TITLE 22 - US CODE - SUBCHAPTER III - BILATERAL EFFORTS

Part A - General Assistance and Programs

22 USC 7631 - Assistance to combat HIV/AIDS

(a) Omitted 
(b) Authorization of appropriations 

(1) In general 
In addition to funds available under section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b (c)) for such purpose or under any other provision of that Act [22 U.S.C. 2151 et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for each of the fiscal years 2004 through 2008 to carry out section 104A of the Foreign Assistance Act of 1961, as added by subsection (a) [22 U.S.C. 2151b–2].
(2) Availability of funds 
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.

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(3) Allocation of funds 
Of the amount authorized to be appropriated by paragraph (1) for the fiscal years 2004 through 2008, such sums as may be necessary are authorized to be appropriated to carry out section 104A(d)(4) of the Foreign Assistance Act of 1961 (as added by subsection (a)) [22 U.S.C. 2151b–2 (d)(4)], relating to the procurement and distribution of HIV/AIDS pharmaceuticals.
(c) Relationship to assistance programs to enhance nutrition 
In recognition of the fact that malnutrition may hasten the progression of HIV to AIDS and may exacerbate the decline among AIDS patients leading to a shorter life span, the Administrator of the United States Agency for International Development shall, as appropriate
(1) integrate nutrition programs with HIV/AIDS activities, generally;
(2) provide, as a component of an anti-retroviral therapy program, support for food and nutrition to individuals infected with and affected by HIV/AIDS; and
(3) provide support for food and nutrition for children affected by HIV/AIDS and to communities and households caring for children affected by HIV/AIDS.
(d) Eligibility for assistance 
An organization that is otherwise eligible to receive assistance under section 104A of the Foreign Assistance Act of 1961 (as added by subsection (a)) [22 U.S.C. 2151b–2] or under any other provision of this chapter (or any amendment made by this chapter) to prevent, treat, or monitor HIV/AIDS shall not be required, as a condition of receiving the assistance, to endorse or utilize a multisectoral approach to combatting HIV/AIDS, or to endorse, utilize, or participate in a prevention method or treatment program to which the organization has a religious or moral objection.
(e) Limitation 
No funds made available to carry out this chapter, or any amendment made by this chapter, may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
(f) Limitation 
No funds made available to carry out this chapter, or any amendment made by this chapter, may be used to provide assistance to any group or organization that does not have a policy explicitly opposing prostitution and sex trafficking, except that this subsection shall not apply to the Global Fund to Fight AIDS, Tuberculosis and Malaria, the World Health Organization, the International AIDS Vaccine Initiative or to any United Nations agency.
(g) Sense of Congress relating to food assistance for individuals living with HIV/AIDS 

(1) Findings 
Congress finds the following:

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(A) The United States provides more than 60 percent of all food assistance worldwide.
(B) According to the United Nations World Food Program and other United Nations agencies, food insecurity of individuals infected or living with HIV/AIDS is a major problem in countries with large populations of such individuals, particularly in African countries.
(C) Although the United States is willing to provide food assistance to these countries in need, a few of the countries object to part or all of the assistance because of fears of benign genetic modifications to the foods.
(D) Healthy and nutritious foods for individuals infected or living with HIV/AIDS are an important complement to HIV/AIDS medicines for such individuals.
(E) Individuals infected with HIV have higher nutritional requirements than individuals who are not infected with HIV, particularly with respect to the need for protein. Also, there is evidence to suggest that the full benefit of therapy to treat HIV/AIDS may not be achieved in individuals who are malnourished, particularly in pregnant and lactating women.
(2) Sense of Congress 
It is therefore the sense of Congress that United States food assistance should be accepted by countries with large populations of individuals infected or living with HIV/AIDS, particularly African countries, in order to help feed such individuals.

