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

Page 1995 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7673 1 So in original. Probably should be ‘‘country’’. (d) Reports The President shall require that each organi- zation 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 sub- section (e). (e) Funding There are authorized to be appropriated to the President, from amounts authorized to be appro- priated 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 pro- gram. (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. (Pub. L. 108–25, title III, § 315, May 27, 2003, 117 Stat. 743.) Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS § 7671. Authorization of appropriations (a) In general There are authorized to be appropriated to the President to carry out this chapter and the amendments made by this chapter $48,000,000,000 for the 5-year period beginning on October 1, 2008. (b) Availability Amounts appropriated pursuant to the author- ization of appropriations in subsection (a) are authorized to remain available until expended. (c) Availability of authorizations Authorizations of appropriations under sub- section (a) shall remain available until the ap- propriations are made. (Pub. L. 108–25, title IV, § 401, May 27, 2003, 117 Stat. 745; Pub. L. 110–293, title IV, § 401(a), July 30, 2008, 122 Stat. 2966.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–293 substituted ‘‘$48,000,000,000 for the 5-year period beginning on Octo- ber 1, 2008’’ for ‘‘$3,000,000,000 for each of the fiscal years 2004 through 2008’’. § 7672. Sense of Congress (a) Increase in HIV/AIDS antiretroviral treat- ment It is a sense of the Congress that an urgent priority of United States assistance programs to fight HIV/AIDS should be the rapid increase in distribution of antiretroviral treatment so that— (1) by the end of fiscal year 2004, at least 500,000 individuals with HIV/AIDS are receiv- ing antiretroviral treatment through United States assistance programs; (2) by the end of fiscal year 2005, at least 1,000,000 such individuals are receiving such treatment; and (3) by the end of fiscal year 2006, at least 2,000,000 such individuals are receiving such treatment. (b) Effective distribution of HIV/AIDS funds It is the sense of Congress that, of the amounts appropriated pursuant to the author- ization of appropriations under section 7671 of this title for HIV/AIDS assistance, 10 percent should be used for orphans and vulnerable chil- dren. (Pub. L. 108–25, title IV, § 402, May 27, 2003, 117 Stat. 745; Pub. L. 110–293, title IV, § 402, July 30, 2008, 122 Stat. 2966.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–293 substituted ‘‘10 per- cent should be used’’ for ‘‘an effective distribution of such amounts would be— ‘‘(1) 55 percent of such amounts for treatment of in- dividuals with HIV/AIDS; ‘‘(2) 15 percent of such amounts for palliative care of individuals with HIV/AIDS; ‘‘(3) 20 percent of such amounts for HIV/AIDS pre- vention consistent with section 2151b–2(d) of this title, of which such amount at least 33 percent should be expended for abstinence-until-marriage programs; and ‘‘(4) 10 percent of such amounts’’. § 7673. Allocation of funds (a) Balanced funding requirement (1) In general The Global AIDS Coordinator shall— (A) provide balanced funding for preven- tion activities for sexual transmission of HIV/AIDS; and (B) ensure that activities promoting absti- nence, delay of sexual debut, monogamy, fi- delity, and partner reduction are imple- mented and funded in a meaningful and equi- table way in the strategy for each host coun- try based on objective epidemiological evi- dence as to the source of infections and in consultation with the government of each host county 1 involved in HIV/AIDS preven- tion activities. (2) Prevention strategy (A) Establishment In carrying out paragraph (1), the Global AIDS Coordinator shall establish an HIV Page 1996 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7673 sexual transmission prevention strategy governing the expenditure of funds author- ized 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 subpara- graph (A), if the strategy established under subparagraph (A) provides less than 50 per- cent of the funds described in subparagraph (A) for activities promoting abstinence, delay of sexual debut, monogamy, fidelity, and partner reduction, the Global AIDS Co- ordinator 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 