22 U.S.C. § 7631

Assistance to combat HIV/AIDS

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(a) Omitted(b) Authorization of appropriations(1) In general

In addition to funds available under section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) for such purpose or under any other provision of that Act [22 U.S.C. 2151 et seq.], there are authorized to be appropriated to the President, from amounts authorized to be appropriated under section 7671 of this title, such sums as may be necessary for each of the fiscal years 2009 through 2013 to carry out section 104A of the Foreign Assistance Act of 1961, as added by subsection (a) [22 U.S.C. 2151b–2].

(2) Availability of funds

Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.

(3) Allocation of funds

Of the amount authorized to be appropriated by paragraph (1) for the fiscal years 2009 through 2013, such sums as may be necessary are authorized to be appropriated to carry out section 104A(d)(4) of the Foreign Assistance Act of 1961 (as added by subsection (a)) [22 U.S.C. 2151b–2(d)(4)], relating to the procurement and distribution of HIV/AIDS pharmaceuticals.

(c) Food and nutritional support(1) In generalAs indicated in the report produced by the Institute of Medicine, entitled “PEPFAR Implementation: Progress and Promise”, inadequate caloric intake has been clearly identified as a principal reason for failure of clinical response to antiretroviral therapy. In recognition of the impact of malnutrition as a clinical health issue for many persons living with HIV/AIDS that is often associated with health and economic impacts on these individuals and their families, the Global AIDS Coordinator and the Administrator of the United States Agency for International Development shall—(A) follow World Health Organization guidelines for HIV/AIDS food and nutrition services;(B) integrate nutrition programs with HIV/AIDS activities through effective linkages among the health, agricultural, and livelihood sectors and establish additional services in circumstances in which referrals are inadequate or impossible;(C) provide, as a component of care and treatment programs for persons with HIV/AIDS, food and nutritional support to individuals infected with, and affected by, HIV/AIDS who meet established criteria for nutritional support (including clinically malnourished children and adults, and pregnant and lactating women in programs in need of supplemental support), including—(i) anthropometric and dietary assessment;(ii) counseling; and(iii) therapeutic and supplementary feeding;(D) provide food and nutritional support for children affected by HIV/AIDS and to communities and households caring for children affected by HIV/AIDS; and(E) in communities where HIV/AIDS and food insecurity are highly prevalent, support programs to address these often intersecting health problems through community-based assistance programs, with an emphasis on sustainable approaches.(2) Authorization of appropriations

Of the amounts authorized to be appropriated under section 7671 of this title, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to carry out this subsection.

(d) Eligibility for assistanceAn organization, including a faith-based organization, that is otherwise eligible to receive assistance under section 104A of the Foreign Assistance Act of 1961 [22 U.S.C. 2151b–2], under this chapter, or under any amendment made by this chapter or by the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, for HIV/AIDS prevention, treatment, or care—(1) shall not be required, as a condition of receiving such assistance—(A) to endorse or utilize a multisectoral or comprehensive approach to combating HIV/AIDS; or(B) to endorse, utilize, make a referral to, become integrated with, or otherwise participate in any program or activity to which the organization has a religious or moral objection; and(2) shall not be discriminated against in the solicitation or issuance of grants, contracts, or cooperative agreements under such provisions of law for refusing to meet any requirement described in paragraph (1).(e) Limitation

No funds made available to carry out this chapter, or any amendment made by this chapter, may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.

(f) Limitation

No funds made available to carry out this chapter, or any amendment made by this chapter, may be used to provide assistance to any group or organization that does not have a policy explicitly opposing prostitution and sex trafficking, except that this subsection shall not apply to the Global Fund to Fight AIDS, Tuberculosis and Malaria, the World Health Organization, the International AIDS Vaccine Initiative or to any United Nations agency.

(g) Sense of Congress relating to food assistance for individuals living with HIV/AIDS(1) FindingsCongress finds the following:(A) The United States provides more than 60 percent of all food assistance worldwide.(B) According to the United Nations World Food Program and other United Nations agencies, food insecurity of individuals infected or living with HIV/AIDS is a major problem in countries with large populations of such individuals, particularly in African countries.(C) Although the United States is willing to provide food assistance to these countries in need, a few of the countries object to part or all of the assistance because of fears of benign genetic modifications to the foods.(D) Healthy and nutritious foods for individuals infected or living with HIV/AIDS are an important complement to HIV/AIDS medicines for such individuals.(E) Individuals infected with HIV have higher nutritional requirements than individuals who are not infected with HIV, particularly with respect to the need for protein. Also, there is evidence to suggest that the full benefit of therapy to treat HIV/AIDS may not be achieved in individuals who are malnourished, particularly in pregnant and lactating women.(2) Sense of Congress

It is therefore the sense of Congress that United States food assistance should be accepted by countries with large populations of individuals infected or living with HIV/AIDS, particularly African countries, in order to help feed such individuals.

(Pub. L. 108–25, title III, § 301, May 27, 2003, 117 Stat. 728; Pub. L. 108–199, div. D, title V, § 595(3), Jan. 23, 2004, 118 Stat. 209; Pub. L. 110–293, title III, § 301(f)–(h), July 30, 2008, 122 Stat. 2956, 2957.)Editorial NotesReferences in Text

The Foreign Assistance Act of 1961, referred to in subsec. (b)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

This chapter, referred to in subsecs. (d) to (f), 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.

The Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, referred to in subsec. (d), is Pub. L. 110–293, July 30, 2008, 122 Stat. 2918. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 7601 of this title and Tables.

Codification

Section is comprised of section 301 of Pub. L. 108–25. Subsec. (a) of section 301 of Pub. L. 108–25 amended section 2151b of this title and enacted section 2151b–2 of this title.

Constitutionality

For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Amendments

2008—Subsec. (b)(1), (3). Pub. L. 110–293, § 301(f), substituted “fiscal years 2009 through 2013” for “fiscal years 2004 through 2008”.

Subsec. (c). Pub. L. 110–293, § 301(g), amended subsec. (c) generally. Prior to amendment, text read as follows: “In recognition of the fact that malnutrition may hasten the progression of HIV to AIDS and may exacerbate the decline among AIDS patients leading to a shorter life span, the Administrator of the United States Agency for International Development shall, as appropriate—

“(1) integrate nutrition programs with HIV/AIDS activities, generally;

“(2) provide, as a component of an anti-retroviral therapy program, support for food and nutrition to individuals infected with and affected by HIV/AIDS; and

“(3) provide support for food and nutrition for children affected by HIV/AIDS and to communities and households caring for children affected by HIV/AIDS.”

Subsec. (d). Pub. L. 110–293, § 301(h), amended subsec. (d) generally. Prior to amendment, text read as follows: “An organization that is otherwise eligible to receive assistance under section 104A of the Foreign Assistance Act of 1961 (as added by subsection (a)) or under any other provision of this chapter (or any amendment made by this chapter) to prevent, treat, or monitor HIV/AIDS shall not be required, as a condition of receiving the assistance, to endorse or utilize a multisectoral approach to combatting HIV/AIDS, or to endorse, utilize, or participate in a prevention method or treatment program to which the organization has a religious or moral objection.”

2004—Subsec. (f). Pub. L. 108–199, § 595(3), inserted “, except that this subsection shall not apply to the Global Fund to Fight AIDS, Tuberculosis and Malaria, the World Health Organization, the International AIDS Vaccine Initiative or to any United Nations agency” after “trafficking”.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 2006–2022 · leading case: Alliance for Open Society International, Inc. v. United States Agency for International Development

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Alliance for Open Society International, Inc. v. United States Agency for International Development (2011) ca2 · cites it 8× “The district court enjoined the Agencies from enforcing 22 U.S.C. § 7631 (f), a provision of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ("Leadership Act"), 22 U.”

Agency for Int'l Development v. Alliance for Open Society Int'l, Inc. (2013) scotus · cites it 2× “The dissent views the Requirement as simply a selection criterion by which the Government identifies organizations "who believe in its ideas to carry them to fruition.”

Sharonell Fulton v. City of Philadelphia (2019) ca3 “Thus, the requirement that organizations receiving money to combat HIV/AIDS not use that money "to promote or advocate the legalization or practice of prostitution or sex trafficking," 22 U.S.C. § 7631 (e), was acceptable under Rust .”

Alliance for Open Society International, Inc. v. United States Agency for International Development (2006) nysd · cites it 5× “The Act forbids the Agencies from awarding funds authorized for its purposes to “any group or organization that does not have a policy explicitly opposing prostitution[J” 22 U.S.C. § 7631 (f). Plaintiffs challenge Defendants’ interpretation of this provision, which Plaintiffs…”

Agency for Int'l Dev. v. Alliance for Open Soc'y Int'l, Inc. (2020) scotus “22 U.S.C. § 7631 (f) ; Brief for Respondents 11.”

Alliance for Open Society International, Inc. v. United States Agency for (2018) ca2 · cites it 2× “Many plaintiffs carry out their aid work through legally distinct affiliates that together constitute global families of closely aligned entities.”

Brennan Center for Justice v. United States Department of Justice (2012) ca2 “” 22 U.S.C. § 7631 (f); see also 22 U.S.C. § 7110 (g)(2).”

Camelot Banquet Rooms, Inc. v. United States Small Business A (2022) ca7 “at 210 , quoting 22 U.S.C. § 7631 (f). The Court struck down that policy requirement.”

Alliance for Open Society International, Inc. v. United States Agency for International Development (2007) ca2 · cites it 2× “SUMMARY ORDER Defendants-appellants appeal from an order of the United States District Court for the Southern District of New York (Victor Marrero, Judge), preliminarily enjoining them from applying their interpretation of 22 U.S.C. § 7631 (f), a provision of the United States…”

Alliance for Open Society International, Inc. v. United States Agency for International Development (2008) nysd “22 U.S.C. § 7631 (f) (“§ 7631(f)” or the “Policy Requirement”).”

DKT International Inc. v. United States Agency for International Development (2006) dcd · cites it 8× “22 U.S.C. § 7631 (f). USAID issued the Acquisition and Assistance Policy Directive 05-04 (“AAPD 05-04”) to implement 22 U.”

Sharonell Fulton v. City of Philadelphia (2019) ca3 “Thus, the requirement that organizations receiving money to combat HIV/AIDS not use that money “to promote or advocate the legalization or practice of prostitution or sex trafficking,” 22 U.S.C. § 7631 (e), was acceptable under Rust.”

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