22 USC 7632 - Authorization of appropriations to combat tuberculosis

(1) In general 
In addition to funds available under section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b (c)) for such purpose or under any other provision of that Act [22 U.S.C. 2151 et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for each of the fiscal years 2004 through 2008 to carry out section 104B of the Foreign Assistance Act of 1961, as added by subsection (a) [22 U.S.C. 2151b–3].
(2) Availability of funds 
Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
(3) Transfer of prior year funds 
Unobligated balances of funds made available for fiscal year 2001, 2002, or 2003 under section 104(c)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b (c)(7) (as in effect immediately before May 27, 2003) shall be transferred to, merged with, and made available for the same purposes as funds made available for fiscal years 2004 through 2008 under paragraph (1).

22 USC 7633 - Authorization of appropriations to combat malaria

(1) In general 
In addition to funds available under section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b (c)) for such purpose or under any other provision of that Act [22 U.S.C. 2151 et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for fiscal years 2004 through 2008 to carry out section 104C of the Foreign Assistance Act of 1961, as added by subsection (a) [22 U.S.C. 2151b–4], including for the development of anti-malarial pharmaceuticals by the Medicines for Malaria Venture.
(2) Availability of funds 
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
(3) Transfer of prior year funds 
Unobligated balances of funds made available for fiscal year 2001, 2002, or 2003 under section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b (c) (as in effect immediately before May 27, 2003) and made available for the control of malaria shall be transferred to, merged with, and made available for the same purposes as funds made available for fiscal years 2004 through 2008 under paragraph (1).

22 USC 7634 - Pilot program for the placement of health care professionals in overseas areas severely affected by HIV/AIDS, tuberculosis, and malaria

(a) In general 
The President should establish a program to demonstrate the feasibility of facilitating the service of United States health care professionals in those areas of sub-Saharan Africa and other parts of the world severely affected by HIV/AIDS, tuberculosis, and malaria.
(b) Requirements 
Participants in the program shall
(1) provide basic health care services for those infected and affected by HIV/AIDS, tuberculosis, and malaria in the area in which they are serving;
(2) provide on-the-job training to medical and other personnel in the area in which they are serving to strengthen the basic health care system of the affected countries;
(3) provide health care educational training for residents of the area in which they are serving;
(4) serve for a period of up to 3 years; and
(5) meet the eligibility requirements in subsection (d).
(c) Eligibility requirements 
To be eligible to participate in the program, a candidate shall
(1) be a 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, physician assistant, nurse practitioner, pharmacist, other type of health care professional, or other individual determined to be appropriate by the President; or
(2) be a retired commissioned officer of the Public Health Service Corps.
(d) Recruitment 
The President shall ensure that information on the program is widely distributed, including the distribution of information to schools for health professionals, hospitals, clinics, and nongovernmental organizations working in the areas of international health and aid.
(e) Placement of participants 

(1) In general 
To the maximum extent practicable, participants in the program shall serve in the poorest areas of the affected countries, where health care needs are likely to be the greatest. The decision on the placement of a participant should be made in consultation with relevant officials of the affected country at both the national and local level as well as with local community leaders and organizations.
(2) Coordination 
Placement of participants in the program shall be coordinated with the United States Agency for International Development in countries in which that Agency is conducting HIV/AIDS, tuberculosis, or malaria programs. Overall coordination of placement of participants in the program shall be made by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally (as described in section 2651a (f) of this title).
(f) Incentives 
The President may offer such incentives as the President determines to be necessary to encourage individuals to participate in the program, such as partial payment of principal, interest, and related expenses on government and commercial loans for educational expenses relating to professional health training and, where possible, deferment of repayments on such loans, the provision of retirement benefits that would otherwise be jeopardized by participation in the program, and other incentives.
(g) Report 
Not later than 18 months after May 27, 2003, the President shall submit to the appropriate congressional committees a report on steps taken to establish the program, including
(1) the process of recruitment, including the venues for recruitment, the number of candidates recruited, the incentives offered, if any, and the cost of those incentives;
(2) the process, including the criteria used, for the selection of participants;
(3) the number of participants placed, the countries in which they were placed, and why those countries were selected; and
(4) the potential for expansion of the program.
(h) Authorization of appropriations 

(1) In general 
In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for each of the fiscal years 2004 through 2008 to carry out the program.
(2) Availability of funds 
Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

