Text of US HB 1880 (2011)
Status Report on the 30th Anniversary of HIV/AIDS Act
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As introduced
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I
112TH CONGRESS
1ST SESSION H. R. 1880
To require, on the occasion of the 30th anniversary of the first reported
cases of AIDS, reporting on the implementation of the National HIV/
AIDS Strategy and on the status of international progress towards
achieving universal access to HIV/AIDS treatment, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 2011
Ms. LEE of California (for herself, Mr. GRIJALVA, Mr. MORAN, Mr. CONYERS,
Mr. MEEKS, Ms. NORTON, Mr. TOWNS, Mr. COURTNEY, Ms.
SCHAKOWSKY, Mr. FRANK of Massachusetts, Ms. WILSON of Florida, Mr.
COHEN, Ms. RICHARDSON, Mr. NADLER, Mrs. MALONEY, Mr. SERRANO,
Mr. RANGEL, Mr. STARK, Ms. BORDALLO, Ms. BASS of California, Mr.
ACKERMAN, Ms. BALDWIN, Mr. BECERRA, Ms. BERKLEY, Mr. BISHOP of
Georgia, Mr. BRALEY of Iowa, Ms. BROWN of Florida, Mr. CICILLINE,
Mr. CLARKE of Michigan, Ms. CLARKE of New York, Mr. CLAY, Mr.
CLEAVER, Mr. CLYBURN, Ms. DEGETTE, Mr. CROWLEY, Mr. DAVIS of
Illinois, Mrs. DAVIS of California, Ms. DELAURO, Mr. DOGGETT, Ms. ED-
WARDS, Mr. ELLISON, Mr. FARR, Mr. FATTAH, Mr. GARAMENDI, Mr.
GENE GREEN of Texas, Ms. HANABUSA, Mr. HASTINGS of Florida, Mr.
HIGGINS, Mr. HOLDEN, Mr. HONDA, Ms. JACKSON LEE of Texas, Mr.
LARSON of Connecticut, Ms. EDDIE BERNICE JOHNSON of Texas, Mr.
JOHNSON of Georgia, Mr. LANGEVIN, Mr. LEVIN, Mr. MCNERNEY, Ms.
MOORE, Mrs. NAPOLITANO, Mr. PASTOR of Arizona, Mr. PAYNE, Mr.
PRICE of North Carolina, Mr. REYES, Mr. RICHMOND, Mr. RAHALL, Ms.
ROYBAL-ALLARD, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Ms.
SPEIER, Mr. THOMPSON of Mississippi, Mr. TONKO, Ms. TSONGAS, Mr.
VAN HOLLEN, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WA-
TERS, Mr. WATT, Mr. WAXMAN, Mr. WEINER, Ms. WOOLSEY, Mr.
MCDERMOTT, Ms. PINGREE of Maine, Mr. DOYLE, Mr. TIERNEY, Mr.
SCHIFF, Mr. OLVER, Mr. RUSH, and Mr. JACKSON of Illinois) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Foreign Affairs, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
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•HR 1880 IH
A BILL
To require, on the occasion of the 30th anniversary of the
first reported cases of AIDS, reporting on the implemen-
tation of the National HIV/AIDS Strategy and on the
status of international progress towards achieving uni-
versal access to HIV/AIDS treatment, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Status Report on the
4
30th Anniversary of HIV/AIDS Act’’.
5
SEC. 2. FINDINGS.
6
The Congress makes the following findings:
7
(1) On June 5, 1981, in the Morbidity and
8
Mortality Weekly Report (MMWR), the Centers for
9
Disease Control and Prevention (CDC) reported the
10
identification of 5 cases of pneumocystis carinii
11
pneumonia (PCP), a rare type of pneumonia typi-
12
cally caused by a suppressed immune system.
13
(2) In 1982, public health officials began to use
14
the term ‘‘acquired immunodeficiency syndrome’’ or
15
AIDS, to describe the occurrence of opportunistic in-
16
fections among previously healthy people that were
17
subsequently associated with the initial 5 cases of
18
PCP identified in the MMWR. In 1983, scientists
19
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•HR 1880 IH
isolated and identified the virus that causes AIDS,
1
which became known as human immunodeficiency
2
virus (HIV).
3
(3) HIV can be transmitted between persons
4
through unprotected sexual contact, including vag-
5
inal, anal, or oral sex, through contaminated injec-
6
tion needles or blood transfusions, and from a moth-
7
er to child during pregnancy or through breast milk.
