`(A) promote and expand primary prevention efforts with respect to HIV/AIDS, tuberculosis, and malaria;

`(B) improve clinic-, community- and home-based care and treatment for HIV/AIDS and the resulting opportunistic infections, tuberculosis, and malaria;

`(C) assist with capacity and infrastructure development;

`(D) provide support for individuals affected by (but not infected with) HIV/AIDS, tuberculosis, and malaria; and

`(E) carry out other activities determined to be appropriate by the Secretary of State and Secretary of Health and Human Services;

`(2) devise a means by which to coordinate the activities of the Department of State and the Department of Health and Human Services in--

`(A) national program development and implementation;

`(B) those countries receiving assistance; and

`(C) local initiatives;

`(3) establish and maintain a GLIDER task force, to be composed of representatives from the Departments of State, Health and Human Services, Labor, Treasury, and Defense--

`(A) that may--

`(i) provide advice generally about policies and future actions with respect to HIV/AIDS, tuberculosis, and malaria;

`(ii) establish priorities for programs addressing the global crises of HIV/AIDS, tuberculosis, and malaria;

`(iii) provide advice to the President with respect to activities to carry out the purposes of the GLIDER Act; or

`(iv) serve as a liaison between the programs established under this title and the programs established under the Global HIV/AIDS and Health Fund and other multilateral efforts, as requested by the President; and

`(B) whose composition shall--

`(i) be determined and formalized pursuant to regulations promulgated jointly by the Secretary of State and the Secretary of Health and Human Services within 6 months of the date of enactment of this title; and

`(ii) include an equal number of representatives from the Department of State and the Department of Health and Human Services;

`(4) coordinate the implementation of this title with foreign governments in order to--

`(A) ensure that sustainable, culturally appropriate, effective programs are integrated into other health initiatives and are consistent with national plans for development as described in paragraph (4);

`(B) prevent duplicative efforts or competing projects; and

`(C) improve the approaches, tools, and systems available;

`(5) determine the foreign countries that should receive assistance under this title based on factors such as--

`(A) the magnitude of the existing disease burden of HIV/AIDS, tuberculosis, or malaria or the potential for increased infections in such country;

`(B) the anticipated receptiveness of a country to the receipt of assistance under this title;

`(C) the history of each country's commitment to fighting such infectious diseases; and

`(D) other factors determined appropriate by the Secretary of State and the Secretary of Health and Human Services;

`(6) assist in the design of flexible, large scale, national programs (where feasible) that are--

`(A) specific to each of the foreign countries that receive assistance under this title; and

`(B) based on an examination of the contribution of other organizations in the response, including existing and ongoing programs, in such country; and

`(7) carry out other activities as determined appropriate by the Secretary of State and Secretary of Health and Human Services.

`(b) DATABASE- In carrying out the purpose of this title, the Secretary of State, in consultation with the Secretary of Health and Human Services, shall establish and maintain a database that--

`(1) contains contact information for all Federal Government employees who are working overseas under the authority of this title or for the purpose of addressing HIV/AIDS, tuberculosis, or malaria;

`(2) includes information on all projects undertaken by Federal Government employees or through grants provided by, or in cooperation with, the Federal government, with respect to HIV/AIDS, tuberculosis, and malaria;

`(3) is updated on a continuing basis;

`(4) incorporates any additional information, and may be used for any additional purpose, as determined appropriate by the Secretary of State or the Secretary of Health and Human Services, in order to maintain accountability and awareness of Federal Government activity under this title; and

`(5) ensures that information in the database is made available to advise the Department of Treasury in carrying out its duties under this title.

`(c) RULE OF CONSTRUCTION- Nothing in this title shall be construed to prevent the Secretary of State or the Secretary of Health and Human Services from continuing or expanding existing initiatives as determined appropriate by the respective Secretary.

`SEC. 2812. OTHER GENERAL AUTHORITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

`(a) RELATION TO OTHER FEDERAL ACTIVITIES- The Secretary of Health and Human Services, in consultation with the Secretary of State, shall prescribe appropriate procedures to ensure the coordination of activities under this subtitle with other activities of the United States Government in each foreign country, under the leadership of the chief of the United States diplomatic mission.

