PEPFAR Stewardship and Oversight Act of 2013 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to extend requirements that: (1) the Inspectors General of the Department of State and the Broadcasting Board of Governors, of the Department of Health and Human Services (HHS), and of the U.S. Agency for International Development (USAID) jointly develop oversight plans to combat global HIV/AIDS; (2) the Global AIDS Coordinator complete a study of treatment providers; and (3) no U.S. contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria may cause the total amount of U.S. government contributions to the Fund to exceed 33% of the total amount of Fund contributions.
Extends the funding set-aside for orphans and other children affected by, or vulnerable to, HIV/AIDS.
Amends the Foreign Assistance Act of 1961 to revise the annual HIV/AIDS report requirements.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3177 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3177
To extend authorities related to global HIV/AIDS and to promote
oversight of United States programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2013
Mr. Engel (for himself, Mr. Royce, Ms. Lee of California, and Ms. Ros-
Lehtinen) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To extend authorities related to global HIV/AIDS and to promote
oversight of United States programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PEPFAR Stewardship and Oversight Act
of 2013''.
SEC. 2. INSPECTOR GENERAL OVERSIGHT.
Section 101(f)(1) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611(f)(1)) is
amended--
(1) in subparagraph (A), by striking ``5 coordinated annual
plans for oversight activity in each of the fiscal years 2009
through 2013'' and inserting ``coordinated annual plans for
oversight activity in each of the fiscal years 2009 through
2018''; and
(2) in subparagraph (C)--
(A) in clause (ii)--
(i) in the heading, by striking
``Subsequent'' and inserting ``2010 through
2013''; and
(ii) by striking ``the last four plans''
and inserting ``the plans for fiscal years 2010
through 2013''; and
(B) by adding at the end the following new clause:
``(iii) 2014 plan.--The plan developed
under subparagraph (A) for fiscal year 2014
shall be completed not later than 60 days after
the date of the enactment of the PEPFAR
Stewardship and Oversight Act of 2013.
``(iv) Subsequent plans.--Each of the last
four plans developed under subparagraph (A)
shall be completed not later than 30 days
before each of the fiscal years 2015 through
2018, respectively.''.
SEC. 3. ANNUAL TREATMENT STUDY.
(a) Annual Study; Message.--Section 101(g) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7611(g)) is amended--
(1) in paragraph (1), by striking ``through September 30,
2013'' and inserting ``through September 30, 2019'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) 2013 through 2018 studies.--The studies required to
be submitted by September 30, 2014, and annually thereafter
through September 30, 2018, shall include, in addition to the
elements set forth under paragraph (1), the following elements:
``(A) A plan for conducting cost studies of United
States assistance under section 104A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-2) in partner
countries, taking into account the goal for more
systematic collection of data, as well as the demands
of such analysis on available human and fiscal
resources.
``(B) A comprehensive and harmonized expenditure
analysis by partner country, including--
``(i) an analysis of Global Fund spending
and partner country spending and comparable
data across United States spending, Global Fund
spending, and partner country spending at the
national level; or
``(ii) where providing such comparable data
is not currently practicable, an explanation of
why it is not currently practicable, and when
it will be practicable.''; and
(4) by adding at the end the following new paragraph:
``(4) Definition.--In this subsection, the term `partner
country' means a country that received not less than $5,000,000
in United States HIV/AIDS assistance under section 104A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2) during the
immediately preceding fiscal year.''.
SEC. 4. PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS,
AND MALARIA.
(a) Limitation.--Section 202(d)(4) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C.
7622(d)(4)) is amended--
(1) by striking ``2013'' each place it appears and
inserting ``2018'';
(2) in subparagraph (A)(ii), by striking the last two
sentences;
(3) in subparagraph (B)--
(A) in each of clauses (i) through (iv), by
striking ``under this subsection'' and inserting ``for
a contribution to the Global Fund''; and
(B) in clause (ii), by striking ``pursuant to the
authorization of appropriations under section 401'' and
inserting ``to carry out section 104A of the Foreign
Assistance Act of 1961''.
