---
kind: "section"
citation: "22 U.S.C. § 2151b–2"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "2151b–2"
heading: "Assistance to combat HIV/AIDS"
release: "119-102"
url: "https://uscodex.org/usc/22/2151b-2"
units:
  - "Chapter 32 — Foreign Assistance"
  - "Subchapter I — International Development"
  - "Part I — Declaration of Policy; Development Assistance Authorizations"
---

# §2151b–2. Assistance to combat HIV/AIDS

- (a) **Finding—** Congress recognizes that the alarming spread of [HIV/AIDS](#h-3) 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.
- (b) **Policy—**
  - (1) **Objectives—** It is a major objective of the [foreign assistance](/usc/22/2394.md?p=b-1) [program](/usc/22/3383.md?p=6) of the [United States](/usc/22/1395.md?p=a-1) to provide assistance for the prevention and treatment of [HIV/AIDS](#h-3) and the care of those affected by the disease. It is the policy objective of the [United States](/usc/22/1395.md?p=a-1), by 2013, to—
    - (A) assist partner countries to—
      - (i) prevent 12,000,000 new [HIV](#h-2) infections worldwide;
      - (ii) support—
        - (I) the increase in the number of individuals with [HIV/AIDS](#h-3) receiving antiretroviral treatment above the goal established under [section 7672(a)(3)](/usc/22/7672.md?p=a-3)[^1] of this title and increased pursuant to paragraphs [(1)](/usc/22/7673.md?p=d-1) through [(3)](/usc/22/7673.md?p=d-3) of section 7673(d)[^1] of this title; and
        - (II) additional treatment through coordinated multilateral efforts;
      - (iii) support care for 12,000,000 individuals infected with or affected by [HIV/AIDS](#h-3), including 5,000,000 orphans and vulnerable children affected by [HIV/AIDS](#h-3), with an emphasis on promoting a comprehensive, coordinated system of services to be integrated throughout the continuum of care;
      - (iv) provide at least 80 percent of the target population with access to counseling, testing, and treatment to prevent the transmission of [HIV](#h-2) from mother-to-child;
      - (v) provide care and treatment services to children with [HIV](#h-2) in proportion to their percentage within the [HIV](#h-2)-infected population of a given partner country; and
      - (vi) train and support retention of health care professionals, paraprofessionals, and community health workers in [HIV/AIDS](#h-3) prevention, treatment, and care, with the target of providing such [training](/usc/22/8921.md?p=3) to at least 140,000 new health care professionals and paraprofessionals with an emphasis on [training](/usc/22/8921.md?p=3) and in country deployment of critically needed doctors and nurses;
    - (B) strengthen the capacity to deliver primary health care in developing countries, especially in sub-Saharan Africa;
    - (C) support and help countries in their efforts to achieve staffing levels of at least 2.3 doctors, nurses, and midwives per 1,000 population, as called for by the World Health Organization; and
    - (D) help partner countries to develop independent, sustainable [HIV/AIDS](#h-3) [programs](/usc/22/3383.md?p=6).
  - (2) **Coordinated global strategy—** The [United States](/usc/22/1395.md?p=a-1) 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](#h-3) epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through [HIV/AIDS](#h-3) prevention, treatment, care, monitoring and evaluation, and related activities.
  - (3) **Priorities—** The [United States](/usc/22/1395.md?p=a-1) Government’s response to the global [HIV/AIDS](#h-3) pandemic and the Government’s efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on—
    - (A) the prevention of the transmission of [HIV](#h-2);
    - (B) moving toward universal access to [HIV/AIDS](#h-3) prevention counseling and services;
    - (C) the inclusion of cost sharing assurances that meet the requirements under [section 2151h of this title](/usc/22/2151h.md); and
    - (D) the inclusion of transition strategies to ensure sustainability of such [programs](/usc/22/3383.md?p=6) and activities, including health care systems, under other international donor support, or budget support by respective [foreign](/usc/22/3146.md?p=1) governments.
- (c) **Authorization—**
  - (1) **In general—** Consistent with [section 2151b(c) of this title](/usc/22/2151b.md?p=c), the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for [HIV/AIDS](#h-3), including to prevent, treat, and monitor [HIV/AIDS](#h-3), 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](#h-2) incidence rates.
  - (2) **Role of NGOs—** It is the sense of Congress that the President should provide an appropriate level of assistance under [paragraph (1)](#c-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](#h-3) pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing [HIV](#h-2) incidence rates..[^2]
  - (3) **Coordination of assistance efforts—** The President shall coordinate the provision of assistance under [paragraph (1)](#c-1) with the provision of related assistance by the Joint United Nations Programme on [HIV/AIDS](#h-3) (UNAIDS), the United Nations Children’s [Fund](/usc/22/2431a.md?p=9) (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global [Fund](/usc/22/2431a.md?p=9) to Fight [AIDS](#h-1), Tuberculosis and Malaria and other appropriate [international organizations](/usc/22/4316.md?p=e-2) (such as the International Bank for Reconstruction and Development), relevant regional [multilateral development institutions](/usc/22/262r.md?p=c-3), national, state, and local governments of partner countries, other international actors,,[^2] appropriate governmental and nongovernmental organizations, and [relevant executive branch agencies](#h-4) within the framework of the principles of the Three Ones.