`(b) GENERAL AUTHORITY OF THE SECRETARY OF HEALTH AND HUMAN SERVICES- The Secretary of Health and Human Services is authorized to design and implement the Paul Coverdell Health Care Corps under subtitle C.

`(c) CENTERS FOR DISEASE CONTROL AND PREVENTION- In carrying out the purposes of this title, the Director of the Centers for Disease Control and Prevention, after receiving approval from the Secretary of Health and Human Services, may provide assistance relating to--

`(1) primary prevention services targeting HIV/AIDS, tuberculosis, and malaria through--

`(A) activities to prevent sexually transmitted infections, including voluntary counseling and testing;

`(B) the provision of care, treatment, and patient management services for sexually transmitted infections and sexually transmitted infection management services;

`(C) the development and implementation of behavioral interventions for youth and other vulnerable groups;

`(D) the promotion and development of public-private partnerships;

`(E) the implementation of programs to reduce mother to child HIV/AIDS transmission;

`(F) the provision of vector-borne disease control programs; and

`(G) the provision of services to limit exposure to pathogens;

`(2) the development of surveillance systems and infrastructure with respect to HIV/AIDS, tuberculosis, and malaria by--

`(A) providing HIV/AIDS, sexually transmitted infections, tuberculosis, and malaria surveillance;

`(B) providing laboratory support;

`(C) monitoring and evaluating programs and policies;

`(D) providing assistance with training and information management; and

`(E) sharing effective practices for preventing the spread of such infectious diseases; and

`(3) care and support for those affected by (but not infected with) HIV/AIDS, tuberculosis, and malaria; and

`(4) other activities determined to be appropriate by the Secretary.

`(d) HEALTH RESOURCES AND SERVICES ADMINISTRATION- In carrying out the purposes of this title, the Administrator of the Health Resources and Services Administration may--

`(1) provide appropriate services to assist foreign countries or areas in developing their own public health infrastructure and in training health care providers to address HIV/AIDS, tuberculosis, or malaria;

`(2) provide care, support, and treatment services with respect to HIV/AIDS, tuberculosis, and malaria by providing--

`(A) tuberculosis and malaria prevention and care services;

`(B) care and treatment services for opportunistic infections related to HIV/AIDS infection; and

`(C) palliative and hospice HIV/AIDS care; and

`(3) carry out other activities determined to be appropriate by the Secretary of Health and Human Services.

`(e) AGENCY FOR HEALTHCARE RESEARCH AND QUALITY-

`(1) STUDY- The Director of the Agency for Healthcare Research and Quality after receiving approval from the Secretary of Health and Human Services, in consultation with appropriate entities, may conduct an ongoing study, using methods appropriate to the analysis of HIV infection in developing countries, to determine--

`(A) the impact of expenditures for treatments of HIV/AIDS, tuberculosis, and malaria by foreign countries that receive assistance under this title; and

`(B) other information determined appropriate by the Secretary of Health and Human Services.

`(2) REPORT- The Director of the Agency for Healthcare Research and Quality may prepare and submit to the appropriate committees of Congress a report that contains the results of the study conducted under paragraph (1).

`(f) NATIONAL INSTITUTES OF HEALTH- In carrying out the purposes of this title, the Director of the National Institutes of Health, after receiving approval from the Secretary of Health and Human Services, may--

`(1) promote and expand primary prevention efforts with respect to HIV/AIDS, tuberculosis, and malaria by investing in vaccine and microbicide research; and

`(2) carry out other activities determined appropriate by the Secretary of Health and Human Services.

`(g) FOOD AND DRUG ADMINISTRATION- In carrying out the purposes of this title, the Commissioner of Food and Drugs, after receiving approval from the Secretary of Health and Human Services, may--

`(1) promote and expand primary prevention through blood safety and diagnostic testing capabilities; and

`(2) carry out other activities as determined appropriate by the Secretary of Health and Human Services.

