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42 U.S. Code § 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). 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 FundAmounts 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.