8
HIV cannot be transmitted through saliva, tears, or
9
sweat, casual contact, mosquitoes or other insects, or
10
through the air or water.
11
(4) The Joint United Nations Programme on
12
HIV/AIDS (UNAIDS) estimates that since the iden-
13
tification of AIDS in 1981, more than 60,000,000
14
people have been infected with HIV, and nearly
15
30,000,000 people have died of AIDS worldwide.
16
(5) In 2009, 33,300,000 people were living with
17
HIV around the world, 1,800,000 people died of
18
AIDS-related illnesses, and another 2,600,000 peo-
19
ple were newly infected. Of these numbers, children
20
under the age of 15 accounted for 260,000 AIDS
21
deaths, 370,000 new HIV infections, and a total of
22
2,500,000 of all people living with HIV.
23
(6) Developing countries continue to bear the
24
brunt of the AIDS pandemic with sub-Saharan Afri-
25
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•HR 1880 IH
ca accounting for 68 percent of all adults and chil-
1
dren living with HIV, 60 percent of whom are
2
women and girls.
3
(7) In 2008, the Tom Lantos and Henry J.
4
Hyde United States Global Leadership Against HIV/
5
AIDS, Tuberculosis, and Malaria Reauthorization
6
Act was enacted into law, reauthorizing the Presi-
7
dent’s Emergency Plan for AIDS Relief (PEPFAR)
8
and continued United States participation and con-
9
tributions to the Global Fund to Fight AIDS, Tu-
10
berculosis and Malaria.
11
(8) Nearly 4.7 million people around the world
12
currently receive support for antiretroviral treatment
13
as a result of PEPFAR bilateral programs, the
14
Global Fund, or both.
15
(9) According to a recent report by the United
16
Nations Secretary-General, more than 6 million peo-
17
ple were estimated to be receiving antiretroviral
18
therapy in low- and middle-income countries as of
19
December 2010, while about 10 million people who
20
could benefit from treatment were not receiving it in
21
2009.
22
(10) In November 2010, UNAIDS and the
23
World Health Organization launched the concept of
24
‘‘Treatment 2.0’’, a radically simplified HIV treat-
25
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•HR 1880 IH
ment platform to achieve the goal of preventing 10
1
million deaths and reducing new HIV infections by
2
up to 1 million annually by optimizing drug regi-
3
mens, simplifying laboratory platforms for diagnosis
4
and monitoring, reducing costs, adapting delivery
5
systems, and mobilizing communities.
6
(11) The CDC estimates that in the United
7
States, more than 1,100,000 people are living with
8
HIV, and approximately 21 percent do not know
9
they are infected.
10
(12) Each year, 56,300 people become newly in-
11
fected with HIV in the United States, and on aver-
12
age, an individual is infected with HIV every 91⁄2
13
minutes.
14
(13) A total of 617,025 people have died of
15
AIDS in the United States from the beginning of
16
the HIV/AIDS epidemic through 2008.
17
(14) At the end of 2008, African-Americans
18
represented 48 percent of all people living with HIV
19
in the United States, Whites represented 33 percent,
20
Hispanics represented 17 percent, Asian-Americans
21
and Pacific Islanders represented 1 percent, and
22
American Indians and Alaska Natives represented
23
less than 1 percent.
24
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•HR 1880 IH
(15) The leading transmission category of HIV
1
infection in the United States is male-to-male sexual
2
contact, followed by heterosexual contact and injec-
3
tion drug use.
4
(16) Men who have sex with men (MSM) of all
5
races remain the population most severely affected
6
by the disease, accounting for 54 percent of all new
7
HIV infections in 2008, with young MSM of color
8
representing an increasing share of new HIV infec-
9
tions over the past decade. African-American MSM
10
account for 35 percent of all new infections among
11
all MSM and 63 percent of all new infections among
12
African-American men, while Hispanic MSM ac-
13
count for 19 percent of all new infections among all
14
MSM and 72 percent of new infections among His-
15
panic men.
16
(17) Among women, the rate of new HIV infec-
17
tion for African-American women is nearly 15 times
18
higher than White women, while the rate among
19
Hispanic women is nearly 4 times higher.
20
(18) In 1998, Congress and the Clinton Admin-
21
istration created the National Minority AIDS Initia-
22
tive to provide technical assistance, build capacity,
23
and strengthen outreach efforts among local institu-
24
tions and community, based organizations that serve
25
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•HR 1880 IH
racial and ethnic minorities living with or vulnerable
1
to HIV/AIDS.
