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22 U.S.C. § 7671 — Policy and requirements

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7671 — Policy and requirements

**(a) Policy** The United States Government’s 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7611&num=0&edition=prelim) shall— (1) establish a target for the prevention and treatment of mother-to-child transmission of HIV that, by 2013, will reach at least 80 percent of pregnant women in those countries most affected by HIV/AIDS in which the United States has HIV/AIDS programs; (2) establish a target that, by 2013, the proportion of children receiving care and treatment under this chapter is proportionate to their numbers within the population of HIV infected individuals in each country; (3) integrate care and treatment with prevention of mother-to-child transmission of HIV programs to improve outcomes for HIV-affected women and families as soon as is feasible and support strategies that promote successful follow-up and continuity of care of mother and child; (4) expand programs designed to care for children orphaned by, affected by, or vulnerable to HIV/AIDS; (5) ensure that women in prevention of mother-to-child transmission of HIV programs are provided with, or referred to, appropriate maternal and child services; and (6) develop a timeline for expanding access to more effective regimes to prevent mot

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Stable record: federal_law:legal_authorities:record_usc_35afc6579283e0e755477006
Source file: Laws/federal/codes/united-states-code/title-22/section-7671-policy-and-requirements--92ada883b9.md
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Source location: Title 22, Chapter 83, § 7671; chapter-083-united-states-leadership-against-hiv-aids-tuberculosis-and-malaria.md

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**(a) Policy** The United States Government’s 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7611&num=0&edition=prelim) shall— (1) establish a target for the prevention and treatment of mother-to-child transmission of HIV that, by 2013, will reach at least 80 percent of pregnant women in those countries most affected by HIV/AIDS in which the United States has HIV/AIDS programs; (2) establish a target that, by 2013, the proportion of children receiving care and treatment under this chapter is proportionate to their numbers within the population of HIV infected individuals in each country; (3) integrate care and treatment with prevention of mother-to-child transmission of HIV programs to improve outcomes for HIV-affected women and families as soon as is feasible and support strategies that promote successful follow-up and continuity of care of mother and child; (4) expand programs designed to care for children orphaned by, affected by, or vulnerable to HIV/AIDS; (5) ensure that women in prevention of mother-to-child transmission of HIV programs are provided with, or referred to, appropriate maternal and child services; and (6) develop a timeline for expanding access to more effective regimes to prevent mother-to-child transmission of HIV, consistent with the national policies of countries in which programs are administered under this chapter and the goal of achieving universal use of such regimes as soon as possible. **(c) Prevention of Mother-to-Child Transmission Expert Panel** (1) **Establishment** — The Global AIDS Coordinator shall establish a panel of experts to be known as the Prevention of Mother-to-Child Transmission Panel (referred to in this subsection as the “Panel”) to— (A) provide an objective review of activities to prevent mother-to-child transmission of HIV; and (B) provide recommendations to the Global AIDS Coordinator and to the appropriate congressional committees for scale-up of mother-to-child transmission prevention services under this chapter in order to achieve the target established in subsection (b)(1). (2) **Membership** — The Panel shall be convened and chaired by the Global AIDS Coordinator, who shall serve as a nonvoting member. The Panel shall consist of not more than 15 members (excluding the Global AIDS Coordinator), to be appointed by the Global AIDS Coordinator not later than 1 year after July 30, 2008, including— (A) 2 members from the Department of Health and Human Services with expertise relating to the prevention of mother-to-child transmission activities; (B) 2 members from the United States Agency for International Development with expertise relating to the prevention of mother-to-child transmission activities; (C) 2 representatives from among health ministers of national governments of foreign countries in which programs under this chapter are administered; (D) 3 members representing organizations implementing prevention of mother-to-child transmission activities under this chapter; (E) 2 health care researchers with expertise relating to global HIV/AIDS activities; and (F) representatives from among patient advocate groups, health care professionals, persons living with HIV/AIDS, and non-governmental organizations with expertise relating to the prevention of mother-to-child transmission activities, giving priority to individuals in foreign countries in which programs under this chapter are administered. (3) **Duties of Panel** — The Panel shall— (A) assess the effectiveness of current activities in reaching the target described in subsection (b)(1); (B) review scientific evidence related to the provision of mother-to-child transmission prevention services, including programmatic data and data from clinical trials; (C) review and assess ways in which the Office of the United States Global AIDS Coordinator collaborates with international and multilateral entities on efforts to prevent mother-to-child transmission of HIV in affected countries; (D) identify barriers and challenges to increasing access to mother-to-child transmission prevention services and evaluate potential mechanisms to alleviate those barriers and challenges; (E) identify the extent to which stigma has hindered pregnant women from obtaining HIV counseling and testing or returning for results, and provide recommendations to address such stigma and its effects; (F) identify opportunities to improve linkages between mother-to-child transmission prevention services and care and treatment programs; and (G) recommend specific activities to facilitate reaching the target described in subsection (b)(1). (4) **Report** (A) *In general* — Not later than 1 year after the date on which the Panel is first convened, the Panel shall submit a report containing a detailed statement of the recommendations, findings, and conclusions of the Panel to the appropriate congressional committees. (B) *Availability* — The report submitted under subparagraph (A) shall be made available to the public. (C) *Consideration by Coordinator* — The Coordinator shall— (i) consider any recommendations contained in the report submitted under subparagraph (A); and (ii) include in the annual report required under [section 2151b–2(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b–2/f&num=0&edition=prelim) a description of the activities conducted in response to the recommendations made by the Panel and an explanation of any recommendations not implemented at the time of the report. (5) **Authorization of appropriations** — There are authorized to be appropriated to the Panel such sums as may be necessary for each of the fiscal years 2009 through 2011 to carry out this section. (6) **Termination** — The Panel shall terminate on the date that is 60 days after the date on which the Panel submits the report to the appropriate congressional committees under paragraph (4).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7611 — Findings

