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                                                                                        Updated March  14, 2019

PEPFAR Stewardship and Oversight Act: Expiring Authorities


Congress has prioritized fighting HIV/AIDS globally,
having authorized related activities and appropriated over
$82 billion for HIV/AIDS programs since FY2001 (Table
1). The 108th and 1 10th Congresses enacted two pieces of
legislation that have shaped U.S. responses to these
diseases: the Leadership Act of 2003, P.L. 108-25, and
the Lantos-Hyde Act of 2008, P.L. 110-293. Among
other things, these acts authorized appropriations for the
President's Emergency Plan for AIDS Relief (PEPFAR), a
government-wide initiative to combat global HIV/AIDS.

In 2013, when authorizations in the Lantos-Hyde Act were
set to expire, congressional commitment to fighting
HIV/AIDS  remained strong, but concerns about recovering
from the Great Recession had depressed support for
enacting legislation that authorized the provision of billions
of dollars over several years. Ultimately, the 113th Congress
enacted P.L. 113-56, the Stewardship Act of 2013, which
did not authorize a particular amount, but permitted further
appropriations, extended programs, and enhanced oversight.
Many  of these provisions were set to expire at the end of
FY2018  (Table 2).

On November  13, 2018, the House passed H.R. 6651, the
PEPFAR   Extension Act of 2018. The bill was agreed to in
the Senate and presented to the President on November 30,
2018. The President signed the bill into law on December
11, 2018. Among other things, the PEPFAR Extension Act
* required the Inspectors General of the Department of
  State, Broadcasting Board of Governors, HHS, and
  USAID  to jointly coordinate annual plans for oversight
  activities through 2023;
* required the Global AIDS Coordinator to publish
  annually reports on HIV/AIDS spending by the U.S.
  government, the Global Fund, and governments in
  partner countries through 2024;
* limited U.S. Global Fund contributions to 33% of all
  contributions received and permit withholding portions of
  those contributions through 2023;
* required that more than half of U.S. international
  HIV/AIDS  appropriations be used for treatment of
  HIV/AIDS  and other associated opportunistic infections,
  as well as nutritional support and medical care for people
  living with HIV/AIDS through 2023; and
* required that at least 10% of funds be used on care and
  support for orphans and vulnerable children until 2023.

PEPFAR-Related Legislation
The Leadership  Act. In January 2003, President George
W. Bush announced  PEPFAR.  PEPFAR   supports a wide


range of HIV/AIDS prevention, treatment, and care
activities and is the largest commitment by any nation to
combat a single disease. Later that year, Congress enacted
the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003, P.L. 108-25, which
authorized $15 billion to be spent from FY2004 to FY2008
on bilateral and multilateral HIV/AIDS, TB, and malaria
programs. The Leadership Act (and the legislation that it
amends) is the primary vehicle through which U.S. global
assistance for fighting these diseases is authorized. The act
included language to instruct how the funds should be
spent, list program goals and targets, and establish the
Coordinator of the United States Government Activities to
Combat  HIV/AIDS  Globally (known as the Global AIDS
Coordinator) at the Department of State. The Office of the
Global AIDS Coordinator (OGAC)  distributes the majority
of the funds it receives from Congress for global HIV/AIDS
programs to U.S. federal agencies and departments and
multilateral groups like the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund).

The Lantos-Hyde  Act. In 2008, Congress enacted the Tom
Lantos and Henry J. Hyde United States Global Leadership
Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008, P.L. 110-293, which amended
the Leadership Act to authorize the appropriation of $48
billion for global HIV/AIDS, TB, and malaria efforts from
FY2009  to FY2013. The Lantos-Hyde Act mostly amends
the Leadership Act, although it also amends some other
acts, such as the Foreign Assistance Act of 1961, and
includes some stand-alone authorities. The Leadership Act
and the Lantos-Hyde Act (primarily through amendments to
the Leadership Act) created frameworks for how the funds
should be spent, established program goals and targets, and
established offices for coordinating government-wide
responses, among other things.

PEPFAR   Stewardship  Act. In 2013, Congress enacted
P.L. 113-56, the PEPFAR Stewardship and Oversight Act
of 2013. Unlike its predecessors, this act did not authorize a
particular total amount for global HIV/AIDS, TB, and
malaria programs. It primarily focused on enhancing
oversight for related programs; preserving requirements to
apportion 10% of HIV/AIDS funds for orphans and
vulnerable children (OVC); mandating that more than half
of related funds be spent on HIV/AIDS treatment and care;
and requiring that at least 50% of prevention funds be used
for activities that promote abstinence, delay of sexual debut,
monogamy,  fidelity, and partner reduction.


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