- (d) **Activities supported—** Assistance provided under [subsection (c)](#c) shall, to the maximum extent practicable, be used to carry out the following activities:
  - (1) **Prevention—** Prevention of [HIV/AIDS](#h-3) through activities including—
    - (A) [programs](/usc/22/3383.md?p=6) and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of [HIV](#h-2) infection, including integration of such [programs](/usc/22/3383.md?p=6) into health [programs](/usc/22/3383.md?p=6) and the inclusion in counseling [programs](/usc/22/3383.md?p=6) of information on methods of avoiding infection of [HIV](#h-2), including delaying sexual debut, abstinence, fidelity and monogamy, reduction of casual sexual partnering and multiple concurrent sexual partnering,,[^2] reducing sexual violence and coercion, including child marriage, widow inheritance, and polygamy, and where appropriate, use of male and female condoms;
    - (B) assistance to establish and implement culturally appropriate [HIV/AIDS](#h-3) education and prevention [programs](/usc/22/3383.md?p=6) that are designed with local input and focus on helping individuals avoid infection of [HIV/AIDS](#h-3), implemented through nongovernmental organizations, including faith-based and community-based organizations, particularly those locally based organizations that utilize both professionals and volunteers with appropriate skills, experience, and community presence;
    - (C) assistance for the purpose of encouraging men to be responsible in their sexual behavior, child rearing, and to respect women;
    - (D) assistance for the purpose of providing voluntary testing and counseling (including the incorporation of confidentiality protections with respect to such testing and counseling) and promoting the use of provider-initiated or “opt-out” voluntary testing in accordance with World Health Organization guidelines;
    - (E) assistance for the purpose of preventing mother-to-child transmission of the [HIV](#h-2) infection, including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding;
    - (F) assistance to—
      - (i) achieve the goal of reaching 80 percent of pregnant women for prevention and treatment of mother-to-child transmission of [HIV](#h-2) in countries in which the [United States](/usc/22/1395.md?p=a-1) is implementing [HIV/AIDS](#h-3) [programs](/usc/22/3383.md?p=6) by 2013; and
      - (ii) promote infant feeding options and treatment protocols that meet the most recent criteria established by the World Health Organization;
    - (G) medical male circumcision [programs](/usc/22/3383.md?p=6) as part of national strategies to combat the transmission of [HIV/AIDS](#h-3);
    - (H) assistance to ensure a safe blood supply and sterile medical equipment;
    - (I) assistance to help avoid substance abuse and intravenous drug use that can lead to [HIV](#h-2) infection;
    - (J) assistance for the purpose of increasing women’s access to employment opportunities, income, productive resources, and microfinance [programs](/usc/22/3383.md?p=6), where appropriate.[^3]
    - (K) assistance for counseling, testing, treatment, care, and support [programs](/usc/22/3383.md?p=6), including—
      - (i) counseling and other services for the prevention of reinfection of individuals with [HIV/AIDS](#h-3);
      - (ii) counseling to prevent sexual transmission of [HIV](#h-2), including—
        - (I) life skills development for practicing abstinence and faithfulness;
        - (II) reducing the number of sexual partners;
        - (III) delaying sexual debut; and
        - (IV) ensuring correct and consistent use of condoms;
      - (iii) assistance to engage underlying vulnerabilities to [HIV/AIDS](#h-3), especially those of women and girls;
      - (iv) assistance for appropriate [HIV/AIDS](#h-3) education [programs](/usc/22/3383.md?p=6) and [training](/usc/22/8921.md?p=3) targeted to prevent the transmission of [HIV](#h-2) among men who have sex with men;
      - (v) assistance to provide male and female condoms;
      - (vi) diagnosis and treatment of other sexually transmitted infections;
      - (vii) strategies to address the stigma and discrimination that impede [HIV/AIDS](#h-3) prevention efforts; and
      - (viii) assistance to facilitate widespread access to microbicides for [HIV](#h-2) prevention, if safe and effective products become available, including financial and technical support for culturally appropriate introductory [programs](/usc/22/3383.md?p=6), procurement, distribution, logistics management, [program](/usc/22/3383.md?p=6) delivery, acceptability studies, provider [training](/usc/22/8921.md?p=3), demand generation, and postintroduction monitoring.
