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Title 22 — Foreign Relations and Intercourse

Chapter 83 — United States Leadership Against Hiv/aids, Tuberculosis, and Malaria

§ 7612. HIV/AIDS response Coordinator

Statutory text

(a)

Omitted

(b)

Resources

Not later than 90 days after , 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 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 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 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 obligations of the positions.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003

    Pub. L. 108–25 title I § 102 · 117 Stat. 711

    Enacted · 22 U.S.C. § 7612

    Pub. L. 108–25, title I, § 102, May 27, 2003, 117 Stat. 721

    Source evidence

    Code source credit
    Pub. L. 108–25, title I, § 102, May 27, 2003, 117 Stat. 721

    Enacted provision · exact public law section
    SEC. 102. HIV/AIDS RESPONSE COORDINATOR. (a) Establishment of Position.— Section 1 of the State Department Basic Authorities Act of 22 USC 2651a. 1956 (22 U.S.C. 265(a)) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: “(f) HIV/AIDS Response Coordinator.— “(1) In general.— There President. shall be established within the Department of State in the immediate office of the Secretary of State a Coordinator of United States Government Activities to Combat HIV/AIDS Globally, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary. “(2) Authorities and duties; definitions.— “(A) Authorities.— The Coordinator, acting through such nongovernmental organizations (including faith-based and community-based organizations) and relevant executive branch agencies as may be necessary and appropriate to effect the purposes of this section, is authorized— “(i) to operate internationally to carry out prevention, care, treatment, support, capacity development, and other activities for combatting HIV/AIDS; “(ii) to transfer and allocate funds to relevant executive branch agencies; and “(iii) to provide grants to, and enter into contracts with, nongovernmental organizations (including faith-based and community-based organizations) to carry out the purposes of section. “(B) Duties.— “(i) In general.— The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to combat the HIV/AIDS pandemic, including all programs, projects, and activities of the United States Government relating to the HIV/AIDS pandemic under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 or any amendment made by that Act. “(ii) Specific duties.— The duties of the Coordinator shall specifically include the following: “(I) Ensuring program and policy coordination among the relevant executive branch agencies and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs. “(II) Ensuring that each relevant executive branch agency undertakes programs primarily in those areas where the agency has the greatest expertise, technical capabilities, and potential for success. “(III) Avoiding duplication of effort. “(IV) Ensuring coordination of relevant executive branch agency activities in the field. “(V) Pursuing coordination with other countries and international organizations. “(VI) Resolving policy, program, and funding disputes among the relevant executive branch agencies. “(VII) Directly approving all activities of the United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote d’Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Zambia, and other countries designated by the President, which other designated countries may include those countries in which the United States is implementing HIV/AIDS programs as of the date of the enactment of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. “(VIII) Establishing due diligence criteria for all recipients of funds section and all activities subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities. “(C) Definitions.— In this paragraph: “(i) AIDS.— The term ‘AIDS’ means acquired immune deficiency syndrome. “(ii) HIV.— The term ‘HIV’ means the human immunodeficiency virus, the pathogen that causes AIDS. “(iii) HIV/AIDS.— The term ‘HIV/AIDS’ means, with respect to an individual, an individual who is infected with HIV or living with AIDS. “(iv) Relevant executive branch agencies.— The term ‘relevant executive branch agencies’ means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including the Public Health Service), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act.” . (b) Resources.— Not Deadline. President. later than 90 days after the date of enactment of this Act, the President shall specify the necessary financial and personnel resources, from funds appropriated pursuant to the authorization of appropriations under section 401 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 Act and the amendments made by this Act. (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 401 for HIV/AIDS assistance, except for amounts appropriated for United States contributions to the Global Fund.

  2. Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008

    Pub. L. 110–293 title I § 103 · 122 Stat. 2918

    Added · 22 U.S.C. § 7612(d)

    Pub. L. 110–293 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–293 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 103. SENSE OF CONGRESS.   Section 102 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7612) is amended by adding at the end the following: “(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 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 obligations of the positions.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 108–25, , 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
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, , 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Credits

2003–2008 · 2 acts
  1. 2003Pub. L. 108–25, title I, § 102, , 117 Stat. 721
  2. 2008Pub. L. 110–293, title I, § 103, , 122 Stat. 2935.
Show as published

(Pub. L. 108–25, title I, § 102, , 117 Stat. 721; Pub. L. 110–293, title I, § 103, , 122 Stat. 2935.)

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