22 U.S.C. § 7673 | Allocation of funds

(a)

Balanced funding requirement

(1)

In general

The Global AIDS Coordinator shall—

(A)

provide balanced funding for prevention activities for sexual transmission of HIV/AIDS; and

(B)

1 So in original. Probably should be “country”.

ensure that activities promoting abstinence, delay of sexual debut, monogamy, fidelity, and partner reduction are implemented and funded in a meaningful and equitable way in the strategy for each host country based on objective epidemiological evidence as to the source of infections and in consultation with the government of each host county  involved in HIV/AIDS prevention activities.

(2)

Prevention strategy

(A)

Establishment

In carrying out paragraph (1), the Global AIDS Coordinator shall establish an HIV sexual transmission prevention strategy governing the expenditure of funds authorized under this chapter to prevent the sexual transmission of HIV in any host country with a generalized epidemic.

(B)

Report

In each host country described in subparagraph (A), if the strategy established under subparagraph (A) provides less than 50 percent of the funds described in subparagraph (A) for activities promoting abstinence, delay of sexual debut, monogamy, fidelity, and partner reduction, the Global AIDS Coordinator shall, not later than 30 days after the issuance of this strategy, report to the appropriate congressional committees on the justification for this decision.

(3)

Exclusion

Programs and activities that implement or purchase new prevention technologies or modalities, such as medical male circumcision, public education about risks to acquire HIV infection from blood exposures, promoting universal precautions, investigating suspected nosocomial infections, pre-exposure pharmaceutical prophylaxis to prevent transmission of HIV, or microbicides and programs and activities that provide counseling and testing for HIV or prevent mother-to-child prevention of HIV, shall not be included in determining compliance with paragraph (2).

(4)

Report

July 30, 2008section 2151b–2(e) of this titleNot later than 1 year after , and annually thereafter as part of the annual report required under , the President shall—

(A)

submit a report on the implementation of paragraph (2) for the most recently concluded fiscal year to the appropriate congressional committees; and

(B)

make the report described in subparagraph (A) available to the public.

(b)

Orphans and vulnerable children

section 2151b–2 of this titleFor fiscal years 2009 through 2024 and fiscal year 2025 through March 25 of such fiscal year, not less than 10 percent of the amounts appropriated or otherwise made available to carry out the provisions of for HIV/AIDS assistance for each such fiscal year shall be expended for assistance for orphans and other children affected by, or vulnerable to, HIV/AIDS, of which such amount at least 50 percent shall be provided through non-profit, nongovernmental organizations, including faith-based organizations, that implement programs on the community level.

(c)

Funding allocation

section 2151b–2 of this titleFor each of the fiscal years 2009 through 2024 and for fiscal year 2025 through March 25 of such fiscal year, more than half of the amounts appropriated or otherwise made available to carry out the provisions of shall be expended for—

(1)

antiretroviral treatment for HIV/AIDS;

(2)

clinical monitoring of HIV-seropositive people not in need of antiretroviral treatment;

(3)

care for associated opportunistic infections;

(4)

nutrition and food support for people living with HIV/AIDS; and

(5)

other essential HIV/AIDS-related medical care for people living with HIV/AIDS.

(d)

Treatment, prevention, and care goals

For each of the fiscal years 2009 through 2013—

(1)

section 7672(a)(3) of this title the treatment goal under shall be increased above 2,000,000 by at least the percentage increase in the amount appropriated for bilateral global HIV/AIDS assistance for such fiscal year compared with fiscal year 2008;

(2)

section 7672(a)(3) of this title any increase in the treatment goal under above the percentage increase in the amount appropriated for bilateral global HIV/AIDS assistance for such fiscal year compared with fiscal year 2008 shall be based on long-term requirements, epidemiological evidence, the share of treatment needs being met by partner governments and other sources of treatment funding, and other appropriate factors;

(3)

section 7672(a)(3) of this title the treatment goal under shall be increased above the number calculated under paragraph (1) by the same percentage that the average United States Government cost per patient of providing treatment in countries receiving bilateral HIV/AIDS assistance has decreased compared with fiscal year 2008; and

(4)

section 2151b–2(b)(1)(A) of this title the prevention and care goals established in clauses (i) and (iv) of shall be increased consistent with epidemiological evidence and available resources.

Pub. L. 108–25, title IV, § 403May 27, 2003117 Stat. 746 Pub. L. 110–293, title IV, § 403July 30, 2008122 Stat. 2966 Pub. L. 113–56, § 6Dec. 2, 2013127 Stat. 654 Pub. L. 115–305, § 4Dec. 11, 2018132 Stat. 4403 Pub. L. 118–47, div. F, title VII, § 7072(c)Mar. 23, 2024138 Stat. 853(, , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 108–25May 27, 2003117 Stat. 711 section 7601 of this titleThis chapter, referred to in subsec. (a)(2)(A), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 118–47, § 7072(c)(1)2024—Subsec. (b). , substituted “2024 and fiscal year 2025 through March 25 of such fiscal year” for “2023”.

Pub. L. 118–47, § 7072(c)(2)Subsec. (c). , substituted “2024 and for fiscal year 2025 through March 25 of such fiscal year” for “2023” in introductory provisions.

Pub. L. 115–305, § 4(1)2018—Subsec. (b). , substituted “2023” for “2018”.

Pub. L. 115–305, § 4(2)Subsec. (c). , substituted “2023” for “2018” in introductory provisions.

Pub. L. 113–56, § 6(a)section 2151b–2 of this title section 7671 of this title2013—Subsec. (b). , substituted “2018” for “2013” and “amounts appropriated or otherwise made available to carry out the provisions of ” for “amounts appropriated pursuant to the authorization of appropriations under ”.

Pub. L. 113–56, § 6(b)section 2151b–2 of this title section 7671 of this titleSubsec. (c). , substituted “2018” for “2013” and “amounts appropriated or otherwise made available to carry out the provisions of ” for “amounts appropriated for bilateral global HIV/AIDS assistance pursuant to ” in introductory provisions.

Pub. L. 110–293, § 403(1)section 7671 of this title section 7671 of this title section 2151b–2(d) of this title2008—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, text read as follows: “For fiscal years 2006 through 2008, not less than 55 percent of the amounts appropriated pursuant to the authorization of appropriations under for HIV/AIDS assistance for each such fiscal year shall be expended for therapeutic medical care of individuals infected with HIV, of which such amount at least 75 percent should be expended for the purchase and distribution of antiretroviral pharmaceuticals and at least 25 percent should be expended for related care. For fiscal years 2006 through 2008, not less than 33 percent of the amounts appropriated pursuant to the authorization of appropriations under for HIV/AIDS prevention consistent with for each such fiscal year shall be expended for abstinence-until-marriage programs.”

Pub. L. 110–293, § 403(2)Subsec. (b). , substituted “fiscal years 2009 through 2013” for “fiscal years 2006 through 2008” and “other children affected by, or vulnerable to,” for “vulnerable children affected by”.

Pub. L. 110–293, § 403(3)Subsecs. (c), (d). , added subsecs. (c) and (d).