  - (2) **Treatment—** The treatment and care of individuals with [HIV/AIDS](#h-3), including—
    - (A) assistance to establish and implement [programs](/usc/22/3383.md?p=6) to strengthen and broaden indigenous health care delivery systems and the capacity of such systems to deliver [HIV/AIDS](#h-3) pharmaceuticals and otherwise provide for the treatment of individuals with [HIV/AIDS](#h-3), including clinical [training](/usc/22/8921.md?p=3) for indigenous organizations and health care providers;
    - (B) assistance to strengthen and expand hospice and palliative care [programs](/usc/22/3383.md?p=6) to assist patients debilitated by [HIV/AIDS](#h-3), their [families](/usc/22/4304a.md?p=c-2), and the primary caregivers of such patients, including [programs](/usc/22/3383.md?p=6) that utilize faith-based and community-based organizations;
    - (C) assistance for the purpose of the care and treatment of individuals with [HIV/AIDS](#h-3) through the provision of pharmaceuticals, including antiretrovirals and other pharmaceuticals and therapies for the treatment of opportunistic infections, pain management, nutritional support, and other treatment modalities;
    - (D) as part of care and treatment of [HIV/AIDS](#h-3), assistance (including prophylaxis and treatment) for common [HIV/AIDS](#h-3)-related opportunistic infections for free or at a rate at which it is easily affordable to the individuals and populations being served;[^4]
    - (E) as part of care and treatment of [HIV/AIDS](#h-3), assistance or referral to available and adequately resourced service providers for nutritional support, including counseling and where necessary the provision of [commodities](/usc/22/2403.md?p=c), for persons meeting malnourishment criteria and their [families](/usc/22/4304a.md?p=c-2);[^5]
  - (3) **Preventative intervention education and technologies—**
    - (A) With particular emphasis on specific populations that represent a particularly high risk of contracting or spreading [HIV/AIDS](#h-3), including those exploited through the sex trade, victims of rape and sexual assault, individuals already infected with [HIV/AIDS](#h-3), and in cases of occupational exposure of health care workers, assistance with efforts to reduce the risk of [HIV/AIDS](#h-3) infection including post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and [commodities](/usc/22/2403.md?p=c), including test kits, condoms, and, when proven effective, microbicides.
    - (B) Bulk purchases of available test kits, condoms, and, when proven effective, microbicides that are intended to reduce the risk of [HIV/AIDS](#h-3) transmission and for appropriate [program](/usc/22/3383.md?p=6) support for the introduction and distribution of these [commodities](/usc/22/2403.md?p=c), as well as education and [training](/usc/22/8921.md?p=3) on the use of the technologies.
  - (4) **Monitoring—** The monitoring of [programs](/usc/22/3383.md?p=6), projects, and activities carried out pursuant to paragraphs [(1)](#d-1) through [(3)](#d-3), including—
    - (A) monitoring to ensure that adequate controls are established and implemented to provide [HIV/AIDS](#h-3) pharmaceuticals and other appropriate medicines to poor individuals with [HIV/AIDS](#h-3);
    - (B) appropriate evaluation and surveillance activities;
    - (C) monitoring to ensure that appropriate measures are being taken to maintain the sustainability of [HIV/AIDS](#h-3) pharmaceuticals (especially antiretrovirals) and ensure that drug resistance is not compromising the benefits of such pharmaceuticals;
    - (D) monitoring to ensure appropriate law enforcement officials are working to ensure that [HIV/AIDS](#h-3) pharmaceuticals are not diminished through illegal counterfeiting or black market sales of such pharmaceuticals;
    - (E) carrying out and expanding [program](/usc/22/3383.md?p=6) monitoring, impact evaluation research and analysis, and operations research and disseminating data and findings through mechanisms to be developed by the Coordinator of [United States](/usc/22/1395.md?p=a-1) Government Activities to Combat [HIV/AIDS](#h-3) Globally, in coordination with the Director of the Centers for Disease Control, in order to—
      - (i) improve accountability, increase transparency, and ensure the delivery of evidence-based services through the collection, evaluation, and analysis of data regarding gender-responsive interventions, disaggregated by age and sex;
      - (ii) identify and replicate effective models; and
      - (iii) develop gender indicators to measure outcomes and the impacts of interventions; and
    - (F) establishing appropriate systems to—
      - (i) gather epidemiological and social science data on [HIV](#h-2); and
      - (ii) evaluate the effectiveness of prevention efforts among men who have sex with men, with due consideration to stigma and risks associated with disclosure.
  - (5) **Pharmaceuticals—**
    - (A) **Procurement—** The procurement of [HIV/AIDS](#h-3) pharmaceuticals, antiviral therapies, and other appropriate medicines, including medicines to treat opportunistic infections.
    - (B) **Mechanisms for quality control and sustainable supply—** Mechanisms to ensure that such [HIV/AIDS](#h-3) pharmaceuticals, antiretroviral therapies, and other appropriate medicines are quality-controlled and sustainably supplied.
