Congress recognizes that the alarming spread of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America and other developing countries is a major global health, national security, development, and humanitarian crisis.
It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention and treatment of HIV/AIDS and the care of those affected by the disease. It is the policy objective of the United States, by 2013, to-
The United States and other countries with the sufficient capacity should provide assistance to countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, and Latin America, and other countries and regions confronting HIV/AIDS epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through HIV/AIDS prevention, treatment, care, monitoring and evaluation, and related activities.
The United States Government's response to the global HIV/AIDS pandemic and the Government's efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on-
Consistent with section 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for HIV/AIDS, including to prevent, treat, and monitor HIV/AIDS, and carry out related activities, in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas, particularly with respect to refugee populations or those in postconflict settings in such countries and areas with significant or increasing HIV incidence rates.
It is the sense of Congress that the President should provide an appropriate level of assistance under paragraph (1) through nongovernmental organizations (including faith-based and community-based organizations) in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas affected by the HIV/AIDS pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing HIV incidence rates..2
The President shall coordinate the provision of assistance under paragraph (1) with the provision of related assistance by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and other appropriate international organizations (such as the International Bank for Reconstruction and Development), relevant regional multilateral development institutions, national, state, and local governments of partner countries, other international actors,,2 appropriate governmental and nongovernmental organizations, and relevant executive branch agencies within the framework of the principles of the Three Ones.
Assistance provided under subsection (c) shall, to the maximum extent practicable, be used to carry out the following activities:
Prevention of HIV/AIDS through activities including-
The treatment and care of individuals with HIV/AIDS, including-
The monitoring of programs, projects, and activities carried out pursuant to paragraphs (1) through (3), including-
The procurement of HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines, including medicines to treat opportunistic infections.
Mechanisms to ensure that such HIV/AIDS pharmaceuticals, antiretroviral therapies, and other appropriate medicines are quality-controlled and sustainably supplied.
Subject to subparagraph (B), mechanisms to ensure that safe and effective pharmaceuticals, including antiretrovirals and medicines to treat opportunistic infections, are purchased at the lowest possible price at which such pharmaceuticals may be obtained in sufficient quantity on the world market, provided that such pharmaceuticals are approved, tentatively approved, or otherwise authorized for use by-
The distribution of such HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines (including medicines to treat opportunistic infections) to qualified national, regional, or local organizations for the treatment of individuals with HIV/AIDS in accordance with appropriate HIV/AIDS testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the HIV infection.
The conduct of related activities, including-
The establishment and operation of public-private partnership entities within countries in sub-Saharan Africa, the Caribbean, and other countries affected by the HIV/AIDS pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention, treatment, and monitoring of HIV/AIDS. Each such public-private partnership should-
The development of compacts or framework agreements, tailored to local circumstances, with national governments or regional partnerships in countries with significant HIV/AIDS burdens to promote host government commitment to deeper integration of HIV/AIDS services into health systems, contribute to health systems overall, and enhance sustainability, including-
Congress makes the following findings:
Compacts on HIV/AIDS authorized under subsection (d)(8) shall include the following elements:
In entering into a compact on HIV/AIDS authorized under subsection (d)(8), the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall seek to ensure that the government of a country-
Not later than 10 days after entering into a compact authorized under subsection (d)(8), the Global AIDS Coordinator shall-
Not later than February 15, 2014, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report in an open, machine readable format, on the implementation of this section for the prior fiscal year.
The report due not later than February 15, 2014, shall include the elements required by law prior to the enactment of the PEPFAR Stewardship and Oversight Act of 2013.
Each report submitted after February 15, 2014, shall include the following:
Not later than February 1, 2014, the Global AIDS Coordinator shall publish on a publically available Internet website the common evaluation standards of practice referred to in paragraph (3)(R).
In this subsection, the term "partner country" means a country with a minimum United States Government investment of HIV/AIDS assistance of at least $5,000,000 in the prior fiscal year.
Of the funds made available to carry out this section in any fiscal year, not more than 7 percent may be used for the administrative expenses of the United States Agency for International Development in support of activities described in section 2151b(c) of this title, this section, section 2151b-3 of this title, and section 2151b-4 of this title. Such amount shall be in addition to other amounts otherwise available for such purposes.
In this section:
The term "AIDS" means acquired immune deficiency syndrome.
The term "HIV" means the human immunodeficiency virus, the pathogen that causes AIDS.
The term "HIV/AIDS" means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
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 its agencies and offices), 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 chapter.
1See References in Text note below.
2So in original.
3So in original. The period probably should be ";and".
4So in original. The word "and" probably should appear.
5So in original. The semicolon probably should be a period.
6So in original. The word "and" probably should not appear.
