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 purposes. 

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. EDWARDS, 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. WATERS, 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 committee concerned 


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A BILL 

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 purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Status Report on the 

5 30th Anniversary of HIV/AIDS Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress makes the following findings: 

8 (1) On June 5, 1981, in the Morbidity and 

9 Mortality Weekly Report (MMWR), the Centers for 

10 Disease Control and Prevention (CDC) reported the 

11 identification of 5 cases of pneumocystis carinii 

12 pneumonia (PCP), a rare type of pneumonia typi13 cally caused by a suppressed immune system. 

14 (2) In 1982, public health officials began to use 

15 the term ‘‘acquired immunodeficiency syndrome’’ or 

16 AIDS, to describe the occurrence of opportunistic in17 fections among previously healthy people that were 

18 subsequently associated with the initial 5 cases of 

19 PCP identified in the MMWR. In 1983, scientists 


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1 isolated and identified the virus that causes AIDS, 

2 which became known as human immunodeficiency 

3 virus (HIV). 

4 (3) HIV can be transmitted between persons 

5 through unprotected sexual contact, including vag6 inal, anal, or oral sex, through contaminated injec7 tion needles or blood transfusions, and from a moth8 er to child during pregnancy or through breast milk. 

9 HIV cannot be transmitted through saliva, tears, or 

10 sweat, casual contact, mosquitoes or other insects, or 

11 through the air or water. 

12 (4) The Joint United Nations Programme on 

13 HIV/AIDS (UNAIDS) estimates that since the iden14 tification of AIDS in 1981, more than 60,000,000 

15 people have been infected with HIV, and nearly 

16 30,000,000 people have died of AIDS worldwide. 

17 (5) In 2009, 33,300,000 people were living with 

18 HIV around the world, 1,800,000 people died of 

19 AIDS-related illnesses, and another 2,600,000 peo20 ple were newly infected. Of these numbers, children 

21 under the age of 15 accounted for 260,000 AIDS 

22 deaths, 370,000 new HIV infections, and a total of 

23 2,500,000 of all people living with HIV. 

24 (6) Developing countries continue to bear the 

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1 ca accounting for 68 percent of all adults and chil2 dren living with HIV, 60 percent of whom are 

3 women and girls. 

4 (7) In 2008, the Tom Lantos and Henry J. 

5 Hyde United States Global Leadership Against HIV/ 

6 AIDS, Tuberculosis, and Malaria Reauthorization 

7 Act was enacted into law, reauthorizing the Presi8 dent’s Emergency Plan for AIDS Relief (PEPFAR) 

9 and continued United States participation and con10 tributions to the Global Fund to Fight AIDS, Tu11 berculosis and Malaria. 

12 (8) Nearly 4.7 million people around the world 

13 currently receive support for antiretroviral treatment 

14 as a result of PEPFAR bilateral programs, the 

15 Global Fund, or both. 

16 (9) According to a recent report by the United 

17 Nations Secretary-General, more than 6 million peo18 ple were estimated to be receiving antiretroviral 

19 therapy in low- and middle-income countries as of 

20 December 2010, while about 10 million people who 

21 could benefit from treatment were not receiving it in 

22 2009. 

23 (10) In November 2010, UNAIDS and the 

24 World Health Organization launched the concept of 

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1 ment platform to achieve the goal of preventing 10 

2 million deaths and reducing new HIV infections by 

3 up to 1 million annually by optimizing drug regi4 mens, simplifying laboratory platforms for diagnosis 

5 and monitoring, reducing costs, adapting delivery 

6 systems, and mobilizing communities. 

7 (11) The CDC estimates that in the United 

8 States, more than 1,100,000 people are living with 

9 HIV, and approximately 21 percent do not know 

10 they are infected. 

11 (12) Each year, 56,300 people become newly in12 fected with HIV in the United States, and on average, an individual is infected with HIV every 91 13 ⁄2

14 minutes. 

15 (13) A total of 617,025 people have died of 

16 AIDS in the United States from the beginning of 

17 the HIV/AIDS epidemic through 2008. 

18 (14) At the end of 2008, African-Americans 

19 represented 48 percent of all people living with HIV 

20 in the United States, Whites represented 33 percent, 

21 Hispanics represented 17 percent, Asian-Americans 

22 and Pacific Islanders represented 1 percent, and 

23 American Indians and Alaska Natives represented 

24 less than 1 percent. 


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1 (15) The leading transmission category of HIV 

2 infection in the United States is male-to-male sexual 

3 contact, followed by heterosexual contact and injec4 tion drug use. 