2
(19) In 2009, the Ryan White HIV/AIDS
3
Treatment Extension Act of 2009 was enacted into
4
law, reauthorizing Federal HIV/AIDS care and
5
treatment programs for 4 years and making funding
6
available to United States metropolitan areas,
7
States, and service providers to assist affected fami-
8
lies and persons living with HIV/AIDS with health
9
care and support services.
10
(20) As of April 7, 2011, approximately 7,900
11
people across 11 States were waiting to receive
12
AIDS treatment through the AIDS Drug Assistance
13
Program authorized by the Ryan White CARE Act.
14
(21) On July 13, 2010, the President released
15
a ‘‘National HIV/AIDS Strategy for the United
16
States’’ along with an accompanying ‘‘Federal Im-
17
plementation Plan’’ to achieve the goals of reducing
18
new HIV infections, increasing access to care and
19
improving health outcomes for people living with
20
HIV, reducing HIV-related disparities and health in-
21
equities, and achieving a more coordinated national
22
response to the HIV epidemic.
23
(22) In recognition of the 30th anniversary of
24
the first reported cases of AIDS, the United Nations
25
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•HR 1880 IH
General Assembly will hold a High Level Meeting on
1
AIDS from June 8–10, 2011, to consider a new
2
Declaration of Commitment on HIV/AIDS from
3
United Nations member states.
4
(23) The 19th International AIDS Conference
5
will be held in Washington, DC, from July 22–27,
6
2012, returning to the United States after a nearly
7
two decade long international boycott that was lifted
8
following the statutory repeal of a ban on travel and
9
immigration of people living with HIV/AIDS.
10
SEC. 3. REPORT ON THE IMPLEMENTATION OF THE NA-
11
TIONAL HIV/AIDS STRATEGY.
12
(a) REPORT REQUIRED.—Not later that 6 months
13
after the date of the enactment of this Act, the President,
14
in consultation with the heads of all relevant agencies in-
15
cluding the Department of Education, the Department of
16
Health and Human Services, the Department of Housing
17
and Urban Development, the Department of Justice, the
18
Department of Labor, the Department of Veterans Af-
19
fairs, and the Social Security Administration, shall trans-
20
mit to the Congress and make publicly available a report
21
on the status of the implementation of the National HIV/
22
AIDS Strategy.
23
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•HR 1880 IH
(b) CONTENTS.—The report required by subsection
1
(a) shall include a description, analysis, and evaluation
2
of—
3
(1) key steps taken by the Federal Government
4
towards the achievement of the goals of the National
5
HIV/AIDS Strategy, including the goals of—
6
(A) reducing the number of people who be-
7
come infected with HIV;
8
(B) increasing access to care and opti-
9
mizing health outcomes for people living with
10
HIV; and
11
(C) reducing HIV-related health dispari-
12
ties;
13
(2) the extent to which the National HIV/AIDS
14
Strategy has improved coordination of efforts to
15
maximize the effective delivery of HIV/AIDS preven-
16
tion, care, and treatment services at the community
17
level, including coordination—
18
(A) within and among Federal agencies
19
and departments;
20
(B) between the Federal Government and
21
State and local governments and health depart-
22
ments;
23
(C) between the Federal Government and
24
nonprofit foundations and civil society organiza-
25
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•HR 1880 IH
tions, including community- and faith-based or-
1
ganizations focused on addressing the issue of
2
HIV/AIDS; and
3
(D) between the Federal Government and
4
private businesses.
5
(3) efforts by the Federal Government to edu-
6
cate, involve, and establish and strengthen partner-
7
ships with civil society organizations, including
8
community- and faith-based organizations, in order
9
to implement the National HIV/AIDS Strategy and
10
achieve its goals;
11
(4) how Federal resources are being deployed to
12
implement the Strategy, including—
13
(A) the amount of funding used to date, by
14
each Federal agency and department, to imple-
15
ment the National HIV/AIDS Strategy;
16
(B) a brief summary for each Federal
17
agency and department of the number and
18
function of all Federal employees assisting in
19
implementing the Strategy; and
20
(C) an estimate of the amount of funding
21
necessary to implement the National HIV/AIDS
22
Strategy, by each Federal agency and depart-
23
ment, for the next fiscal year; and
24
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•HR 1880 IH
(5) what additional steps, if any, are necessary
1
to fully implement the National HIV/AIDS Strategy,
2
including—
3
(A) whether any existing statutory laws,
4
policies, or regulations are impeding the imple-
5
mentation of the National HIV/AIDS Strategy,
6
at the Federal, State, or local level, and wheth-
7
er any changes to such laws, policies, or regula-
8
tions are necessary or recommended; and
9
(B) whether any Federal agencies or de-
10
partments require additional statutory authority
11
to effectively carry out their duties as part of
12
the National HIV/AIDS Strategy.
