22 U.S.C. § 7636 — Study on illegal diversions of prescription

Page 1990 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7635 (A) the countries and activities to which malaria resources have been allocated; (B) the number of people reached through malaria assistance programs, including data on children and pregnant women; (C) research efforts to develop new tools to combat malaria, including drugs and vac- cines; (D) the collaboration and coordination of United States antimalarial efforts with the World Health Organization, the Global Fund, the World Bank, other donor governments, major private efforts, and relevant executive agencies; (E) the coordination of United States anti- malarial efforts with the national malarial strategies of other donor or partner govern- ments and major private initiatives; (F) the estimated impact of United States assistance on childhood mortality and mor- bidity from malaria; (G) the coordination of antimalarial ef- forts with broader health and development programs; and (H) the constraints on implementation of programs posed by health workforce short- ages or capacities; and (I) the number of personnel trained as health workers and the training levels achieved. (Pub. L. 108–25, title III, § 304, May 27, 2003, 117 Stat. 737; Pub. L. 110–293, title III, § 304, July 30, 2008, 122 Stat. 2961.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (f) and (g), 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—Pub. L. 110–293 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to a pilot program for the placement of health care professionals in overseas areas severely affected by HIV/AIDS, tuberculosis, and malaria. 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. § 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 con- gressional 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 infec- tions; (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 af- fected by the pandemic) to administer antiretrovirals, manage side effects, and monitor patients’ viral loads and immune status; (E) the status of strategies to promote sus- tainability of HIV/AIDS pharmaceuticals (including antiretrovirals) and the effects of drug resistance on HIV/AIDS patients; and (F) the status of appropriate law enforce- ment officials working to ensure that HIV/ AIDS pharmaceutical treatment is not di- minished through illegal counterfeiting and black market sales of such pharmaceuticals; (2) information on existing pilot projects, in- cluding a discussion of why a given population was selected, the number of people treated, the cost of treatment, the mechanisms estab- lished to ensure that treatment is being ad- ministered effectively and safely, and plans for scaling up pilot projects (including projected timelines and required resources); and (3) an explanation of how those activities re- late to efforts to prevent the transmission of the HIV infection. (Pub. L. 108–25, title III, § 305, May 27, 2003, 117 Stat. 739.) 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, and Memorandum of President of Feb. 23, 2004, 69 F.R. 9509, set out as a note under section 7611 of this title. § 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 co- ordination with other agencies, shall submit a report to the Congress that includes the fol- lowing: (1) A thorough accounting of evidence indi- cating illegal diversion into the United States of prescription drugs donated or sold for hu- manitarian efforts, and an estimate of the ex- tent of such diversion. (2) Recommendations to increase the admin- istrative and enforcement powers of the United States to identify, monitor, and pre- vent the illegal diversion into the United States of prescription drugs donated or sold for humanitarian efforts. (3) Recommendations and guidelines to ad- vise and provide technical assistance to devel- oping countries on how to implement a pro- gram that minimizes diversion into the United States of prescription drugs donated or sold for humanitarian efforts. Page 1991 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7652 (Pub. L. 108–25, title III, § 307, May 27, 2003, 117 Stat. 740.) PART B—ASSISTANCE FOR WOMEN, CHILDREN, AND FAMILIES § 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 deliv- ery 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 moth- er-to-child transmission by nearly 50 percent. Universal availability of this drug could pre- vent up to 400,000 infections per year and dra- matically reduce the number of AIDS-related deaths. (4) At the United Nations Special Session on HIV/AIDS in June 2001, the United States com- mitted 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 Com- mitment on HIV/AIDS adopted by the United Nations General Assembly at the Special Ses- sion. (5) Several United States Government agen- cies including the United States Agency for International Development and the Centers for Disease Control are already supporting programs to prevent mother-to-child trans- mission 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 trans- mission can provide the basis for a broader re- sponse 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 be- tween 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. (Pub. L. 108–25, title III, § 311, May 27, 2003, 117 Stat. 740.) § 7652. 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 chil- dren 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 na- tional governments, and international organiza- tions. (b) Requirements The 5-year United States Government strategy required by section 7611 of this title 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 per- cent 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 pro- portion of children receiving care and treat- ment under this chapter is proportionate to their numbers within the population of HIV infected individuals in each country; (3) integrate care and treatment with pre- vention of mother-to-child transmission of HIV programs to improve outcomes for HIV- affected women and families as soon as is fea- sible and support strategies that promote suc- cessful follow-up and continuity of care of mother and child; (4) expand programs designed to care for children orphaned by, affected by, or vulner- able 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 pro- grams are administered under this chapter and the goal of achieving universal use of such re- gimes 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 Preven- tion of Mother-to-Child Transmission Panel (referred to in this subsection as the ‘‘Panel’’) to— (A) provide an objective review of activi- ties 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