5 (16) Men who have sex with men (MSM) of all 

6 races remain the population most severely affected 

7 by the disease, accounting for 54 percent of all new 

8 HIV infections in 2008, with young MSM of color 

9 representing an increasing share of new HIV infec10 tions over the past decade. African-American MSM 

11 account for 35 percent of all new infections among 

12 all MSM and 63 percent of all new infections among 

13 African-American men, while Hispanic MSM ac14 count for 19 percent of all new infections among all 

15 MSM and 72 percent of new infections among His16 panic men. 

17 (17) Among women, the rate of new HIV infec18 tion for African-American women is nearly 15 times 

19 higher than White women, while the rate among 

20 Hispanic women is nearly 4 times higher. 

21 (18) In 1998, Congress and the Clinton Admin22 istration created the National Minority AIDS Initia23 tive to provide technical assistance, build capacity, 

24 and strengthen outreach efforts among local institu25 tions and community, based organizations that serve 


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1 racial and ethnic minorities living with or vulnerable 

2 to HIV/AIDS. 

3 (19) In 2009, the Ryan White HIV/AIDS 

4 Treatment Extension Act of 2009 was enacted into 

5 law, reauthorizing Federal HIV/AIDS care and 

6 treatment programs for 4 years and making funding 

7 available to United States metropolitan areas, 

8 States, and service providers to assist affected fami9 lies and persons living with HIV/AIDS with health 

10 care and support services. 

11 (20) As of April 7, 2011, approximately 7,900 

12 people across 11 States were waiting to receive 

13 AIDS treatment through the AIDS Drug Assistance 

14 Program authorized by the Ryan White CARE Act. 

15 (21) On July 13, 2010, the President released 

16 a ‘‘National HIV/AIDS Strategy for the United 

17 States’’ along with an accompanying ‘‘Federal Im18 plementation Plan’’ to achieve the goals of reducing 

19 new HIV infections, increasing access to care and 

20 improving health outcomes for people living with 

21 HIV, reducing HIV-related disparities and health in22 equities, and achieving a more coordinated national 

23 response to the HIV epidemic. 

24 (22) In recognition of the 30th anniversary of 

25 the first reported cases of AIDS, the United Nations 


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1 General Assembly will hold a High Level Meeting on 

2 AIDS from June 8–10, 2011, to consider a new 

3 Declaration of Commitment on HIV/AIDS from 

4 United Nations member states. 

5 (23) The 19th International AIDS Conference 

6 will be held in Washington, DC, from July 22–27, 

7 2012, returning to the United States after a nearly 

8 two decade long international boycott that was lifted 

9 following the statutory repeal of a ban on travel and 

10 immigration of people living with HIV/AIDS. 

11 SEC. 3. REPORT ON THE IMPLEMENTATION OF THE NA12 TIONAL HIV/AIDS STRATEGY. 

13 (a) REPORT REQUIRED.—Not later that 6 months 

14 after the date of the enactment of this Act, the President, 

15 in consultation with the heads of all relevant agencies in16 cluding the Department of Education, the Department of 

17 Health and Human Services, the Department of Housing 

18 and Urban Development, the Department of Justice, the 

19 Department of Labor, the Department of Veterans Af20 fairs, and the Social Security Administration, shall trans21 mit to the Congress and make publicly available a report 

22 on the status of the implementation of the National HIV/ 

23 AIDS Strategy. 


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1 (b) CONTENTS.—The report required by subsection 

2 (a) shall include a description, analysis, and evaluation 

3 of— 

4 (1) key steps taken by the Federal Government 

5 towards the achievement of the goals of the National 

6 HIV/AIDS Strategy, including the goals of— 

7 (A) reducing the number of people who be8 come infected with HIV; 

9 (B) increasing access to care and opti10 mizing health outcomes for people living with 

11 HIV; and 

12 (C) reducing HIV-related health dispari13 ties; 

14 (2) the extent to which the National HIV/AIDS 

15 Strategy has improved coordination of efforts to 

16 maximize the effective delivery of HIV/AIDS preven17 tion, care, and treatment services at the community 

18 level, including coordination— 

19 (A) within and among Federal agencies 

20 and departments; 

21 (B) between the Federal Government and 

22 State and local governments and health depart23 ments; 

24 (C) between the Federal Government and 

25 nonprofit foundations and civil society organizaVerDate Mar 15 2010 04:47 May 21, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1880.IH H1880

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1 tions, including community- and faith-based or2 ganizations focused on addressing the issue of 

3 HIV/AIDS; and 

4 (D) between the Federal Government and 

5 private businesses. 