Congress makes the following findings: (1) During the last 20 years, HIV/AIDS has assumed pandemic proportions, spreading from the most severely affected regions, sub-Saharan Africa and the Caribbean, to all corners of the world, and leaving an unprecedented path of death and devastation. (2) According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), more than 65,000,000 individuals worldwide have been infected with HIV since the epidemic began, more than 25,000,000 of these individuals have lost their lives to the disease, and more than 14,000,000 children have been orphaned by the disease. HIV/AIDS is the fourth-highest cause of death in the world. (3) (A) At the end of 2002, an estimated 42,000,000 individuals were infected with HIV or living with AIDS, of which more than 75 percent live in Africa or the Caribbean. Of these individuals, more than 3,200,000 were children under the age of 15 and more than 19,200,000 were women. (B) Women are four times more vulnerable to infection than are men and are becoming infected at increasingly high rates, in part because many societies do not provide poor women and young girls with the social, legal, and cultural protections against high risk activities that expose them to HIV/AIDS. (C) Women and children who are refugees or are internally displaced persons are especially vulnerable to sexual exploitation and violence, thereby increasing the possibility of HIV infection. (4) As the leading cause of death in sub-Saharan Africa, AIDS has killed more than 19,400,000 individuals (more than 3 times the number of AIDS deaths in the rest of the world) and will claim the lives of one-quarter of the population, mostly adults, in the next decade. (5) An estimated 2,000,000 individuals in Latin America and the Car

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7611

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7601 — 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) 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 11 So in original. Probably should be “country”. 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7601

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651a — Organization of Department of State

**(a) Secretary of State** (1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the “Secretary”). (2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate. (3) (A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President. (B) (i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. (ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers. (4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions. **(b) Under Secretaries** (1) **In general** — There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall b

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2651a

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7623 — HIV/AIDS response Coordinator

**(a) Omitted** **(b) Resources** Not later than 90 days after May 27, 2003, the President shall specify the necessary financial and personnel resources, from funds appropriated pursuant to the authorization of appropriations under [section 7671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7671&num=0&edition=prelim) for HIV/AIDS assistance, that shall be assigned to and under the direct control of the Coordinator of United States Government Activities to Combat HIV/AIDS Globally to establish and maintain the duties and supporting activities assigned to the Coordinator by this chapter and the amendments made by this chapter. **(c) Establishment of separate account** There is established in the general fund of the Treasury a separate account which shall be known as the “Activities to Combat HIV/AIDS Globally Fund” and which shall be administered by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally. There shall be deposited into the Fund all amounts appropriated pursuant to the authorization of appropriations under [section 7671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7671&num=0&edition=prelim) for HIV/AIDS assistance, except for amounts appropriated for United States contributions to the Global Fund. **(d) Sense of Congress** It is the sense of Congress that— (1) full-time country level coordinators, preferably with management experience, should head each HIV/AIDS country team for United States missions overseeing significant HIV/AIDS programs; (2) foreign service nationals provide critically important services in the design and implementation of United States country-level HIV/AIDS programs and their skills and experience as public health

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7623

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7631a — Participation in the Global Fund to Fight AIDS, Tuberculosis and Malaria

