42 U.S.C. § 300cc–43 — Emergency Discretionary Fund

(a) In general: (1) Establishment: This section creates a fund made up of money Congress appropriates for it (see the funding rules in subsection (f)). The Director of the Office - after consulting the advisory council set up under section 300cc-40b - may spend money from this Fund on AIDS activities, including AIDS research, that this chapter allows the National Institutes of Health to carry out. (2) Preconditions to use of Fund: The Director can only spend Fund money if four things are all true: (A) the Director has identified the specific set of AIDS activities the money will pay for; (B) that set of activities is either a brand-new project, or additional activities added to an existing project; (C) the Director has determined there's a significant need for it; and (D) as of June 30 of the year before the year the determination is made, that need was not already covered by any appropriations bill the House of Representatives had passed for the Department of Labor, HHS, Education, and related agencies. (3) Two-year use of Fund for project involved: For any identified set of activities, the Director cannot keep committing (obligating) Fund money to it more than two years after the date of the first such commitment. (b) Peer review: Using this Fund does not excuse anyone from the normal peer review requirements that would otherwise apply to that set of activities. (c) Limitations on use of Fund: (1) Fund money cannot be used to build, renovate, or relocate facilities, or to buy land. (2)(A) Fund money also cannot be spent, for a given fiscal year, on an identified set or category of AIDS activities if either (i) Congress funded it in an appropriations Act the year before but did not fund it in an appropriations Act for the current year, or (ii) spending on it is otherwise prohibited by law. (B) In deciding whether an activity was "funded" for purposes of (2)(A), you ignore whether the appropriations Act included money for the Fund itself. (3) Fund money cannot be invested. (d) Applicability of limitation regarding number of employees: The Fund can pay to employ people needed to carry out approved activities under (a). Those employees do not count toward any legal limit on the total number of full-time equivalent HHS employees, whether that limit was set before, on, or after June 10, 1993. (e) Definitions: In this section, "Fund" means the fund created in (a), and "identified set of AIDS activities" means the specific set of activities the Director identifies under (a)(2)(A). (f) Funding: (1) Congress could appropriate up to $100,000,000 for the Fund for each of fiscal years 1994 through 1996. (2) Once appropriated, that money for the Fund stays available until it is all spent.