6 (3) efforts by the Federal Government to edu7 cate, involve, and establish and strengthen partner8 ships with civil society organizations, including 

9 community- and faith-based organizations, in order 

10 to implement the National HIV/AIDS Strategy and 

11 achieve its goals; 

12 (4) how Federal resources are being deployed to 

13 implement the Strategy, including— 

14 (A) the amount of funding used to date, by 

15 each Federal agency and department, to imple16 ment the National HIV/AIDS Strategy; 

17 (B) a brief summary for each Federal 

18 agency and department of the number and 

19 function of all Federal employees assisting in 

20 implementing the Strategy; and 

21 (C) an estimate of the amount of funding 

22 necessary to implement the National HIV/AIDS 

23 Strategy, by each Federal agency and depart24 ment, for the next fiscal year; and 


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1 (5) what additional steps, if any, are necessary 

2 to fully implement the National HIV/AIDS Strategy, 

3 including— 

4 (A) whether any existing statutory laws, 

5 policies, or regulations are impeding the imple6 mentation of the National HIV/AIDS Strategy, 

7 at the Federal, State, or local level, and wheth8 er any changes to such laws, policies, or regula9 tions are necessary or recommended; and 

10 (B) whether any Federal agencies or de11 partments require additional statutory authority 

12 to effectively carry out their duties as part of 

13 the National HIV/AIDS Strategy. 

14 (c) USE OF PREVIOUSLY APPROPRIATED FUNDS.— 

15 Funding for the report required under subsection (a) shall 

16 derive from discretionary funds of the departments and 

17 agencies specified in such subsection. 

18 SEC. 4. REPORT ON PROGRESS TOWARDS ACHIEVING UNI19 VERSAL ACCESS TO HIV/AIDS TREATMENT. 

20 (a) REPORT REQUIRED.—Not later than 6 months 

21 after the date of the enactment of this Act, the President, 

22 in consultation with the Global AIDS Coordinator and the 

23 heads of all relevant agencies, including the Department 

24 of State, the Department of Health and Human Services, 

25 the United States Agency for International Development, 


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1 the Centers for Disease Control and Prevention, and the 

2 National Institutes of Health, shall transmit to the Con3 gress and make publicly available a report on the status 

4 of international progress towards achieving universal ac5 cess to HIV/AIDS treatment for people living with HIV/ 

6 AIDS. 

7 (b) CONTENTS.—The report required by subsection 

8 (a) shall include a description, analysis, and evaluation 

9 of— 

10 (1) the extent to which progress has been made 

11 in achieving the goal of universal access to HIV/ 

12 AIDS treatment on a country, regional, and global 

13 basis, as well as addressing the ongoing challenges 

14 and obstacles to achieving such goal, including— 

15 (A) for the prevention of mother-to-child 

16 transmission; 

17 (B) with respect to the most-at-risk popu18 lations (MARPs) such as injection drug users, 

19 sex workers and their clients, men who have sex 

20 with men, transgender people, and prisoners; 

21 (C) to ensure the availability of treatment 

22 as prevention strategies; 

23 (D) an estimate of the amount of funding 

24 and resources provided to date in order to 


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1 achieve the goal, including funding and re2 sources provided by— 

3 (i) the United States; 

4 (ii) partner countries; 

5 (iii) the Global Fund to Fight AIDS, 

6 Tuberculosis and Malaria, UNAIDS, the 

7 World Health Organization, and other 

8 multilateral institutions; 

9 (iv) other donor nations; 

10 (v) nonprofit foundations and civil-so11 ciety and nongovernmental organizations, 

12 including community- and faith-based or13 ganizations; and 

14 (vi) private businesses; and 

15 (E) an estimate of the amount of funding 

16 and resources still needed to accomplish the 

17 goal; 

18 (2) how the United States is contributing to the 

19 achievement of the goal of universal access to HIV/ 

20 AIDS treatment, including through— 

21 (A) improved coordination and collabora22 tion among relevant Federal agencies and de23 partments and among— 

24 (i) the United States; 

25 (ii) partner countries; 


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1 (iii) the Global Fund to Fight AIDS, 

2 Tuberculosis and Malaria, UNAIDS, the 

3 World Health Organization, and other 

4 multilateral institutions; 

5 (iv) other donor nations; 

6 (v) nonprofit foundations and civil-so7 ciety and nongovernmental organizations, 

8 including community- and faith-based or9 ganizations; and 

10 (vi) private businesses; 

11 (B) the identification and utilization of ef12 ficiencies in the delivery of HIV/AIDS treat13 ment services within and between United States 

14 funded bilateral and multilateral programs, and 

15 partner countries, including to the extent that 

16 such gains in efficiencies are being exhausted; 

17 (C) bilateral HIV/AIDS programs and 

18 other bilateral global health programs; 