13
(c) USE OF PREVIOUSLY APPROPRIATED FUNDS.—
14
Funding for the report required under subsection (a) shall
15
derive from discretionary funds of the departments and
16
agencies specified in such subsection.
17
SEC. 4. REPORT ON PROGRESS TOWARDS ACHIEVING UNI-
18
VERSAL ACCESS TO HIV/AIDS TREATMENT.
19
(a) REPORT REQUIRED.—Not later than 6 months
20
after the date of the enactment of this Act, the President,
21
in consultation with the Global AIDS Coordinator and the
22
heads of all relevant agencies, including the Department
23
of State, the Department of Health and Human Services,
24
the United States Agency for International Development,
25
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•HR 1880 IH
the Centers for Disease Control and Prevention, and the
1
National Institutes of Health, shall transmit to the Con-
2
gress and make publicly available a report on the status
3
of international progress towards achieving universal ac-
4
cess to HIV/AIDS treatment for people living with HIV/
5
AIDS.
6
(b) CONTENTS.—The report required by subsection
7
(a) shall include a description, analysis, and evaluation
8
of—
9
(1) the extent to which progress has been made
10
in achieving the goal of universal access to HIV/
11
AIDS treatment on a country, regional, and global
12
basis, as well as addressing the ongoing challenges
13
and obstacles to achieving such goal, including—
14
(A) for the prevention of mother-to-child
15
transmission;
16
(B) with respect to the most-at-risk popu-
17
lations (MARPs) such as injection drug users,
18
sex workers and their clients, men who have sex
19
with men, transgender people, and prisoners;
20
(C) to ensure the availability of treatment
21
as prevention strategies;
22
(D) an estimate of the amount of funding
23
and resources provided to date in order to
24
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•HR 1880 IH
achieve the goal, including funding and re-
1
sources provided by—
2
(i) the United States;
3
(ii) partner countries;
4
(iii) the Global Fund to Fight AIDS,
5
Tuberculosis and Malaria, UNAIDS, the
6
World Health Organization, and other
7
multilateral institutions;
8
(iv) other donor nations;
9
(v) nonprofit foundations and civil-so-
10
ciety and nongovernmental organizations,
11
including community- and faith-based or-
12
ganizations; and
13
(vi) private businesses; and
14
(E) an estimate of the amount of funding
15
and resources still needed to accomplish the
16
goal;
17
(2) how the United States is contributing to the
18
achievement of the goal of universal access to HIV/
19
AIDS treatment, including through—
20
(A) improved coordination and collabora-
21
tion among relevant Federal agencies and de-
22
partments and among—
23
(i) the United States;
24
(ii) partner countries;
25
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•HR 1880 IH
(iii) the Global Fund to Fight AIDS,
1
Tuberculosis and Malaria, UNAIDS, the
2
World Health Organization, and other
3
multilateral institutions;
4
(iv) other donor nations;
5
(v) nonprofit foundations and civil-so-
6
ciety and nongovernmental organizations,
7
including community- and faith-based or-
8
ganizations; and
9
(vi) private businesses;
10
(B) the identification and utilization of ef-
11
ficiencies in the delivery of HIV/AIDS treat-
12
ment services within and between United States
13
funded bilateral and multilateral programs, and
14
partner countries, including to the extent that
15
such gains in efficiencies are being exhausted;
16
(C) bilateral HIV/AIDS programs and
17
other bilateral global health programs;
18
(D) the Global Fund to Fight AIDS, Tu-
19
berculosis and Malaria;
20
(E) ongoing research into new, simpler,
21
more effective, and cheaper HIV treatment
22
regimens, including operational research to en-
23
sure that such treatments are adhered to and
24
delivered quickly and efficiently;
25
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•HR 1880 IH
(F) bilateral and multilateral efforts to
1
strengthen recruitment, training, and retention
2
of skilled indigenous health workers within na-
3
tional health systems of partner countries, in-
4
cluding to increase the effectiveness of such
5
health workers and ensure their equitable dis-
6
tribution within the country;
7
(G) bilateral and multilateral trade and in-