(b) Withholding Funds.--Section 202(d)(5) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7622(d)(5)) is amended--
(1) by striking ``2013'' and inserting ``2018'';
(2) in subparagraph (C)--
(A) by inserting ``in an open, machine readable
format'' after ``site'';
(B) by striking clause (v) and inserting the
following:
``(v) a regular collection, analysis, and
reporting of performance data and funding of
grants of the Global Fund, which covers all
principal recipients and all sub-recipients on
the fiscal cycle of each grant, and includes
the distribution of resources, by grant and
principal recipient and sub-recipient, for
prevention, care, treatment, drugs, and
commodities purchase, and other purposes, as
practicable;'';
(3) in subparagraph (D)(ii), by inserting ``, in an open
machine readable format,'' after ``audits'';
(4) in subparagraph (E), by inserting ``, in an open
machine readable format,'' after ``publicly'';
(5) in subparagraph (F)--
(A) in clause (i), by striking ``and'' at the end;
and
(B) by striking clause (ii) and inserting the
following:
``(ii) all principal recipients and sub-
recipients and the amount of funds disbursed to
each principal recipient and subrecipient on
the fiscal cycle of the grant;
``(iii) expenditure data--
``(I) tracked by principal
recipients and sub-recipients by
program area, where practicable, in
prevention, care, and treatment,
reported in a format that allows
comparison with other funding streams
in each country; or
``(II) if expenditure data is not
available, outlay or disbursement data,
and each public report shall include an
explanation of progress made toward
providing expenditure data; and
``(iv) high-quality grant performance
evaluations measuring inputs, outputs, and
outcomes, as appropriate, with the goal of
achieving outcome reporting;''; and
(6) by striking subparagraph (G) and inserting the
following:
``(G) has published an annual report on a publicly
available Web site in an open, machine readable format,
that includes--
``(i) a list of all countries imposing
import duties and internal taxes on any goods
or services financed by the Global Fund;
``(ii) a description of the types of goods
or services on which import duties and internal
taxes are levied;
``(iii) the total cost of the import duties
and internal taxes;
``(iv) recovered import duties or internal
taxes; and
``(v) the status of country status-
agreements;''.
SEC. 5. ANNUAL REPORT.
(a) In General.--Section 104A(f) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151b-2(f)) is amended to read as follows:
``(f) Annual Report.--
``(1) In general.--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.
``(2) Report elements.--Each report submitted after
February 15, 2014, shall include the following:
``(A) A description based on internationally
available data, using high-quality country-based data
where practicable, of the total global burden and need
for HIV/AIDS prevention, treatment, and care,
including--
``(i) estimates by partner country of the
global burden and need; and
``(ii) HIV incidence, prevalence, and AIDS
deaths for the reporting period.
``(B) Reporting on targets across prevention,
treatment, and care interventions in partner countries,
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 infections;
``(II) reduce the number of new HIV
infections so that it falls below
number of deaths among persons infected
with HIV; and
``(III) achieve an AIDS-free
generation;
``(ii) national targets across prevention,
treatment, and care that are--
``(I) established by partner
countries; or
``(II) where such national partner
country-developed targets are
unavailable, a description of progress
towards developing national partner
country 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 treatment under this section;
``(II) the number of adults and
children to be otherwise supported on
HIV treatment under this section; and
``(III) other programmatic targets
for activities directly and otherwise
supported by United States-funded
programs.
``(C) A description, by partner country, of HIV/
AIDS funding from all sources, including funding levels
from partner countries, other donors, and the private
sector, as practicable.
``(D) A description of how United States bilateral
programs, in conjunction with the Global Fund, other
donors, and partner countries together set targets,
measure progress, and achieve positive outcomes in
partner countries.
``(E) An annual assessment of outcome indicator
development, dissemination, and performance for
programs 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 supported under this section.