`Subtitle B--General Authorities of the Departments of Defense and Labor

`SEC. 2821. GENERAL AUTHORITY OF THE SECRETARY OF DEFENSE.

`(a) IN GENERAL- In order to combat the spread of HIV/AIDS within the armed services of foreign countries, the Secretary of Defense, in coordination with the Secretary of State and the Secretary of Health and Human Services, may--

`(1) establish and maintain effective partnerships with the armed services of foreign countries in order to assist such countries in--

`(A) establishing HIV/AIDS specific policies;

`(B) adopting and providing HIV prevention programs;

`(C) training military personnel to implement, maintain, and evaluate HIV/AIDS programs;

`(D) providing information and training to address high-risk HIV attitudes and behaviors among military personnel; and

`(E) integrating and using other Federal Government, allied nation, and United Nations programs;

`(2) determine the foreign countries that should receive assistance under this section based on factors such as--

`(A) the magnitude of the existing disease burden of HIV/AIDS, tuberculosis, or malaria or the potential for increased infections, in such country;

`(B) the anticipated receptiveness of the country to the receipt of assistance under this subtitle;

`(C) the history of each country's commitment to fighting such infectious diseases; and

`(D) other factors determined appropriate by the Secretary of Defense; and

`(3) carry out other activities as determined appropriate by the Secretary of Defense.

`(b) RELATION TO OTHER FEDERAL ACTIVITIES- The Secretary of Defense, in consultation with the Secretary of State, shall prescribe appropriate procedures to ensure the coordination of activities under this section with other activities of the United States Government in each foreign country.

`SEC. 2822. GENERAL AUTHORITY OF THE SECRETARY OF LABOR.

`(a) IN GENERAL- In carrying out the purposes of this title, the Secretary of Labor, in coordination with the Secretary of State and the Secretary of Health and Human Services, may--

`(1) implement workplace HIV/AIDS prevention and education programs that are targeted at--

`(A) the urbanized, formal sector workforce;

`(B) the reduction of transmission among workers and their families through the maximization of the dissemination of accurate information about HIV/AIDS and prevention methodologies, with a focus on the issue of behavioral responsibility;

`(C) the reduction of ignorance, fear, and discrimination in the workplace; and

`(D) the creation of supportive workplace environments for those individuals living with HIV/AIDS;

`(2) carry out activities to strengthen collaboration among governments, business, and labor leaders to respond to the HIV/AIDS pandemic;

`(3) determine the foreign countries that should receive assistance under this section based on factors such as--

`(A) the magnitude of the existing disease burden of HIV/AIDS, tuberculosis, or malaria or the potential for increased infections, in such country;

`(B) the anticipated receptiveness of a country to the receipt of assistance under this subtitle;

`(C) the history of each country's commitment to fighting such infectious diseases; and

`(D) other factors determined appropriate by the Secretary of Labor; and

`(4) carry out other activities as determined appropriate by the Secretary of Labor.

`(b) RELATION TO OTHER FEDERAL ACTIVITIES- The Secretary of Labor, in consultation with the Secretary of State, shall prescribe appropriate procedures to ensure the coordination of activities under this section with other activities of the United States Government in each foreign country, under the leadership of the chief of the United States diplomatic mission.

`Subtitle C--Paul Coverdell Health Care Corps

`SEC. 2831. DEFINITIONS.

`In this subtitle:

`(1) APPROPRIATE SERVICES- The term `appropriate services' means services that an eligible participant may provide at an appropriate site, including--

`(A) health care educational training for individuals living within the foreign country or area served by the participant;

`(B) basic health care services for those affected or infected by HIV/AIDS, tuberculosis, or malaria and living within the foreign country or area receiving assistance under this title (as provided for under section 2811(a)(2)); and

`(C) other services determined to be appropriate by the Secretary.