8
vestment negotiations, policies, or agreements,
9
especially in cases affecting the price, quality,
10
accessibility, and affordability of pharma-
11
ceuticals, including second-line pharmaceuticals,
12
diagnostics, and medical products and devices
13
(including any patents for or generic alter-
14
natives to such items) used to treat HIV/AIDS
15
and its associated opportunistic infections or
16
diseases;
17
(H) participation, contribution, and leader-
18
ship within multilateral institutions including
19
UNAIDS, the World Health Organization, the
20
United Nations, international financial institu-
21
tions, and other such multilateral institutions;
22
and
23
(I) the amount of funding and resources
24
provided by the United States to date, and an
25
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•HR 1880 IH
estimate of the amount of funding and re-
1
sources necessary for the next fiscal year; and
2
(3) the concept of ‘‘Treatment 2.0’’ as proposed
3
by UNAIDS and the World Health Organization to
4
improve and expand HIV treatment by optimizing
5
drug regimens, simplifying laboratory platforms for
6
diagnosis and monitoring, reducing costs, adapting
7
delivery systems, and mobilizing communities, in-
8
cluding—
9
(A) the progress achieved to date and any
10
challenges and obstacles to the realization of
11
the proposal; and
12
(B) a summary of efforts by the United
13
States in contributing to the realization of the
14
proposal, and any such planned actions by the
15
United States for the next fiscal year, includ-
16
ing—
17
(i) any proposed changes to United
18
States statutory laws, policies, or regula-
19
tions; and
20
(ii) the amount of funding and re-
21
sources provided to date by the United
22
States to support the proposal, and for the
23
next fiscal year.
24
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•HR 1880 IH
(c) USE OF PREVIOUSLY APPROPRIATED FUNDS.—
1
Funding for the report required under subsection (a) shall
2
derive from existing discretionary funds of the depart-
3
ments and agencies specified in such subsection.
4
SEC. 5. DEFINITIONS.
5
In this Act:
6
(1) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and
7
‘‘HIV/AIDS’’ have the meanings given to such terms
8
in section 2689 of the Public Health Service Act (42
9
U.S.C. 300ff–88).
10
(2)
INTERNATIONAL
FINANCIAL
INSTITU-
11
TION.—The term ‘‘international financial institu-
12
tion’’ means any of the following institutions:
13
(A) The International Bank for Recon-
14
struction and Development.
15
(B) The International Development Asso-
16
ciation.
17
(C) The International Finance Corpora-
18
tion.
19
(D) The Multilateral Investment Guar-
20
antee Agency.
21
(E) The International Centre for Settle-
22
ment of Investment Disputes.
23
(F)
The
Inter-American
Development
24
Bank.
25
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•HR 1880 IH
(G) The Asian Development Bank.
1
(H) The Asian Development Fund.
2
(I) The African Development Bank.
3
(J) The African Development Fund.
4
(K) The International Monetary Fund.
5
(L) The North American Development
6
Bank.
7
(M) The European Bank for Reconstruc-
8
tion and Development.
9
(3) NATIONAL HIV/AIDS STRATEGY.—The term
10
‘‘National HIV/AIDS Strategy’’ means the National
11
HIV/AIDS Strategy of the United States developed
12
by the President.
13
(4) TREATMENT
AS
PREVENTION.—The term
14
‘‘treatment as prevention’’ means the strategy of
15
providing antiretroviral treatment to people living
16
with or vulnerable to HIV/AIDS in order to decrease
17
their risk of transmitting or becoming infected with
18
the virus. Such strategies may include—
19
(A)
‘‘pre-exposure
prophylaxis’’
which
20
means the provision of antiretroviral drugs to
21
uninfected individuals before possible exposure
22
to the virus; and
23
(B) ‘‘test and treat’’ which means the test-
24
ing of everyone for HIV/AIDS within a high-
25
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19
•HR 1880 IH
risk group or a defined geographic area and the
1
immediate provision of antiretroviral treatment
2
to everyone who tests positive for the disease.
3
(5) UNAIDS.—The term ‘‘UNAIDS’’ means
4
the Joint United Nations Programme on HIV/AIDS.
5
Æ
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