    - (C) **Mechanism to ensure cost-effective drug purchasing—** Subject to [subparagraph (B)](#d-5-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—
      - (i) the Food and Drug Administration;
      - (ii) a stringent regulatory agency acceptable to the [Secretary](/usc/22/277d–43.md?p=5) of Health and Human Services; or
      - (iii) a quality assurance mechanism acceptable to the [Secretary](/usc/22/277d–43.md?p=5) of Health and Human Services.
    - (D) **Distribution—** The distribution of such [HIV/AIDS](#h-3) 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](#h-3) in accordance with appropriate [HIV/AIDS](#h-3) testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the [HIV](#h-2) infection.
  - (6) **Related and coordinated activities—** The conduct of related activities, including—
    - (A) the care and support of children who are orphaned by the [HIV/AIDS](#h-3) pandemic, including services designed to care for orphaned children in a [family](/usc/22/4304a.md?p=c-2) environment which rely on extended [family](/usc/22/4304a.md?p=c-2) members;
    - (B) improved infrastructure and institutional capacity to develop and manage education, prevention, and treatment [programs](/usc/22/3383.md?p=6), including [training](/usc/22/8921.md?p=3) and the resources to collect and maintain accurate [HIV](#h-2) surveillance data to target [programs](/usc/22/3383.md?p=6) and measure the effectiveness of interventions;
    - (C) vaccine research and development partnership [programs](/usc/22/3383.md?p=6) with specific plans of action to develop a safe, effective, accessible, preventive [HIV](#h-2) vaccine for use throughout the world; and[^6]
    - (D) coordinated or referred activities to—
      - (i) enhance the clinical impact of [HIV/AIDS](#h-3) care and treatment; and
      - (ii) ameliorate the adverse social and economic costs often affecting [AIDS](#h-1)-impacted [families](/usc/22/4304a.md?p=c-2) and communities through the direct provision, as necessary, or through the referral, if possible, of support services, including—
        - (I) nutritional and food support;
        - (II) safe drinking water and adequate sanitation;
        - (III) nutritional counseling;
        - (IV) income-generating activities and livelihood initiatives;
        - (V) maternal and child health care;
        - (VI) primary health care;
        - (VII) the diagnosis and treatment of other infectious or sexually transmitted diseases;
        - (VIII) substance abuse and treatment services; and
        - (IX) legal services;
    - (E) coordinated or referred activities to link [programs](/usc/22/3383.md?p=6) addressing [HIV/AIDS](#h-3) with [programs](/usc/22/3383.md?p=6) addressing gender-based violence in areas of significant [HIV](#h-2) prevalence to assist countries in the development and enforcement of women’s health, children’s health, and [HIV/AIDS](#h-3) laws and policies that—
      - (i) prevent and respond to violence against women and girls;
      - (ii) promote the integration of screening and assessment for gender-based violence into [HIV/AIDS](#h-3) programming;
      - (iii) promote appropriate [HIV/AIDS](#h-3) counseling, testing, and treatment into gender-based violence [programs](/usc/22/3383.md?p=6); and
      - (iv) assist governments to develop partnerships with civil society organizations to create networks for psychosocial, legal, economic, or other support services;
    - (F) coordinated or referred activities to—
      - (i) address the frequent coinfection of [HIV](#h-2) and tuberculosis, in accordance with World Health Organization guidelines;
      - (ii) promote provider-initiated or “opt-out” [HIV/AIDS](#h-3) counseling and testing and appropriate referral for treatment and care to individuals with tuberculosis or its symptoms, particularly in areas with significant [HIV](#h-2) prevalence; and
      - (iii) strengthen [programs](/usc/22/3383.md?p=6) to ensure that individuals testing positive for [HIV](#h-2) receive tuberculosis screening and to improve laboratory capacities, infection control, and adherence; and
    - (G) activities to—
      - (i) improve the effectiveness of national responses to [HIV/AIDS](#h-3);
      - (ii) strengthen overall health systems in high-prevalence countries, including support for workforce [training](/usc/22/8921.md?p=3), retention, and effective deployment, capacity building, laboratory development, equipment maintenance and repair, and public health and related public financial management systems and operations; and
      - (iii) encourage fair and transparent procurement practices among partner countries; and
      - (iv) promote in-country or intra-regional pediatric [training](/usc/22/8921.md?p=3) for physicians and other health professionals, preferably through public-private partnerships involving colleges and universities, with the goal of increasing pediatric [HIV](#h-2) workforce capacity.