**(a) Findings; sense of Congress** (1) **Findings** — Congress makes the following findings: (A) The establishment of the Global Fund in January 2002 is consistent with the general principles for an international AIDS trust fund first outlined by Congress in the Global AIDS and Tuberculosis Relief Act of 2000 (Public Law 106–264) [[22 U.S.C. 6801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6801&num=0&edition=prelim) et seq.]. (B) The Global Fund is an innovative financing mechanism which— (i) has made progress in many areas in combating HIV/AIDS, tuberculosis, and malaria; and (ii) represents the multilateral component of this chapter, extending United States efforts to more than 130 countries around the world. (C) The Global Fund and United States bilateral assistance programs— (i) are demonstrating increasingly effective coordination, with each possessing certain comparative advantages in the fight against HIV/AIDS, tuberculosis, and malaria; and (ii) often work most effectively in concert with each other. (D) The United States Government— (i) is the largest supporter of the Global Fund in terms of resources and technical support; (ii) made the founding contribution to the Global Fund; and (iii) is fully committed to the success of the Global Fund as a multilateral public-private partnership. (2) **Sense of Congress** — It is the sense of Congress that— (A) transparency and accountability are crucial to the long-term success and viability of the Global Fund; (B) the Global Fund has made significant progress toward addressing concerns raised by the Government Accountability Office by— (i) improving risk assessment and risk management capabilities; (ii) providing clearer g

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7631a

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7632 — Combating HIV/AIDS, tuberculosis, and malaria by strengthening health policies and health systems of partner countries

**(a) Statement of policy** It shall be the policy of the United States Government— (1) to invest appropriate resources authorized under this chapter— (A) to carry out activities to strengthen HIV/AIDS, tuberculosis, and malaria health policies and health systems; and (B) to provide workforce training and capacity-building consistent with the goals and objectives of this chapter; and (2) to support the development of a sound policy environment in partner countries to increase the ability of such countries— (A) to maximize utilization of health care resources from donor countries; (B) to increase national investments in health and education and maximize the effectiveness of such investments; (C) to improve national HIV/AIDS, tuberculosis, and malaria strategies; (D) to deliver evidence-based services in an effective and efficient manner; and (E) to reduce barriers that prevent recipients of services from achieving maximum benefit from such services. **(b) Assistance to improve public finance management systems** (1) **In general** — Consistent with the authority under [section 2151aa of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151aa&num=0&edition=prelim), the Secretary of the Treasury, acting through the head of the Office of Technical Assistance, is authorized to provide assistance for advisors and partner country finance, health, and other relevant ministries to improve the effectiveness of public finance management systems in partner countries to enable such countries to receive funding to carry out programs to combat HIV/AIDS, tuberculosis, and malaria and to manage such programs. (2) **Authorization of appropriations** — Of the amounts authorized to be appropriated under [section 7671 of this

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7632

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7634 — 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b/c&num=0&edition=prelim)) for such purpose or under any other provision of that Act [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under [section 7671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7671&num=0&edition=prelim), such sums as may be necessary for each of the fiscal years 2009 through 2013 to carry out section 104A of the Foreign Assistance Act of 1961, as added by subsection (a) [[22 U.S.C. 2151b–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b-2&num=0&edition=prelim)]. (2) **Availability of funds** — Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (3) **Allocation of funds** — Of the amount authorized to be appropriated by paragraph (1) for the fiscal years 2009 through 2013, 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b–2/d/4&num=0&edition=prelim)], relating to the procurement and distribution of HIV/AIDS pharmaceuticals. **(c) Food and nutritional support** (1) **In general** — As indicated in the report produced by the Institute of Medicine, entitled “

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7634

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7635 — United States Agency for International Development

(1) **In general** — The Administrator of the United States Agency for International Development, in coordination with the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, may facilitate availability and accessibility of microbicides, provided that such pharmaceuticals are approved, tentatively approved, or otherwise authorized for use by— (A) the Food and Drug Administration; (B) a stringent regulatory agency acceptable to the Secretary of Health and Human Services; or (C) a quality assurance mechanism acceptable to the Secretary of Health and Human Services. (2) **Authorization of appropriations** — Of the amounts authorized to be appropriated under [section 7671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7671&num=0&edition=prelim) for HIV/AIDS assistance, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to carry out this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7635

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7636 — 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b/c&num=0&edition=prelim)) for such purpose or under any other provision of that Act [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under [section 7671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7671&num=0&edition=prelim), a total of $4,000,000,000 for the 5-year period beginning on October 1, 2008.11 So in original. The period probably should not appear. to carry out section 104B of the Foreign Assistance Act of 1961, as added by subsection (a) [[22 U.S.C. 2151b–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b-3&num=0&edition=prelim)]. (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b/c/7&num=0&edition=prelim) (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 2009 through 2013.1 under paragraph (1).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7636

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7651 — Assistance to combat malaria

**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b/c&num=0&edition=prelim)) for such purpose or under any other provision of that Act [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under [section 7671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7671&num=0&edition=prelim), $5,000,000,000 during the 5-year period beginning on October 1, 2008 to carry out section 104C of the Foreign Assistance Act of 1961, as added by subsection (a) [[22 U.S.C. 2151b–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b-4&num=0&edition=prelim)], 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b/c&num=0&edition=prelim) 11 So in original. Probably should be followed by a second closing parenthesis. (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7651

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