`(2) APPROPRIATE SITE- The term `appropriate site' means a location--

`(A) that is administered by--

`(i) the Federal Government;

`(ii) a non-governmental organization (faith-based or secular);

`(iii) a university;

`(iv) a community-based organization;

`(v) a foreign government; or

`(vi) a multilateral entity; or

`(B) that is determined by the Secretary of Health and Human Services to be in need of trained health care professionals.

`(3) CORPS- The term `Corps' means the Paul Coverdell Health Care Corps established under this subtitle.

`(4) ELIGIBLE PARTICIPANT- The term `eligible participant' means--

`(A) a citizen or national of the United States who is a trained health care professional and who meets the educational and licensure requirements necessary to be such a professional, such as a physician, nurse, nurse practitioner, physician assistant, laboratory technician, pharmacist, or other individual determined to be appropriate by the Secretary; and

`(B) an individual who has not been a Federal employee for the 12-month period prior to the enrollment of such individual in the Corps under section 2833.

`(5) PARTICIPANT- The term `participant' means an eligible participant who is enrolled in the Corps under section 2833(b)(1).

`(6) PERIOD OF SERVICE- The term `period of service' means a period of not more than 24 consecutive months in any 5-year period, during which an eligible participant is participating in the Paul Coverdell Health Care Corps. A participant may, at the discretion of the Secretary, apply for an extension of the period of service for up to 6 months, but in no case shall the period of service exceed 30 months in any 66-month period. The period of service shall not include any period in which a participant is receiving training under section 2834(a).

`SEC. 2832. PURPOSE.

`It is the purpose of this subtitle to establish the Paul Coverdell Health Care Corps and to permit the Secretary to make available to foreign countries determined to be eligible under section 2811(a)(2) men and women of the United States eligible for service abroad and willing to serve, under conditions of hardship if necessary, for an appropriate period of service as defined in section 2831(5), to help the peoples of such countries and areas in meeting their needs for trained health care professionals to care for those infected and affected by HIV/AIDS, tuberculosis, or malaria, particularly in meeting the basic health care needs of those living in the poorest areas of such countries.

`SEC. 2833. ESTABLISHMENT AND ENROLLMENT.

`(a) ESTABLISHMENT- The Secretary shall establish the Paul Coverdell Health Care Corps to carry out the purpose of section 2832.

`(b) ENROLLMENT-

`(1) IN GENERAL- The Secretary may enroll eligible participants in the Corps for service abroad.

`(2) TERMS AND CONDITIONS- With respect to the enrollment of an eligible participant in the Corps under paragraph (1), the terms and conditions of the enrollment, training, compensation, hours of work, benefits, leave, termination, and all other terms and conditions of the service of such participant shall be exclusively those set forth in this subtitle and those consistent therewith which the Secretary may prescribe.

`(3) OATH- Upon enrollment in the Corps, every participant shall take the oath prescribed for persons appointed to any office of honor or profit by section 3331 of title 5, United States Code.

`(4) NOT OFFICER OR EMPLOYEE- Except as otherwise provided for in this subtitle, a participant shall not be deemed an officer or employee, or otherwise in the service or employment of, or holding office under, the United States for any purpose.

`(c) TERMINATION- The service of a participant may be terminated at any time at the pleasure of the Secretary.

`SEC. 2834. TRAINING, ALLOWANCES, BENEFITS, AND OTHER PROVISIONS.

`(a) APPROPRIATE TRAINING PROGRAMS- The Secretary shall make available appropriate training programs for participants enrolled under section 2833(b) to assist such participants in performing the duties of their service.

`(b) LIVING ALLOWANCES, TRAVEL, LEAVE, AND RELATED ITEMS-

`(1) IN GENERAL- A participant shall be provided with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, subsistence, and clothing as the Secretary may determine to be necessary for his or her maintenance and to ensure his or her health and capacity to serve effectively.

`(2) SUPPLIES OR EQUIPMENT- Supplies or equipment provided to a participant to ensure his or her capacity to serve effectively may be transferred to the government or to other entities of the foreign country or area with which he or she has been serving, when no longer necessary for such purpose, and when such transfers would further the purposes of this subtitle.