  - (7) **Comprehensive HIV/AIDS public-private partnerships—** 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](#h-3) pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention, treatment, and monitoring of [HIV/AIDS](#h-3). Each such public-private partnership should—
    - (A) support the development, implementation, and management of comprehensive [HIV/AIDS](#h-3) plans in support of the national [HIV/AIDS](#h-3) strategy;
    - (B) operate at all times in a manner that emphasizes efficiency, accountability, and results-driven [programs](/usc/22/3383.md?p=6);
    - (C) engage both local and [foreign](/usc/22/3146.md?p=1) development partners and donors, including businesses, government agencies, academic institutions, nongovernmental organizations, [foundations](/usc/22/10601.md?p=6), multilateral development agencies, and faith-based organizations, to assist the country in coordinating and implementing [HIV/AIDS](#h-3) prevention, treatment, and monitoring [programs](/usc/22/3383.md?p=6) in accordance with its national [HIV/AIDS](#h-3) strategy;
    - (D) provide technical assistance, consultant services, financial planning, monitoring and evaluation, and research in support of the national [HIV/AIDS](#h-3) strategy; and
    - (E) establish local human resource capacities for the national [HIV/AIDS](#h-3) strategy through the transfer of medical, managerial, leadership, and technical skills.
  - (8) **Compacts and framework agreements—** The development of [compacts](/usc/22/7702.md?p=5) or framework [agreements](/usc/22/2431a.md?p=7), tailored to local circumstances, with national governments or regional partnerships in countries with significant [HIV/AIDS](#h-3) burdens to promote host government commitment to deeper integration of [HIV/AIDS](#h-3) services into health systems, contribute to health systems overall, and enhance sustainability, including—
    - (A) cost sharing assurances that meet the requirements under [section 2151h of this title](/usc/22/2151h.md); and
    - (B) transition strategies to ensure sustainability of such [programs](/usc/22/3383.md?p=6) and activities, including health care systems, under other international donor support, or budget support by respective [foreign](/usc/22/3146.md?p=1) governments.
- (e) **Compacts and framework agreements—**
  - (1) **Findings—** Congress makes the following findings:
    - (A) The congressionally mandated Institute of Medicine report entitled “PEPFAR Implementation: Progress and Promise” states: “The next strategy [of the U.S. Global [AIDS](#h-1) Initiative] should squarely address the needs and challenges involved in supporting sustainable country [HIV/AIDS](#h-3) [programs](/usc/22/3383.md?p=6), thereby transitioning from a focus on emergency relief.”.
    - (B) One mechanism to promote the transition from an emergency to a public health and development approach to [HIV/AIDS](#h-3) is through [compacts](/usc/22/7702.md?p=5) or framework [agreements](/usc/22/2431a.md?p=7) between the [United States](/usc/22/1395.md?p=a-1) Government and each participating nation.
  - (2) **Elements—** [Compacts](/usc/22/7702.md?p=5) on [HIV/AIDS](#h-3) authorized under [subsection (d)(8)](#d-8) shall include the following elements:
    - (A) [Compacts](/usc/22/7702.md?p=5) whose primary purpose is to provide direct services to combat [HIV/AIDS](#h-3) are to be made between—
      - (i) the [United States](/usc/22/1395.md?p=a-1) Government; and
      - (ii)
        - (I) national or regional entities representing low-income countries served by an existing [United States](/usc/22/1395.md?p=a-1) Agency for International Development or Department of Health and Human Services presence or regional platform; or
        - (II) countries or regions—
          - (aa) experiencing significantly high [HIV](#h-2) prevalence or risk of significantly increasing incidence within the general population;
          - (bb) served by an existing [United States](/usc/22/1395.md?p=a-1) Agency for International Development or Department of Health and Human Services presence or regional platform; and
          - (cc) that have inadequate financial means within such country or region.
    - (B) [Compacts](/usc/22/7702.md?p=5) whose primary purpose is to provide limited technical assistance to a country or region connected to services provided within the country or region—
      - (i) may be made with other countries or regional entities served by an existing [United States](/usc/22/1395.md?p=a-1) Agency for International Development or Department of Health and Human Services presence or regional platform;
      - (ii) shall require significant investments in [HIV](#h-2) prevention, care, and treatment services by the host country;
      - (iii) shall be time-limited in terms of [United States](/usc/22/1395.md?p=a-1) contributions; and
      - (iv) shall be made only upon prior notification to Congress—
        - (I) justifying the need for such [compacts](/usc/22/7702.md?p=5);
        - (II) describing the expected investment by the country or regional entity; and
        - (III) describing the scope, nature, expected total [United States](/usc/22/1395.md?p=a-1) investment, and time frame of the limited technical assistance under the [compact](/usc/22/7702.md?p=5) and its intended impact.
    - (C) [Compacts](/usc/22/7702.md?p=5) shall include provisions to—
      - (i) promote local and national efforts to reduce stigma associated with [HIV/AIDS](#h-3); and
      - (ii) work with and promote the role of civil society in combating [HIV/AIDS](#h-3).
    - (D) [Compacts](/usc/22/7702.md?p=5) shall take into account the overall national health and development and national [HIV/AIDS](#h-3) and public health strategies of each country.
