PUBLIC LAW 103-43—JUNE 10, 1993 107 STAT. 197 the Office, after consultation with the advisory council established under section 2352, 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 Act 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— "(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.—Amounts in the Fund may not be invested. "(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). Any individual employed under the preceding sentence
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