22 U.S.C. § 2151b-2
EDITORIAL NOTES
REFERENCES IN TEXTSection 7672(a)(3) of this title and section 7673(d) of this title, referred to in subsec. (b)(1)(A)(ii)(I), were in the original references to sections 402(a)(3) and 403(d), respectively, and were translated as meaning sections 402(a)(3) and 403(d), respectively, of Pub. L. 108-25 to reflect the probable intent of Congress.The PEPFAR Stewardship and Oversight Act of 2013, referred to in subsec. (f)(2), is Pub. L. 113-56, 127 Stat. 648. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 7601 of this title and Tables. This chapter, referred to in subsec. (h)(4), was in the original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
AMENDMENTS2013-Subsec. (f). Pub. L. 113-56 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual reports on the implementation of this section.2008-Subsec. (a). Pub. L. 110-293, §301(a)(1), inserted "Central Asia, Eastern Europe, Latin America" after "Caribbean,".Subsec. (b). Pub. L. 110-293, §301(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention, treatment, and control of HIV/AIDS. The United States and other developed countries should provide assistance to countries in sub-Saharan Africa, the Caribbean, and other countries and areas to control this crisis through HIV/AIDS prevention, treatment, monitoring, and related activities, particularly activities focused on women and youth, including strategies to protect women and prevent mother-to-child transmission of the HIV infection."Subsec. (c)(1). Pub. L. 110-293, §301(b)(1), substituted "Central Asia, Eastern Europe, Latin America, and other countries and areas, particularly with respect to refugee populations or those in postconflict settings in such countries and areas with significant or increasing HIV incidence rates" for "and other countries and areas". Subsec. (c)(2). Pub. L. 110-293, §301(b)(2), substituted "Central Asia, Eastern Europe, Latin America, and other countries and areas affected by the HIV/AIDS pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing HIV incidence rates." for "and other countries and areas affected by the HIV/AIDS pandemic". Subsec. (c)(3). Pub. L. 110-293, §301(b)(3), substituted "partner countries, other international actors," for "foreign countries" and inserted "within the framework of the principles of the Three Ones" before the period at end.Subsec. (d)(1)(A). Pub. L. 110-293, §301(c)(1)(A), inserted "and multiple concurrent sexual partnering," after "casual sexual partnering" and substituted "male and female condoms" for "condoms". Subsec. (d)(1)(B). Pub. L. 110-293, §301(c)(1)(B), substituted "programs that are designed with local input and" for "programs that" and "those locally based organizations" for "those organizations". Subsec. (d)(1)(D). Pub. L. 110-293, §301(c)(1)(C), inserted "and promoting the use of provider-initiated or 'opt-out' voluntary testing in accordance with World Health Organization guidelines" before the semicolon at end.Subsec. (d)(1)(F) to (K). Pub. L. 110-293, §301(c)(1)(D)-(G), added subpars. (F), (G), and (K) and redesignated former subpars. (F) to (H) as (H) to (J), respectively.Subsec. (d)(2)(C) to (E). Pub. L. 110-293, §301(c)(2), inserted "pain management," after "opportunistic infections," in subpar. (C) and added subpars. (D) and (E).Subsec. (d)(4)(E), (F). Pub. L. 110-293, §301(c)(3), added subpars. (E) and (F).Subsec. (d)(5)(C), (D). Pub. L. 110-293, §301(c)(4), added subpar. (C) and redesignated former subpar. (C) as (D).Subsec. (d)(6). Pub. L. 110-293, §301(c)(5)(A), substituted "Related and coordinated activities" for "Related activities" in heading.Subsec. (d)(6)(D) to (G). Pub. L. 110-293, §301(c)(5)(B)-(D), added subpars. (D) to (G).Subsec. (d)(8). Pub. L. 110-293, §301(c)(6), added par. (8). Subsecs. (e), (f). Pub. L. 110-293, §301(d), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 110-293, §301(e)(1), substituted "Committee on Foreign Affairs" for "Committee on International Relations". Subsec. (f)(2)(C), (D). Pub. L. 110-293, §301(e)(2), added subpars. (C) and (D) and struck out former subpar. (C) which required a detailed assessment of the impact of programs established under this section and sections 2151b-3 and 2151b-4 of this title. Subsecs. (g), (h). Pub. L. 110-293, §301(d)(1), redesignated subsecs. (f) and (g) as (g) and (h), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SUBMISSION OF ANNUAL REPORT Pub. L. 113-76, 128 Stat. 477, provided in part: "That the annual report required by section 104(A)(f) [probably should be "104A(f)"] of the Foreign Assistance Act of 1961 [22 U.S.C. 2151b-2(f)] shall also be submitted hereafter to the Committees on Appropriations".
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONSFor 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.