    - (E) [Compacts](/usc/22/7702.md?p=5) shall contain—
      - (i) consideration of the specific objectives that the country and the [United States](/usc/22/1395.md?p=a-1) expect to achieve during the term of a [compact](/usc/22/7702.md?p=5);
      - (ii) consideration of the respective responsibilities of the country and the [United States](/usc/22/1395.md?p=a-1) in the achievement of such objectives;
      - (iii) consideration of regular benchmarks to measure progress toward achieving such objectives;
      - (iv) an identification of the intended beneficiaries, disaggregated by gender and age, and including information on orphans and vulnerable children, to the maximum extent practicable;
      - (v) consideration of the methods by which the [compact](/usc/22/7702.md?p=5) is intended to—
        - (I) address the factors that put women and girls at greater risk of [HIV/AIDS](#h-3); and
        - (II) strengthen elements such as the economic, educational, and social status of women, girls, orphans, and vulnerable children and the inheritance rights and safety of such individuals;
      - (vi) consideration of the methods by which the [compact](/usc/22/7702.md?p=5) will—
        - (I) strengthen the health care capacity, including factors such as the [training](/usc/22/8921.md?p=3), retention, deployment, recruitment, and utilization of health care workers;
        - (II) improve supply chain management; and
        - (III) improve the health systems and infrastructure of the partner country, including the ability of [compact](/usc/22/7702.md?p=5) participants to maintain and operate equipment transferred or purchased as part of the [compact](/usc/22/7702.md?p=5);
      - (vii) consideration of proposed mechanisms to provide oversight;
      - (viii) consideration of the role of civil society in the development of a [compact](/usc/22/7702.md?p=5) and the achievement of its objectives;
      - (ix) a description of the current and potential participation of other donors in the achievement of such objectives, as appropriate; and
      - (x) consideration of a plan to ensure appropriate fiscal accountability for the use of assistance.
    - (F) For regional [compacts](/usc/22/7702.md?p=5), priority shall be given to countries that are included in regional [funds](/usc/22/2431a.md?p=9) and [programs](/usc/22/3383.md?p=6) in existence as of July 30, 2008.
    - (G) Amounts made available for [compacts](/usc/22/7702.md?p=5) described in subparagraphs [(A)](#e-2-A) and [(B)](#e-2-B) shall be subject to the inclusion of—
      - (i) cost sharing assurances that meet the requirements under [section 2151h of this title](/usc/22/2151h.md); and
      - (ii) transition strategies to ensure sustainability of such [programs](/usc/22/3383.md?p=6) and activities, including health care systems, under other international donor support, and budget support by respective [foreign](/usc/22/3146.md?p=1) governments.
  - (3) **Local input—** In entering into a [compact](/usc/22/7702.md?p=5) on [HIV/AIDS](#h-3) authorized under [subsection (d)(8)](#d-8), the Coordinator of [United States](/usc/22/1395.md?p=a-1) Government Activities to Combat [HIV/AIDS](#h-3) Globally shall seek to ensure that the government of a country—
    - (A) takes into account the local perspectives of the rural and urban poor, including women, in each country; and
    - (B) consults with private and voluntary organizations, including faith-based organizations, the business community, and other donors in the country.
  - (4) **Congressional and public notification after entering into a compact—** Not later than 10 days after entering into a [compact](/usc/22/7702.md?p=5) authorized under [subsection (d)(8)](#d-8), the Global [AIDS](#h-1) Coordinator shall—
    - (A) submit a report containing a detailed summary of the [compact](/usc/22/7702.md?p=5) and a copy of the text of the [compact](/usc/22/7702.md?p=5) to—
      - (i) the Committee on [Foreign](/usc/22/3146.md?p=1) Relations of the Senate;
      - (ii) the Committee on Appropriations of the Senate;
      - (iii) the Committee on [Foreign](/usc/22/3146.md?p=1) Affairs of the House of Representatives; and
      - (iv) the Committee on Appropriations of the House of Representatives; and
    - (B) publish such information in the Federal Register and on the Internet website of the [Office](/usc/22/2214a.md?p=9) of the Global [AIDS](#h-1) Coordinator.
- (f) **Annual report—**
  - (1) **In general—** Not later than February 15, 2014, and annually thereafter, the President shall submit to the Committee on [Foreign](/usc/22/3146.md?p=1) Relations of the Senate and the Committee on [Foreign](/usc/22/3146.md?p=1) 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.
  - (2) **Report due in 2014—** 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.
  - (3) **Report elements—** Each report submitted after February 15, 2014, shall include the following:
    - (A) A description based on internationally available data, and where practicable high-quality country-based data, of the total global burden and need for [HIV/AIDS](#h-3) prevention, treatment, and care, including—
      - (i) estimates by [partner country](#f-5) of the global burden and need; and
      - (ii) [HIV](#h-2) incidence, prevalence, and [AIDS](#h-1) deaths for the reporting period.