`(3) TRANSPORTATION AND TRAVEL- Transportation and travel allowances may be provided in such circumstances as the Secretary may determine, for eligible participants who apply for enrollment, to or from places of training and places of enrollment, and for former participants from places of termination to their homes in the United States.

`(c) READJUSTMENT ALLOWANCES-

`(1) IN GENERAL- A participant shall be entitled to receive a readjustment allowance at a rate not less than $225 for each month of satisfactory service in the Corps as determined by the Secretary.

`(2) TIME PAYABLE- The readjustment allowance of each participant shall be payable on his or her return to the United States, except that under such circumstances as the Secretary may determine, the accrued readjustment allowance, or any part thereof, may be paid to the participant, members of his or her family or others, during the period of his or her service, or prior to his or her return to the United States.

`(3) DEATH OF PARTICIPANT- In the event of the death of a participant during the period of his or her service, the amount of any unpaid readjustment allowance under this subsection shall be paid in accordance with the provisions of section 5582(b) of title 5, United States Code.

`(4) INTERNAL REVENUE CODE- For purposes of the Internal Revenue Code of 1986, a participant shall be deemed to be paid and to receive each amount of a readjustment allowance to which he or she is entitled.

`(d) HEALTH CARE-

`(1) IN GENERAL- A participant shall receive such health care during his or her service, an eligible participant applying for enrollment under section 2833(b)(1) shall receive such health examinations preparatory to his or her service, an applicant for enrollment who has accepted an invitation to begin a period of training under subsection (a) shall receive such immunization and dental care preparatory to his or her service, and a former participant shall receive such health examinations within six months after termination of his or her service, as the Secretary may deem necessary or appropriate.

`(2) FACILITIES- Subject to such conditions as the Secretary may prescribe, the health care described in paragraph (1) may be provided in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall be reimbursed from appropriations available under this title.

`(3) LIMITATION- Health care may not be provided under this subsection in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.).

`(e) RETIREMENT AND OTHER CREDITS-

`(1) IN GENERAL- Any period of satisfactory service of a participant under this subtitle shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government--

`(A) for the purposes of section 816(a) of the Foreign Service Act of 1980 (22 U.S.C. 4056(a)) and every other Act establishing a retirement system for civilian employees of any United States Government agency; and

`(B) except as otherwise determined by the Secretary, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Office of Personnel Management, the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government, except that service of a participant shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment.

`(2) RATE FOR CERTAIN PARTICIPANTS- For the purposes of paragraph (1)(A), participants shall be deemed to be receiving compensation during their service at the respective rates of readjustment allowances payable under subsection (c)(1).

`(f) ALLOWANCES AND EXPENSES OF MINOR CHILDREN- The minor children of a participant who are living with the participant may receive--

`(1) such living, travel, education, and leave allowances, such housing, transportation, subsistence, and essential special items of clothing as the Secretary determines to be appropriate;

`(2) such health care, including health care following the participant's service for illness or injury incurred during such service, and health and accident insurance, as the Secretary may determine and upon such terms as the Secretary may determine, including health care in any facility referred to in subsection (d)(2), subject to such conditions as the Secretary may prescribe and subject to reimbursement of appropriations as provided for in such subsection (d);

`(3) such orientation, language, and other training necessary to accomplish the purposes of this subtitle as the Secretary may determine; and

`(4) the benefits of subsection (i) on the same basis as a participant.

`(g) MOVING EXPENSES- The costs of packing and unpacking, transportation to and from a place of storage, and storing the furniture and household and personal effects of a participant and family (as applicable) at the time of his or her entering a period of pre-enrollment training may be paid from the date of his or her departure from his or her place of residence to enter training until not later than 3 months after termination of his or her service.

`(h) TORT CLAIMS; ABSENTEE VOTING; CONTRIBUTIONS FOR TRANSPORTATION OF BAGGAGE; CHECK CASHING AND CURRENCY EXCHANGE; CLAIMS FOR OVERPAYMENT; PASSPORT FEES- A participant shall be deemed to be an employee of the United States Government for the purposes of the Federal Tort Claims Act and any other Federal tort liability statute, section 3342 of title 31, United States Code, section 5732 and section 5584 of title 5, United States Code (and readjustment allowances paid under this Act shall be considered as pay for purposes of such section and section 1 of the Act of June 4, 1920 (22 U.S.C. 214)).