``(G) An assessment and quantification of progress
over the reporting period toward achieving the targets
described in subparagraph (B), including--
``(i) the number, by partner country, of
persons on HIV treatment, including
specifically--
``(I) the number of adults and
children on HIV treatment directly
supported by United States-funded
programs;
``(II) the number of adults and
children on HIV treatment otherwise
supported by United States-funded
programs;
``(ii) HIV treatment coverage rates by
country;
``(iii) the net increase in persons on HIV
treatment by partner country;
``(iv) new infections of HIV by country;
``(v) the number of HIV infections averted;
``(vi) antiretroviral treatment program
retention rates, by partner country,
including--
``(I) performance against annual
targets for program retention; and
``(II) the retention rate of
persons on HIV treatment directly
supported by United States-funded
programs; and
``(vii) a description of supportive care,
including management of co-morbidities.
``(H) A description of partner country and United
States-funded HIV/AIDS prevention programs and
policies, including--
``(i) an assessment, by partner country, of
progress to achieve the targets described in
subparagraph (B), with a detailed description
of the metrics used to assess--
``(I) programs to prevent mother to
child transmission of HIV/AIDS,
including coverage rates;
``(II) programs to provide or
promote voluntary medical male
circumcision, including coverage rates;
``(III) programs for behavior-
change; and
``(IV) other programmatic
activities to prevent the transmission
of HIV;
``(ii) a description of 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 efforts aimed at women and
girls.
``(J) A description of the goals, scope, and
measurement of program efforts aimed at orphans,
vulnerable children, and youth.
``(K) A description of the indicators and
milestones used to assess effective, strategic, and
appropriately timed partner country ownership,
including--
``(i) an explanation of the metrics used to
determine whether the pace of any transition to
such ownership is appropriate for such partner
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 capacity to sustain
positive outcomes where needed; and
``(iv) for partner countries undergoing a
transition to greater country ownership, a
description of strategies to assess and
mitigate programmatic and financial risk to
ensure continued quality of care for essential
services.
``(L) A description, globally and by partner
country, 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 counties and the Global
Fund;
``(ii) average costs, by partner country
and by core intervention;
``(iii) expenditure reporting in all
program areas, supplemented with targeted
analyses of the cost-effectiveness of specific
interventions; and
``(iv) import duties and internal taxes
imposed on program commodities and services, by
partner country.
``(M) A description of partnership framework
agreements with countries and regions, where
applicable, including--
``(i) the objectives and structures of such
agreements, including--
``(I) how such agreements are
aligned with national HIV/AIDS plans,
public health strategies, and
commitments of such countries and
regions; and
``(II) how such agreements
incorporate a role for civil society;
and
``(ii) what has been learned in advancing
partnership framework agreements with
countries, and regions as applicable, in terms
of improved coordination and collaboration,
definition of clear roles and responsibilities
and implications for how to further strengthen
these agreements with mutually accountable
measures of progress.
``(N) A description of efforts and activities to
engage new partners, including faith-based, community-
based, and United States 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.
``(3) Definition.--In this subsection, the term `partner
country' means a country that received not less than $5,000,000
in United States HIV/AIDS assistance under this section during
the immediately preceding fiscal year.''.
(b) Report Elements for Fiscal Year 2013 Report.--The annual report
required to be submitted by not later than February 15, 2014, to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives under section 104A(f)
of the Foreign Assistance Act of 1961, as amended by subsection (a) of
this section, shall include the report elements contained in paragraph
(2) of such section 104A(f) as such section was in effect on the day
before the date of the enactment of this Act.
SEC. 6. ALLOCATION OF FUNDING.
(a) Orphans and Vulnerable Children.--Section 403(b) of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7673(b)) is amended--
(1) by striking ``2013'' and inserting ``2018''; and
(2) by striking ``amounts appropriated pursuant to the
authorization of appropriations under section 401'' and
inserting ``amounts appropriated or otherwise made available to
carry out the provisions of section 104A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-2)''.
(b) Funding Allocation.--Section 403(c) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7673(c)) is amended--
(1) by striking ``2013'' and inserting ``2018'';
(2) by striking ``amounts appropriated'' and inserting
``amounts appropriated or otherwise made available to carry out
the provisions of section 104A of the Foreign Assistance Act of
1961 (22 U.S.C. 2151b-2)''; and
(3) by striking ``pursuant to section 401''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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