    - (B) Reporting on annual targets across prevention, treatment, and care interventions in [partner countries](#f-5), including—
      - (i) a description of how those targets are designed to—
        - (I) ensure that the annual increase in new patients on antiretroviral treatment exceeds the number of annual new [HIV](#h-2) infections;
        - (II) reduce the number of new [HIV](#h-2) infections below the number of deaths among persons infected with [HIV](#h-2); and
        - (III) achieve an [AIDS](#h-1)-free generation;
      - (ii) national targets across prevention, treatment, and care that are—
        - (I) established by [partner countries](#f-5); or
        - (II) where such national [partner country](#f-5)-developed targets are unavailable, a description of progress towards developing national [partner country](#f-5) targets; and
      - (iii) bilateral programmatic targets across prevention, treatment, and care, including—
        - (I) the number of adults and children to be directly supported on [HIV](#h-2) treatment under [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6);
        - (II) the number of adults and children to be otherwise supported on [HIV](#h-2) treatment under [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6); and
        - (III) other programmatic targets for activities directly and otherwise supported by [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6).
    - (C) A description, by [partner country](#f-5), of [HIV/AIDS](#h-3) funding from all sources, including funding levels from [partner countries](#f-5), other donors, and the private sector, as practicable.
    - (D) A description of how [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6), in conjunction with the Global [Fund](/usc/22/2431a.md?p=9), other donors, and [partner countries](#f-5), together set targets, measure progress, and achieve positive outcomes in [partner countries](#f-5).
    - (E) An annual assessment of outcome indicator development, dissemination, and performance for [programs](/usc/22/3383.md?p=6) supported under this section, including ongoing corrective actions to improve reporting.
    - (F) A description and explanation of changes in related guidance or policies related to implementation of [programs](/usc/22/3383.md?p=6) supported under this section.
    - (G) An assessment and quantification of progress over the reporting period toward achieving the targets set forth in [subparagraph (B)](#f-3-B), including—
      - (i) the number, by [partner country](#f-5), of persons on [HIV](#h-2) treatment, including specifically—
        - (I) the number of adults and children on [HIV](#h-2) treatment directly supported by [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6); and
        - (II) the number of adults and children on [HIV](#h-2) treatment otherwise supported by [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6);
      - (ii) [HIV](#h-2) treatment coverage rates by [partner country](#f-5);
      - (iii) the net increase in persons on [HIV](#h-2) treatment by [partner country](#f-5);
      - (iv) new infections of [HIV](#h-2) by [partner country](#f-5);
      - (v) the number of [HIV](#h-2) infections averted;
      - (vi) antiretroviral treatment [program](/usc/22/3383.md?p=6) retention rates by [partner country](#f-5), including—
        - (I) performance against annual targets for [program](/usc/22/3383.md?p=6) retention; and
        - (II) the retention rate of persons on [HIV](#h-2) treatment directly supported by [United States](/usc/22/1395.md?p=a-1)-funded [programs](/usc/22/3383.md?p=6); and
      - (vii) a description of supportive care.
    - (H) A description of [partner country](#f-5) and [United States](/usc/22/1395.md?p=a-1)-funded [HIV/AIDS](#h-3) prevention [programs](/usc/22/3383.md?p=6) and policies, including—
      - (i) an assessment by country of progress towards targets set forth in [subparagraph (B)](#f-3-B), with a detailed description of the metrics used to assess—
        - (I) [programs](/usc/22/3383.md?p=6) to prevent mother to child transmission of [HIV/AIDS](#h-3), including coverage rates;
        - (II) [programs](/usc/22/3383.md?p=6) to provide or promote voluntary medical male circumcision, including coverage rates;
        - (III) [programs](/usc/22/3383.md?p=6) for behavior-change; and
        - (IV) other programmatic activities to prevent the transmission of [HIV](#h-2);
      - (ii) antiretroviral treatment as prevention; and
      - (iii) a description of any new preventative interventions or methodologies.
    - (I) A description of the goals, scope, and measurement of [program](/usc/22/3383.md?p=6) efforts aimed at women and girls.
    - (J) A description of the goals, scope, and measurement of [program](/usc/22/3383.md?p=6) efforts aimed at orphans, vulnerable children, and youth.
    - (K) A description of the indicators and milestones used to assess effective, strategic, and appropriately timed country ownership, including—
      - (i) an explanation of the metrics used to determine whether the pace of any transition to such ownership is appropriate for that country, given that country’s level of readiness for such transition;
      - (ii) an analysis of governmental and local nongovernmental capacity to sustain positive outcomes;
      - (iii) a description of measures taken to improve [partner country](#f-5) capacity to sustain positive outcomes where needed; and
      - (iv) for countries undergoing a transition to greater country ownership, a description of strategies to assess and mitigate programmatic and financial risk and to ensure continued quality of care for essential services.
    - (L) A description, globally and by [partner country](#f-5), of specific efforts to achieve and incentivize greater programmatic and cost effectiveness, including—
      - (i) progress toward establishing common economic metrics across prevention, care and treatment with [partner countries](#f-5) and the Global [Fund](/usc/22/2431a.md?p=9);
      - (ii) average costs, by country and by core intervention;
      - (iii) expenditure reporting in all [program](/usc/22/3383.md?p=6) areas, supplemented with targeted analyses of the cost-effectiveness of specific interventions; and
      - (iv) import duties and internal taxes imposed on [program](/usc/22/3383.md?p=6) [commodities](/usc/22/2403.md?p=c) and services, by country.