`(i) LEGAL EXPENSES- Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incident to the defense of a participant may be paid in foreign judicial or administrative proceedings to which a participant has been made a party.

`(j) COUNSELING PROGRAMS FOR RETURNING PARTICIPANTS- In order to ensure that the skills and experience which former participants have derived from their training and their service abroad are best utilized in the national interest, the Secretary may, in cooperation with agencies of the United States, private employers, educational institutions and other entities of the United States, undertake programs under which participants would be counseled with respect to opportunities for further education and employment.

`SEC. 2835. RELATION TO OTHER FEDERAL ACTIVITIES.

The Secretary of Health and Human Services, in consultation with the Secretary of State, shall prescribe appropriate procedures to ensure the coordination of Corps activities with other activities of the United States Government in each foreign country, under the leadership of the chief of the United States diplomatic mission.

`Subtitle D--Miscellaneous Provisions

`SEC. 2841. AUTHORIZATION OF APPROPRIATIONS.

`There is authorized to be appropriated--

`(1) $550,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006, to enable the Secretary of State to carry out this title;

`(2) $250,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006, to enable the Secretary of Health and Human Services to carry out this title;

`(3) $20,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006, to enable the Secretary of Labor to carry out this title; and

`(4) $30,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006, to enable the Secretary of Defense to carry out this title.'.

SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.

Section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) is amended by adding at the end the following:

`(h) PILOT HEALTH CARE DELIVERY INFRASTRUCTURE DEVELOPMENT PROGRAM-

`(1) AUTHORITY FOR PILOT PROGRAM- In order to study the feasibility and desirability of a program to assist countries with a high disease burden of HIV/AIDS, tuberculosis, or malaria to respond to this disease burden by developing a health care delivery infrastructure, the Corporation is authorized to establish a 5-year pilot program under which the Corporation may issue investment insurance or investment guaranties, provide for direct investment or investment encouragement, or carry out special projects and programs for eligible investors to assist such countries in the development of the health care delivery infrastructure.

`(2) PROJECT LIMITATIONS-

`(A) IN GENERAL- Assistance under the demonstration program under paragraph (1) shall be limited to those areas that are receiving assistance from the Department of State or the Department of Health and Human Services for HIV/AIDS, tuberculosis, or malaria programs.

`(B) ADDITIONAL CRITERIA- In making determinations of eligibility under this subsection, the Corporation shall give preferential consideration to projects sponsored by or significantly involving United States small businesses or cooperatives.

`(3) IMPLEMENTATION- To the extent provided for in advance in appropriations Acts, the Corporation is authorized to create such legal mechanisms as may be necessary for the implementation of its authorities under this subsection. Such legal mechanisms may be deemed non-Federal borrowers for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

`(4) REPORT TO CONGRESS- The Corporation shall annually prepare and submit to the Committee on Foreign Affairs and the Committee on Commerce of the House of Representatives and the Committee on Foreign Relations and the Committee on Health, Education, Labor, and Pensions of the Senate a report concerning the implementation of the program under this subsection and the health care delivery infrastructure developed under such program.'.

SEC. 4. RULE OF CONSTRUCTION.

Nothing in this Act, or an amendment made by this Act, shall be construed to--

(1) prevent the Secretary of State, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Defense, or the Secretary of the Treasury from continuing or expanding existing initiatives as determined to be appropriate by the respective Secretary;

(2) infringe upon the powers or functions of the Secretary of State;

(3) infringe upon the powers or functions of the Secretary of Health and Human Services;

(4) infringe upon the powers or functions of the Secretary of Labor;

(5) infringe upon the powers or functions of the Secretary of Defense; or

(6) infringe upon the powers or functions of the Secretary of the Treasury.

(end text)