22 USC 7635 - Report on treatment activities by relevant executive branch agencies

(a) In general 
Not later than 15 months after May 27, 2003, the President shall submit to appropriate congressional committees a report on the programs and activities of the relevant executive branch agencies that are directed to the treatment of individuals in foreign countries infected with HIV or living with AIDS.
(b) Report elements 
The report shall include
(1) a description of the activities of relevant executive branch agencies with respect to
(A) the treatment of opportunistic infections;
(B) the use of antiretrovirals;
(C) the status of research into successful treatment protocols for individuals in the developing world;
(D) technical assistance and training of local health care workers (in countries affected by the pandemic) to administer antiretrovirals, manage side effects, and monitor patients viral loads and immune status;
(E) the status of strategies to promote sustainability of HIV/AIDS pharmaceuticals (including antiretrovirals) and the effects of drug resistance on HIV/AIDS patients; and
(F) the status of appropriate law enforcement officials working to ensure that HIV/AIDS pharmaceutical treatment is not diminished through illegal counterfeiting and black market sales of such pharmaceuticals;
(2) information on existing pilot projects, including a discussion of why a given population was selected, the number of people treated, the cost of treatment, the mechanisms established to ensure that treatment is being administered effectively and safely, and plans for scaling up pilot projects (including projected timelines and required resources); and
(3) an explanation of how those activities relate to efforts to prevent the transmission of the HIV infection.

22 USC 7636 - Study on illegal diversions of prescription drugs

Not later than 180 days after May 27, 2003, the Secretary of Health and Human Services, in coordination with other agencies, shall submit a report to the Congress that includes the following:
(1) A thorough accounting of evidence indicating illegal diversion into the United States of prescription drugs donated or sold for humanitarian efforts, and an estimate of the extent of such diversion.
(2) Recommendations to increase the administrative and enforcement powers of the United States to identify, monitor, and prevent the illegal diversion into the United States of prescription drugs donated or sold for humanitarian efforts.
(3) Recommendations and guidelines to advise and provide technical assistance to developing countries on how to implement a program that minimizes diversion into the United States of prescription drugs donated or sold for humanitarian efforts.

Part B - Assistance for Children and Families

22 USC 7651 - Findings

Congress makes the following findings:
(1) Approximately 2,000 children around the world are infected each day with HIV through mother-to-child transmission. Transmission can occur during pregnancy, labor, and delivery or through breast feeding. Over 90 percent of these cases are in developing nations with little or no access to public health facilities.
(2) Mother-to-child transmission is largely preventable with the proper application of pharmaceuticals, therapies, and other public health interventions.
(3) Certain antiretroviral drugs reduce mother-to-child transmission by nearly 50 percent. Universal availability of this drug could prevent up to 400,000 infections per year and dramatically reduce the number of AIDS-related deaths.
(4) At the United Nations Special Session on HIV/AIDS in June 2001, the United States committed to the specific goals with respect to the prevention of mother-to-child transmission, including the goals of reducing the proportion of infants infected with HIV by 20 percent by the year 2005 and by 50 percent by the year 2010, as specified in the Declaration of Commitment on HIV/AIDS adopted by the United Nations General Assembly at the Special Session.
(5) Several United States Government agencies including the United States Agency for International Development and the Centers for Disease Control are already supporting programs to prevent mother-to-child transmission in resource-poor nations and have the capacity to expand these programs rapidly by working closely with foreign governments and nongovernmental organizations.
(6) Efforts to prevent mother-to-child transmission can provide the basis for a broader response that includes care and treatment of mothers, fathers, and other family members who are infected with HIV or living with AIDS.
(7) HIV/AIDS has devastated the lives of countless children and families across the globe. Since the epidemic began, an estimated 13,200,000 children under the age of 15 have been orphaned by AIDS, that is they have lost their mother or both parents to the disease. The Joint United Nations Program on HIV/AIDS (UNAIDS) estimates that this number will double by the year 2010.
(8) HIV/AIDS also targets young people between the ages of 15 to 24, particularly young women, many of whom carry the burden of caring for family members living with HIV/AIDS. An estimated 10,300,000 young people are now living with HIV/AIDS. One-half of all new infections are occurring among this age group.