    - (M) A description of partnership framework [agreements](/usc/22/2431a.md?p=7) with countries, and regions where applicable, including—
      - (i) the objectives and structure of partnership framework [agreements](/usc/22/2431a.md?p=7) with countries, including—
        - (I) how these [agreements](/usc/22/2431a.md?p=7) are aligned with national [HIV/AIDS](#h-3) plans and public health strategies and commitments of such countries; and
        - (II) how these [agreements](/usc/22/2431a.md?p=7) incorporate a role for civil society; and
      - (ii) a description of what has been learned in advancing partnership framework [agreements](/usc/22/2431a.md?p=7) with countries, and regions as applicable, in terms of improved coordination and collaboration, definition of clear roles and responsibilities of participants and signers, and implications for how to further strengthen these [agreements](/usc/22/2431a.md?p=7) with mutually accountable measures of progress.
    - (N) A description of efforts and activities to engage new partners, including faith-based, locally-based, and [United States](/usc/22/1395.md?p=a-1) minority-serving institutions.
    - (O) A definition and description of the differentiation between directly and otherwise supported activities, including specific efforts to clarify programmatic attribution and contribution, as well as timelines for dissemination and implementation.
    - (P) A description, globally and by country, of specific efforts to address co-infections and co-morbidities of [HIV/AIDS](#h-3), including—
      - (i) the number and percent of people in [HIV](#h-2) care or treatment who started tuberculosis treatment; and
      - (ii) the number and percentage of eligible [HIV](#h-2) positive patients starting isoniazid preventative therapy.
    - (Q) A description of efforts by [partner countries](#f-5) to train, employ, and retain health care workers, including efforts to address workforce shortages.
    - (R) A description of [program](/usc/22/3383.md?p=6) evaluations completed during the reporting period, including whether all completed evaluations have been published on a publically available Internet website and whether any completed evaluations did not adhere to the common evaluation standards of practice published under [paragraph (4)](#f-4).
  - (4) **Common evaluation standards—** Not later than February 1, 2014, the Global [AIDS](#h-1) Coordinator shall publish on a publically available Internet website the common evaluation standards of practice referred to in [paragraph (3)(R)](#f-3-R).
  - (5) **Partner country defined—** In this subsection, the term “partner country” means a country with a minimum [United States](/usc/22/1395.md?p=a-1) Government investment of [HIV/AIDS](#h-3) assistance of at least $5,000,000 in the prior fiscal year.
- (g) **Funding limitation—** Of the [funds](/usc/22/2431a.md?p=9) 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](/usc/22/1395.md?p=a-1) Agency for International Development in support of activities described in [section 2151b(c) of this title](/usc/22/2151b.md?p=c), this section, [section 2151b–3 of this title](/usc/22/2151b–3.md), and [section 2151b–4 of this title](/usc/22/2151b–4.md). Such amount shall be in addition to other amounts otherwise available for such purposes.
- (h) **Definitions—** In this section:
  - (1) **AIDS—** The term “AIDS” means acquired immune deficiency syndrome.
  - (2) **HIV—** The term “HIV” means the human immunodeficiency virus, the pathogen that causes [AIDS](#h-1).
  - (3) **HIV/AIDS—** The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with [HIV](#h-2) or living with [AIDS](#h-1).
  - (4) **Relevant executive branch agencies—** The term “relevant executive branch agencies” means the Department of State, the [United States](/usc/22/1395.md?p=a-1) Agency for International Development, the Department of Health and Human Services (including its agencies and [offices](/usc/22/2214a.md?p=9)), and any other department or agency of the [United States](/usc/22/1395.md?p=a-1) that participates in international [HIV/AIDS](#h-3) activities pursuant to the authorities of such department or agency or this chapter.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original.
[^3]: So in original. The period probably should be “; and”.
[^4]: So in original. The word “and” probably should appear.
[^5]: So in original. The semicolon probably should be a period.
[^6]: So in original. The word “and” probably should not appear.

## Source credit

(Pub. L. 87–195, pt. I, § 104A, as added Pub. L. 108–25, title III, § 301(a)(2), May 27, 2003, 117 Stat. 728; amended Pub. L. 110–293, title III, § 301(a)–(e), July 30, 2008, 122 Stat. 2945–2953; Pub. L. 113–56, § 5, Dec. 2, 2013, 127 Stat. 650.)

## Notes

### Editorial Notes

### References in Text

Section 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, Dec. 2, 2013, 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.

### Amendments

2013—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, div. K, title III, Jan. 17, 2014, 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 Functions

For 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.