22 U.S.C. § 7612 — HIV/AIDS response Coordinator

Page 1977 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7612 (ii) where providing such comparable data is not currently practicable, an expla- nation of why it is not currently prac- ticable, and when it will be practicable. (3) Publication Not later than 90 days after the completion of each study under paragraph (1), the Global AIDS Coordinator shall make the results of such study available on a publicly accessible Web site. (4) Partner country defined In this subsection, the term ‘‘partner coun- try’’ means a country with a minimum United States Government investment of HIV/AIDS assistance of at least $5,000,000 in the prior fis- cal year. (h) Message The Global AIDS Coordinator shall develop a message, to be prominently displayed by each program receiving funds under this chapter, that— (1) demonstrates that the program is a com- mitment by citizens of the United States to the global fight against HIV/AIDS, tuber- culosis, and malaria; and (2) enhances awareness by program recipi- ents that the program is an effort on behalf of the citizens of the United States. (Pub. L. 108–25, title I, § 101, May 27, 2003, 117 Stat. 718; Pub. L. 110–293, title I, § 101, July 30, 2008, 122 Stat. 2923; Pub. L. 113–56, §§ 2, 3(a), Dec. 2, 2013, 127 Stat. 648; Pub. L. 115–305, § 2, Dec. 11, 2018, 132 Stat. 4402; Pub. L. 118–47, div. F, title VII, § 7072(a), Mar. 23, 2024, 138 Stat. 852.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(2)(B)(vi), (vii), (f)(1)(A), (g)(1)(B), and (h), 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 com- plete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. AMENDMENTS 2024—Subsec. (f)(1)(A). Pub. L. 118–47, § 7072(a)(1)(A), substituted ‘‘March 25 of fiscal year 2025’’ for ‘‘2023’’. Subsec. (f)(1)(C)(iv). Pub. L. 118–47, § 7072(a)(1)(B), sub- stituted ‘‘eleven’’ for ‘‘nine’’ and ‘‘2025’’ for ‘‘2023’’. Subsec. (g)(1). Pub. L. 118–47, § 7072(a)(2)(A), sub- stituted ‘‘March 25, 2025’’ for ‘‘September 30, 2024’’ in in- troductory provisions. Subsec. (g)(2). Pub. L. 118–47, § 7072(a)(2)(B), sub- stituted ‘‘2025’’ for ‘‘2024’’ in heading and ‘‘March 25, 2025’’ for ‘‘September 30, 2024’’ in introductory provi- sions. 2018—Subsec. (f)(1)(A). Pub. L. 115–305, § 2(1)(A), sub- stituted ‘‘2023’’ for ‘‘2018’’. Subsec. (f)(1)(C)(iv). Pub. L. 115–305, § 2(1)(B), sub- stituted ‘‘nine’’ for ‘‘four’’ and ‘‘2023’’ for ‘‘2018’’. Subsec. (g)(1). Pub. L. 115–305, § 2(2)(A), substituted ‘‘2024’’ for ‘‘2019’’ in introductory provisions. Subsec. (g)(2). Pub. L. 115–305, § 2(2)(B), substituted ‘‘2024’’ for ‘‘2018’’ in heading and introductory provi- sions. 2013—Subsec. (f)(1)(A). Pub. L. 113–56, § 2(1), sub- stituted ‘‘coordinated annual plans for oversight activ- ity in each of the fiscal years 2009 through 2018’’ for ‘‘5 coordinated annual plans for oversight activity in each of the fiscal years 2009 through 2013’’. Subsec. (f)(1)(C)(ii). Pub. L. 113–56, § 2(2)(A), sub- stituted ‘‘2010 through 2013 plans’’ for ‘‘Subsequent plans’’ in heading and ‘‘the plans for fiscal years 2010 through 2013’’ for ‘‘the last four plans’’ in text. Subsec. (f)(1)(C)(iii), (iv). Pub. L. 113–56, § 2(2)(B), added cls. (iii) and (iv). Subsec. (g)(1). Pub. L. 113–56, § 3(a)(1), substituted ‘‘through September 30, 2019’’ for ‘‘through September 30, 2013’’ in introductory provisions. Subsec. (g)(2), (3). Pub. L. 113–56, § 3(a)(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsec. (g)(4). Pub. L. 113–56, § 3(a)(4), added par. (4). 2008—Subsec. (a). Pub. L. 110–293, § 101(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) required the President to establish a comprehensive, integrated, five-year strategy to combat global HIV/ AIDS that strengthened the capacity of the United States to be an effective leader of the international campaign against HIV/AIDS and set out standards in pars. (1) to (10) for this strategy. Subsec. (b). Pub. L. 110–293, § 101(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) consisted of pars. (1) to (3) relating to presidential submission of a report to Congress setting forth the strategy de- scribed in subsec. (a). Subsec. (c). Pub. L. 110–293, § 101(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the study of success rates and distribution of re- sources under the strategy described in subsec. (a). Subsecs. (d) to (f). Pub. L. 110–293, § 101(d), added sub- secs. (d) to (f). Subsecs. (g), (h). Pub. L. 110–293, § 101(e), added sub- secs. (g) and (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. Executive Documents DELEGATION OF CERTAIN AUTHORITY UNDER THE UNITED STATES LEADERSHIP AGAINST HIV/AIDS, TUBER- CULOSIS, AND MALARIA ACT OF 2003 For delegation of functions of President under this chapter to Secretary of State, see Delegation of Func- tions note set out under section 7601 of this title. Memorandum of President of the United States, Feb. 23, 2004, 69 F.R. 9509, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by sections 202(c), 305, and 313 of the United States Leadership Against HIV/AIDS, Tuber- culosis, and Malaria Act of 2003 (Public Law 108–25) [22 U.S.C. 7622(c), 7635, and 7653], to provide the specified reports to the Congress. In addition, I delegate to you the authority vested in the President by section 101 of Public Law 108–25 [22 U.S.C. 7611] to establish a com- prehensive, integrated, 5-year strategy to combat glob- al HIV/AIDS and to submit to the appropriate congres- sional committees a report setting forth the strategy. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 7612. HIV/AIDS response Coordinator (a) Omitted (b) Resources Not later than 90 days after May 27, 2003, the President shall specify the necessary financial Page 1978 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7612a and personnel resources, from funds appro- priated pursuant to the authorization of appro- priations under section 7671 of this title 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 amend- ments 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 ap- propriated pursuant to the authorization of ap- propriations under section 7671 of this title for HIV/AIDS assistance, except for amounts appro- priated 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, pref- erably with management experience, should head each HIV/AIDS country team for United States missions overseeing significant HIV/ AIDS programs; (2) foreign service nationals provide criti- cally important services in the design and im- plementation of United States country-level HIV/AIDS programs and their skills and expe- rience as public health professionals should be recognized within hiring and compensation practices; and (3) staffing levels for United States country- level HIV/AIDS teams should be adequately maintained to fulfill oversight and other obli- gations of the positions. (Pub. L. 108–25, title I, § 102, May 27, 2003, 117 Stat. 721; Pub. L. 110–293, title I, § 103, July 30, 2008, 122 Stat. 2935.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. CODIFICATION Section is comprised of section 102 of Pub. L. 108–25. Subsec. (a) of section 102 of Pub. L. 108–25 amended sec- tion 2651a of this title. AMENDMENTS 2008—Subsec. (d). Pub. L. 110–293 added subsec. (d). 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. § 7612a. HIV/AIDS Working Capital Fund (1) In furtherance of the purposes of section 2151b–2 of this title, and to assist in providing a safe, secure, reliable, and sustainable supply chain of pharmaceuticals and other products needed to provide care and treatment of persons with HIV/AIDS and related infections, the Coor- dinator of the United States Government Activi- ties to Combat HIV/AIDS Globally (the ‘‘Coordi- nator’’) is authorized to establish an HIV/AIDS Working Capital Fund (in this section referred to as the ‘‘HIV/AIDS Fund’’). (2) Funds deposited during any fiscal year in the HIV/AIDS Fund shall be available without fiscal year limitation and used for pharma- ceuticals and other products needed to provide care and treatment of persons with HIV/AIDS and related infections, including, but not lim- ited to— (A) anti-retroviral drugs; (B) other pharmaceuticals and medical items needed to provide care and treatment to per- sons with HIV/AIDS and related infections; (C) laboratory and other supplies for per- forming tests related to the provision of care and treatment to persons with HIV/AIDS and related infections; (D) other medical supplies needed for the op- eration of HIV/AIDS treatment and care cen- ters, including products needed in programs for the prevention of mother-to-child trans- mission; (E) pharmaceuticals and health commodities needed for the provision of palliative care; and (F) laboratory and clinical equipment, as well as equipment needed for the transpor- tation and care of HIV/AIDS supplies, and other equipment needed to provide prevention, care and treatment of HIV/AIDS described above. (3) There may be deposited during any fiscal year in the HIV/AIDS Fund payments for HIV/ AIDS pharmaceuticals and products provided from the HIV/AIDS Fund received from applica- ble appropriations and funds of the United States Agency for International Development, the Department of Health and Human Services, the Department of Defense, or other Federal agencies and other sources at actual cost of the HIV/AIDS pharmaceuticals and other products, actual cost plus the additional costs of pro- viding such HIV/AIDS pharmaceuticals and other products, or at any other price agreed to by the Coordinator or his designee. (4) There may be deposited in the HIV/AIDS Fund payments for the loss of, or damage to, HIV/AIDS pharmaceuticals and products held in the HIV/AIDS Fund, rebates, reimbursements, refunds and other credits applicable to the oper- ation of the HIV/AIDS Fund. (5) At the close of each fiscal year the Coordi- nator may transfer out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas such amounts as the Coordinator determines to be in excess of the needs of the HIV/AIDS Fund. (6) At the close of each fiscal year the Coordi- nator shall submit a report to the Committees on Appropriations detailing the financial activi- ties of the HIV/AIDS Fund, including sources of income and information regarding disburse- ments.