22 USC 7652 - Policy and requirements

(a) Policy 
The United States Governments response to the global HIV/AIDS pandemic should place high priority on the prevention of mother-to-child transmission, the care and treatment of family members and caregivers, and the care of children orphaned by AIDS. To the maximum extent possible, the United States Government should seek to leverage its funds by seeking matching contributions from the private sector, other national governments, and international organizations.
(b) Requirements 
The 5-year United States Government strategy required by section 7611 of this title shall
(1) provide for meeting or exceeding the goal to reduce the rate of mother-to-child transmission of HIV by 20 percent by 2005 and by 50 percent by 2010;
(2) include programs to make available testing and treatment to HIV-positive women and their family members, including drug treatment and therapies to prevent mother-to-child transmission; and
(3) expand programs designed to care for children orphaned by AIDS.

22 USC 7653 - Annual reports on prevention of mother-to-child transmission of the HIV infection

(a) In general 
Not later than 1 year after May 27, 2003, and annually thereafter for a period of 5 years, the President shall submit to appropriate congressional committees a report on the activities of relevant executive branch agencies during the reporting period to assist in the prevention of mother-to-child transmission of the HIV infection.
(b) Report elements 
Each report shall include
(1) a statement of whether or not all relevant executive branch agencies have met the goal described in section 7652 (b)(1) of this title; and
(2) a description of efforts made by the relevant executive branch agencies to expand those activities, including
(A) information on the number of sites supported for the prevention of mother-to-child transmission of the HIV infection;
(B) the specific activities supported;
(C) the number of women tested and counseled; and
(D) the number of women receiving preventative drug therapies.
(c) Reporting period defined 
In this section, the term reporting period means, in the case of the initial report, the period since May 27, 2003, and, in the case of any subsequent report, the period since the date of submission of the most recent report.

22 USC 7654 - Pilot program of assistance for children and families affected by HIV/AIDS

(a) In general 
The President, acting through the United States Agency for International Development, should establish a program of assistance that would demonstrate the feasibility of the provision of care and treatment to orphans and other children and young people affected by HIV/AIDS in foreign countries.
(b) Program requirements 
The program should
(1) build upon and be integrated into programs administered as of May 27, 2003, by the relevant executive branch agencies for children affected by HIV/AIDS;
(2) work in conjunction with indigenous community-based programs and activities, particularly those that offer proven services for children;
(3) reduce the stigma of HIV/AIDS to encourage vulnerable children infected with HIV or living with AIDS and their family members and caregivers to avail themselves of voluntary counseling and testing, and related programs, including treatments;
(4) ensure the importance of inheritance rights of women, particularly women in African countries, due to the exponential growth in the number of young widows, orphaned girls, and grandmothers becoming heads of households as a result of the HIV/AIDS pandemic;
(5) provide, in conjunction with other relevant executive branch agencies, the range of services for the care and treatment, including the provision of antiretrovirals and other necessary pharmaceuticals, of children, parents, and caregivers infected with HIV or living with AIDS;
(6) provide nutritional support and food security, and the improvement of overall family health;
(7) work with parents, caregivers, and community-based organizations to provide children with educational opportunities; and
(8) provide appropriate counseling and legal assistance for the appointment of guardians and the handling of other issues relating to the protection of children.
(c) Report 
Not later than 18 months after May 27, 2003, the President should submit a report on the implementation of this section to the appropriate congressional committees. Such report should include a description of activities undertaken to carry out subsection (b)(4).
(d) Authorization of appropriations 

(1) In general 
In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for each of the fiscal years 2004 through 2008 to carry out the program. A significant percentage of the amount appropriated pursuant to the authorization of appropriations under the preceding sentence for a fiscal year should be made available to carry out subsection (b)(4).
(2) Availability of funds 
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.