19 (D) the Global Fund to Fight AIDS, Tu20 berculosis and Malaria; 

21 (E) ongoing research into new, simpler, 

22 more effective, and cheaper HIV treatment 

23 regimens, including operational research to en24 sure that such treatments are adhered to and 

25 delivered quickly and efficiently; 


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1 (F) bilateral and multilateral efforts to 

2 strengthen recruitment, training, and retention 

3 of skilled indigenous health workers within na4 tional health systems of partner countries, in5 cluding to increase the effectiveness of such 

6 health workers and ensure their equitable dis7 tribution within the country; 

8 (G) bilateral and multilateral trade and in9 vestment negotiations, policies, or agreements, 

10 especially in cases affecting the price, quality, 

11 accessibility, and affordability of pharma12 ceuticals, including second-line pharmaceuticals, 

13 diagnostics, and medical products and devices 

14 (including any patents for or generic alter15 natives to such items) used to treat HIV/AIDS 

16 and its associated opportunistic infections or 

17 diseases; 

18 (H) participation, contribution, and leader19 ship within multilateral institutions including 

20 UNAIDS, the World Health Organization, the 

21 United Nations, international financial institu22 tions, and other such multilateral institutions; 

23 and 

24 (I) the amount of funding and resources 

25 provided by the United States to date, and an 


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1 estimate of the amount of funding and re2 sources necessary for the next fiscal year; and 

3 (3) the concept of ‘‘Treatment 2.0’’ as proposed 

4 by UNAIDS and the World Health Organization to 

5 improve and expand HIV treatment by optimizing 

6 drug regimens, simplifying laboratory platforms for 

7 diagnosis and monitoring, reducing costs, adapting 

8 delivery systems, and mobilizing communities, in9 cluding— 

10 (A) the progress achieved to date and any 

11 challenges and obstacles to the realization of 

12 the proposal; and 

13 (B) a summary of efforts by the United 

14 States in contributing to the realization of the 

15 proposal, and any such planned actions by the 

16 United States for the next fiscal year, includ17 ing— 

18 (i) any proposed changes to United 

19 States statutory laws, policies, or regula20 tions; and 

21 (ii) the amount of funding and re22 sources provided to date by the United 

23 States to support the proposal, and for the 

24 next fiscal year. 


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1 (c) USE OF PREVIOUSLY APPROPRIATED FUNDS.— 

2 Funding for the report required under subsection (a) shall 

3 derive from existing discretionary funds of the depart4 ments and agencies specified in such subsection. 

5 SEC. 5. DEFINITIONS. 

6 In this Act: 

7 (1) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and 

8 ‘‘HIV/AIDS’’ have the meanings given to such terms 

9 in section 2689 of the Public Health Service Act (42 

10 U.S.C. 300ff–88). 

11 (2) INTERNATIONAL FINANCIAL INSTITU12 TION.—The term ‘‘international financial institu13 tion’’ means any of the following institutions: 

14 (A) The International Bank for Recon15 struction and Development. 

16 (B) The International Development Asso17 ciation. 

18 (C) The International Finance Corpora19 tion. 

20 (D) The Multilateral Investment Guar21 antee Agency. 

22 (E) The International Centre for Settle23 ment of Investment Disputes. 

24 (F) The Inter-American Development 

25 Bank. 


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1 (G) The Asian Development Bank. 

2 (H) The Asian Development Fund. 

3 (I) The African Development Bank. 

4 (J) The African Development Fund. 

5 (K) The International Monetary Fund. 

6 (L) The North American Development 

7 Bank. 

8 (M) The European Bank for Reconstruc9 tion and Development. 

10 (3) NATIONAL HIV/AIDS STRATEGY.—The term 

11 ‘‘National HIV/AIDS Strategy’’ means the National 

12 HIV/AIDS Strategy of the United States developed 

13 by the President. 

14 (4) TREATMENT AS PREVENTION.—The term 

15 ‘‘treatment as prevention’’ means the strategy of 

16 providing antiretroviral treatment to people living 

17 with or vulnerable to HIV/AIDS in order to decrease 

18 their risk of transmitting or becoming infected with 

19 the virus. Such strategies may include— 

20 (A) ‘‘pre-exposure prophylaxis’’ which 

21 means the provision of antiretroviral drugs to 

22 uninfected individuals before possible exposure 

23 to the virus; and 

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1 risk group or a defined geographic area and the 

2 immediate provision of antiretroviral treatment 

3 to everyone who tests positive for the disease. 

4 (5) UNAIDS.—The term ‘‘UNAIDS’’ means 

5 the Joint United Nations Programme on HIV/AIDS. 

Æ 


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