Annals of Health Law
ACHIEVING AN AIDS-FREE GENERATION
served by both the existing prevention and medical systems.”167 The
challenge is in “connect[ing] the political will to the appropriations process.
Those are very big dots.”168 Placing the political debate about authorization
and funding of SEPs within the context of the larger goal of achieving an
AIDS-free generation should make the request more palatable.
1. How to Authorize SEPs
The experience of funding through the appropriations process suggests the
need for a more permanent, affirmative method for expressing legal and
financial support for SEPs. As suggested in Part III, the language should
clearly express unequivocal support for SEPs as a prevention measure and
should explicitly authorize funding. To make the strongest impact for
SEPs,169 any such statement should be included as part of a national
HIV/AIDS-prevention and treatment program. The HIV/AIDS-prevention
community has already seen similar success with the Ryan White
Comprehensive AIDS Resources Emergency (“CARE”) Act of 1990, which
provides essential support to HIV and AIDS patients throughout the United
States. Including SEPs in a comprehensive statute takes discretion out of the
hands of appropriations committees. Situating SEPs within the panoply of
available tools to combat HIV could also minimize political battles. Further,
passing a statute would also create a record showing that SEPs are a public
health necessity, much like the statements that were so useful in Spokane
County Health District.170
167. John-Manuel Andriote, How Close Are We to an AIDS-Free Generation?, ATLANTIC
generation/265857/ (last visited Mar. 23, 2013) (quoting Nancy Mahon, Global Executive
Director of the MAC AIDS Fund and chair of the Presidential Advisory Council on
168. Id. Stefano Bertozzi, M. D., Ph. D, director of the Bill and Melinda Gates
Foundation’s HIV program, echoes Mahon’s sentiments: “There is an opportunity to invest
more intelligently [ ] to make sure that we are investing in the most effective interventions and
make sure they are most focused on populations at greatest risk.” Id.
169. For discussion of the expressive function of law, see Cass R. Sunstein, On the
Expressive Function of Law, 144 U. PA. L. REV. 2021 (1996); Richard H. McAdams, An
Attitudinal Theory of Expressive Law, 79 OR. L. REV. 339 (2000).
170. See discussion supra Part II. A.
171. Ryan White HIV/AIDS Treatment Extension Act of 2009 (Ryan White CARE Act),
Pub. L. No. 111-87, 123 Stat. 2885 (2009).