22 USC 7655 - Pilot program on family survival partnerships

(a) Purpose 
The purpose of this section is to authorize the President to establish a program, through a public-private partnership, for the provision of medical care and support services to HIV positive parents and their children identified through existing programs to prevent mother-to-child transmission of HIV in countries with or at risk for severe HIV epidemic with particular attention to resource constrained countries.
(b) Grants 

(1) In general 
The President is authorized to establish a program for the award of grants to eligible administrative organizations to enable such organizations to award subgrants to eligible entities to expand activities to prevent the mother-to-child transmission of HIV by providing medical care and support services to HIV infected parents and their children.
(2) Use of funds 
Amounts provided under a grant awarded under paragraph (1) shall be used
(A) to award subgrants to eligible entities to enable such entities to carry out activities described in subsection (c);
(B) for administrative support and subgrant management;
(C) for administrative data collection and reporting concerning grant activities;
(D) for the monitoring and evaluation of grant activities;
(E) for training and technical assistance for subgrantees; and
(F) to promote sustainability.
(c) Subgrants 

(1) In general 
An organization awarded a grant under subsection (b) shall use amounts received under the grant to award subgrants to eligible entities.
(2) Eligibility 
To be eligible to receive a subgrant under paragraph (1), an entity shall
(A) be a local health organization, an international organization, or a partnership of such organizations; and
(B) demonstrate to the awarding organization that such entity
(i) is currently administering a proven intervention to prevent mother-to-child transmission of HIV in countries with or at risk for severe HIV epidemic with particular attention to resource constrained countries, as determined by the President;
(ii) has demonstrated support for the proposed program from relevant government entities; and
(iii) is able to provide HIV care, including antiretroviral treatment when medically indicated, to HIV positive women, men, and children with the support of the project funding.
(3) Local health and international organizations 
For purposes of paragraph (2)(A)
(A) the term local health organization means a public sector health system, nongovernmental organization, institution of higher education, community-based organization, or nonprofit">nonprofit health system that provides directly, or has a clear link with a provider for the indirect provision of, primary health care services; and
(B) the term international organization means
(i) a nonprofit">nonprofit international entity;
(ii) an international charitable institution;
(iii) a private voluntary international entity; or
(iv) a multilateral institution.
(4) Priority requirement 
In awarding subgrants under this subsection, the organization shall give priority to eligible applicants that are currently administering a program of proven intervention to HIV positive individuals to prevent mother-to-child transmission in countries with or at risk for severe HIV epidemic with particular attention to resource constrained countries, and who are currently administering a program to HIV positive women, men, and children to provide life-long care in family-centered care programs using non-Federal funds.
(5) Selection of subgrant recipients 
In awarding subgrants under this subsection, the organization should
(A) consider applicants from a range of health care settings, program approaches, and geographic locations; and
(B) if appropriate, award not less than 1 grant to an applicant to fund a national system of health care delivery to HIV positive families.
(6) Use of subgrant funds 
An eligible entity awarded a subgrant under this subsection shall use subgrant funds to expand activities to prevent mother-to-child transmission of HIV by providing medical treatment and care and support services to parents and their children, which may include
(A) providing treatment and therapy, when medically indicated, to HIV-infected women, their children, and families;
(B) the hiring and training of local personnel, including physicians, nurses, other health care providers, counselors, social workers, outreach personnel, laboratory technicians, data managers, and administrative support personnel;
(C) paying laboratory costs, including costs related to necessary equipment and diagnostic testing and monitoring (including rapid testing), complete blood counts, standard chemistries, and liver function testing for infants, children, and parents, and costs related to the purchase of necessary laboratory equipment;
(D) purchasing pharmaceuticals for HIV-related conditions, including antiretroviral therapies;
(E) funding support services, including adherence and psychosocial support services;
(F) operational support activities; and
(G) conducting community outreach and capacity building activities, including activities to raise the awareness of individuals of the program carried out by the subgrantee, other communications activities in support of the program, local advisory board functions, and transportation necessary to ensure program participation.
(d) Reports 
The President shall require that each organization awarded a grant under subsection (b)(1) to submit an annual report that includes
(1) the progress of programs funded under this section;
(2) the benchmarks of success of programs funded under this section; and
(3) recommendations of how best to proceed with the programs funded under this section upon the expiration of funding under subsection (e).
(e) Funding 
There are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for each of the fiscal years 2004 through 2008 to carry out the program.
(f) Limitation on administrative expenses 
An organization shall ensure that not more than 7 percent of the amount of a grant received under this section by the organization is used for administrative expenses.