mo- dalities, 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 pharma- ceutical prophylaxis to prevent transmission of HIV, or microbicides and programs and ac- tivities 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 Not later than 1 year after July 30, 2008, and annually thereafter as part of the annual re- port required under section 2151b–2(e) of this title, the President shall— (A) submit a report on the implementation of paragraph (2) for the most recently con- cluded fiscal year to the appropriate con- gressional committees; and (B) make the report described in subpara- graph (A) available to the public. (b) Orphans and vulnerable children For fiscal years 2009 through 2024 and fiscal year 2025 through March 25 of such fiscal year, not less than 10 percent of the amounts appro- priated or otherwise made available to carry out the provisions of section 2151b–2 of this title 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 per- cent shall be provided through non-profit, non- governmental organizations, including faith- based organizations, that implement programs on the community level. (c) Funding allocation For 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 ap- propriated or otherwise made available to carry out the provisions of section 2151b–2 of this title 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 infec- tions; (4) nutrition and food support for people liv- ing 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) the treatment goal under section 7672(a)(3) of this title 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 com- pared with fiscal year 2008; (2) any increase in the treatment goal under section 7672(a)(3) of this title above the per- centage 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, epi- demiological evidence, the share of treatment needs being met by partner governments and other sources of treatment funding, and other appropriate factors; (3) the treatment goal under section 7672(a)(3) of this title shall be increased above the number calculated under paragraph (1) by the same percentage that the average United States Government cost per patient of pro- viding treatment in countries receiving bilat- eral HIV/AIDS assistance has decreased com- pared with fiscal year 2008; and (4) the prevention and care goals established in clauses (i) and (iv) of section 2151b–2(b)(1)(A) of this title shall be increased consistent with epidemiological evidence and available re- sources. (Pub. L. 108–25, title IV, § 403, May 27, 2003, 117 Stat. 746; Pub. L. 110–293, title IV, § 403, July 30, 2008, 122 Stat. 2966; Pub. L. 113–56, § 6, Dec. 2, 2013, 127 Stat. 654; Pub. L. 115–305, § 4, Dec. 11, 2018, 132 Stat. 4403; Pub. L. 118–47, div. F, title VII, § 7072(c), Mar. 23, 2024, 138 Stat. 853.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2)(A), was in the original ‘‘this Act’’, meaning Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–47, § 7072(c)(1), sub- stituted ‘‘2024 and fiscal year 2025 through March 25 of such fiscal year’’ for ‘‘2023’’. Subsec. (c). Pub. L. 118–47, § 7072(c)(2), substituted ‘‘2024 and for fiscal year 2025 through March 25 of such fiscal year’’ for ‘‘2023’’ in introductory provisions. 2018—Subsec. (b). Pub. L. 115–305, § 4(1), substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (c). Pub. L. 115–305, § 4(2), substituted ‘‘2023’’ for ‘‘2018’’ in introductory provisions. 2013—Subsec. (b). Pub. L. 113–56, § 6(a), substituted ‘‘2018’’ for ‘‘2013’’ and ‘‘amounts appropriated or other- wise made available to carry out the provisions of sec- tion 2151b–2 of this title’’ for ‘‘amounts appropriated pursuant to the authorization of appropriations under section 7671 of this title’’. Subsec. (c). Pub. L. 113–56, § 6(b), substituted ‘‘2018’’ for ‘‘2013’’ and ‘‘amounts appropriated or otherwise made available to carry out the provisions of section 2151b–2 of this title’’ for ‘‘amounts appropriated for bi- Page 1997 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7701 lateral global HIV/AIDS assistance pursuant to section 7671 of this title’’ in introductory provisions. 2008—Subsec. (a). Pub. L. 110–293, § 403(1), 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 section 7671 of this title 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 pharma- ceuticals 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 section 7671 of this title for HIV/AIDS prevention consistent with section 2151b–2(d) of this title for each such fiscal year shall be expended for abstinence-until-marriage programs.’’ Subsec. (b). Pub. L. 110–293, § 403(2), substituted ‘‘fis- cal years 2009 through 2013’’ for ‘‘fiscal years 2006 through 2008’’ and ‘‘other children affected by, or vul- nerable to,’’ for ‘‘vulnerable children affected by’’. Subsecs. (c), (d). Pub. L. 110–293, § 403(3), added sub- secs. (c) and (d). § 7674. Assistance from the United States private sector to prevent and reduce HIV/AIDS in sub-Saharan Africa It is the sense of Congress that United States businesses should be encouraged to provide as- sistance to sub-Saharan African countries to prevent and reduce the incidence of HIV/AIDS in sub-Saharan Africa. In providing such assist- ance, United States businesses should be encour- aged to consider the establishment of an HIV/ AIDS Response Fund in order to provide for co- ordination among such businesses in the collec- tion and distribution of the assistance to sub- Saharan African countries. (Pub. L. 108–25, title IV, § 404, May 27, 2003, 117 Stat. 746.) SUBCHAPTER V—INTERNATIONAL FINANCIAL INSTITUTIONS § 7681. Report on expansion of debt relief to non- HIPC countries (a) In general Not later than 90 days after May 27, 2003, the Secretary of the Treasury shall submit to Con- gress a report on— (1) the options and costs associated with the expansion of debt relief provided by the En- hanced HIPC Initiative to include poor coun- tries that were not eligible for inclusion in the Enhanced HIPC Initiative; (2) options for burden-sharing among donor countries and multilateral institutions of costs associated with the expansion of debt re- lief; and (3) options, in addition to debt relief, to en- sure debt sustainability in poor countries, par- ticularly in cases when the poor country has suffered an external economic shock or a nat- ural disaster. (b) Specific options to be considered Among the options for the expansion of debt relief provided by the Enhanced HIPC Initiative, consideration should be given to making eligible for that relief poor countries for which out- standing public and publicly guaranteed debt re- quires annual payments in excess of 10 percent or, in the case of a country suffering a public health crisis (as defined in section 262p–8(e) of this title), not more than 5 percent, of the amount of the annual current revenues received by the country from internal resources. (c) Enhanced HIPC Initiative defined In this section, the term ‘‘Enhanced HIPC Ini- tiative’’ means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G–7 Finance Ministers on the Co- logne Debt Initiative to the Cologne Economic Summit, Cologne, June 18–20, 1999. (Pub. L. 108–25, title V, § 502, May 27, 2003, 117 Stat. 749.) § 7682. Authorization of appropriations (a) In general There are authorized to be appropriated to the President such sums as may be necessary for the fiscal year 2004 and each fiscal year thereafter to carry out section 262p–8 of this title. (b) Availability of funds Amounts appropriated pursuant to subsection (a) are authorized to remain available until ex- pended. (Pub. L. 108–25, title V, § 503, May 27, 2003, 117 Stat. 749.) CHAPTER 84—MILLENNIUM CHALLENGE Sec. 7701. Purposes. 7702. Definitions. 7703. Establishment and management of the Mil- lennium Challenge Corporation. 7704. Authorization of assistance. 7705. Candidate countries. 7706. Eligible countries. 7707. Congressional and public notification of can- didate countries, eligibility criteria, and el- igible countries. 7708. Millennium Challenge Compact. 7709. Congressional and public notification. 7710. Suspension and termination of assistance. 7711. Disclosure. 7712. Annual report. 7713. Powers of the Corporation; related provisions. 7714. Coordination with United States Agency for International Development. 7715. Assistance to certain candidate countries. 7716. General personnel authorities. 7717. Personnel outside the United States. 7718. Authorization of appropriations. § 7701. Purposes The purposes of this chapter are— (1) to provide United States assistance for global development through the Millennium Challenge Corporation, as described in section 7703 of this title; and (2) to provide such assistance in a manner that promotes economic growth and the elimi- nation of extreme poverty and strengthens good governance, economic freedom, and in- vestments in people. (Pub. L. 108–199, div. D, title VI, § 602, Jan. 23, 2004, 118 Stat. 211.)