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

(a) Balanced funding requirement: (1) In general — The Global AIDS Coordinator^* must (A) fund prevention activities for sexually transmitted HIV/AIDS^* in a balanced way, and (B) make sure activities promoting abstinence, delaying first sexual activity, monogamy, fidelity, and reducing partners are funded meaningfully and fairly in each host country's strategy, based on objective epidemiological evidence about how infections are spreading, and in consultation with that country's government. (2) Prevention strategy — (A) The Coordinator must set up a strategy governing how funds under this chapter are spent to prevent sexual transmission of HIV^* in any host country with a widespread epidemic. (B) In each such country, if the strategy gives less than 50 percent of the relevant funds to abstinence, delay, monogamy, fidelity, and partner-reduction activities, the Coordinator must, within 30 days of issuing the strategy, report to Congress explaining why. (3) Exclusion — Certain programs don't count toward that 50-percent calculation: new prevention technologies or approaches like medical male circumcision, public education about blood-exposure risks, promoting universal precautions, investigating suspected hospital-acquired infections, pre-exposure drug prevention, microbicides, HIV counseling and testing, and mother-to-child transmission prevention. (4) Report — Starting one year after July 30, 2008, and every year after, the President must report to the relevant congressional committees on how paragraph (2) was carried out for the most recent fiscal year, and make that report public.

(b) Orphans and vulnerable children: For fiscal years 2009 through 2024, and through March 25 of fiscal year 2025, at least 10 percent of the money appropriated or otherwise made available for HIV/AIDS^* assistance under section 2151b–2 must be spent on assistance for orphans and other children affected by, or vulnerable to, HIV/AIDS. At least 50 percent of that amount must go through nonprofit, nongovernmental organizations — including faith-based ones — that run programs at the community level.

(c) Funding allocation: For the same period, more than half of the money made available under section 2151b–2 must be spent on: (1) antiretroviral treatment for HIV/AIDS; (2) clinical monitoring of HIV-positive people who don't yet need treatment; (3) care for related opportunistic infections; (4) nutrition and food support for people living with HIV/AIDS; and (5) other essential HIV/AIDS-related medical care.

(d) Treatment, prevention, and care goals: For each of fiscal years 2009 through 2013: (1) the 2,000,000-person treatment goal set in section 7672(a)(3) must rise by at least the same percentage that bilateral global HIV/AIDS funding rose for that year compared to fiscal year 2008; (2) any increase in the treatment goal beyond that percentage must be based on long-term need, epidemiological evidence, how much of the treatment need is being met by partner governments and other funding sources, and other relevant factors; (3) the treatment goal must also rise by whatever percentage the average U.S. government cost per treated patient has fallen compared to fiscal year 2008; and (4) the prevention and care goals in section 2151b–2(b)(1)(A), clauses (i) and (iv), must rise consistent with epidemiological evidence and available resources.