822 
(2) the terms and conditions under which the 
currencies so deposited may be utilized, consistent 
with this section; and 
(3) the responsibilities of the Agency and the 
foreign government to monitor and account for de-
posits into and disbursements from the separate ac-
count. 
(c) USES OF LOCAL CURRENCIES.—Local currencies 
deposited in a separate account pursuant to subsection 
(a), or an equivalent amount of local currencies, shall be 
used only— 
(1) to further the goals and objectives of title 
I; or 
(2) for the administrative requirements of the 
United States Government. 
(d) TERMINATION
OF ASSISTANCE PROGRAMS.— 
Upon termination of economic assistance to a country, any 
unencumbered balances of funds which remain in a sepa-
rate account established pursuant to subsection (a) shall 
be disposed of for such purposes as may be agreed to by 
the government of that country and the United States 
Government. 
(e) REPORTING REQUIREMENT.—The Administrator 
shall include in the annual congressional budget justifica-
tion documents submitted pursuant to section 9302 a re-
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port on the amounts and uses of local currency (and 
United States dollar equivalent) in each applicable coun-
try. 
SEC. 11602. USE OF CERTAIN FOREIGN CURRENCIES. 
(a) AUTHORITY TO USE FOREIGN CURRENCIES FOR 
ASSISTANCE PROGRAMS.—Except as otherwise provided 
in this Act or other provisions of law, foreign currencies 
described in subsection (b) that are owned by the United 
States Government are authorized to be appropriated for 
use in providing assistance under this Act. 
(b) FOREIGN CURRENCIES THAT MAY BE USED FOR 
ASSISTANCE.—The foreign currencies that may be used 
under subsection (a) are any foreign currencies received 
as a result of the furnishing of assistance under this Act 
(or any predecessor Acts authorizing non-military assist-
ance), other than assistance administered through the De-
partment of Defense, that are in excess of— 
(1) the amounts reserved under authority of 
section 105(d) of the Mutual Educational and Cul-
tural Exchange Act of 1961 or any other Act relat-
ing to educational and cultural exchanges; and 
(2) the amounts required for payment by the 
agencies of the United States Government of their 
obligations outside the United States, as such re-
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quirements may be established from time to time by 
the President. 
(c) PAYMENT
OF OBLIGATIONS
OF GOVERNMENT 
AGENCIES.—Foreign currencies described in subsection 
(b) that are in excess of the amounts described in para-
graph (1) of that subsection may be sold by the Secretary 
of the Treasury to agencies of the United States Govern-
ment for payment of their obligations outside the United 
States. 
(d) USE OF FOREIGN CURRENCIES NOT OWNED BY 
THE UNITED STATES GOVERNMENT.—With the concur-
rence of the relevant inspector general, the use of foreign 
currencies that accrue or are otherwise available as a re-
sult of assistance provided under this Act (including pred-
ecessor Acts) that are not owned by the United States 
Government, shall be the responsibility of the government 
owning such currencies to audit. 
SEC. 11603. ACCOUNTING AND VALUATION OF FOREIGN 
CURRENCIES. 
(a) RESPONSIBILITY OF SECRETARY OF THE TREAS-
URY.—Under the direction of the President, the Secretary 
of the Treasury shall have responsibility for valuation and 
central accounting with respect to foreign credits (includ-
ing currencies) owed to or owned by the United States. 
In order to carry out such responsibility, the Secretary 
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825 
shall issue regulations binding upon all agencies of the 
United States Government. 
(b) SOLE AUTHORITY.—The Secretary of the Treas-
ury shall have sole authority to establish for all foreign 
currencies or credits the exchange rates at which such cur-
rencies are to be reported by all agencies of the Govern-
ment. 
Subtitle C—Human Resources 
CHAPTER 1—PERSONNEL AND BENEFITS 
SEC. 11701. EMPLOYMENT OF PERSONNEL. 
(a) AUTHORITY.—Any Federal agency or Federal of-
ficer carrying out functions under this Act is authorized 
to employ such Federal personnel as the President deems 
necessary to carry out the provisions and purposes of this 
Act. 
(b) ASSISTANCE
FUNCTIONS
IN
THE
UNITED 
STATES.— 
(1) APPOINTMENTS
AND
REMOVAL
WITHOUT 
REGARD
TO
CERTAIN
CIVIL
SERVICE
LAWS.—Not 
more than 110 employees of the United States 
Agency for International Development in the United 
States may be appointed or removed without regard 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
may be compensated without regard to the provi-
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sions of chapter 51 or subchapter III of chapter 53 
of such title, subject to paragraph (2) of this sub-
section. 
(2) COMPENSATION.—Of the employees ap-
pointed under paragraph (1), 51 may be com-
pensated at rates higher than those payable for GS– 
15 of the General Schedule under section 5332 of 
title 5, United States Code, but not in excess of the 
highest rate payable under section 5376 of such 
title. 
(3) REINSTATEMENT
RIGHTS.—Under such 
regulations as the President may prescribe, any indi-
vidual employed under paragraph (1) may be enti-
tled, upon removal (except for cause) from the posi-
tion to which the appointment was made, to rein-
statement to the position occupied by that individual 
at the time of appointment or to a position of com-
parable grade and pay. 
(c) DEPARTMENT OF DEFENSE FUNCTIONS IN THE 
UNITED STATES.—Of the personnel employed in the 
United States by the Department of Defense to carry out 
this Act not to exceed 8 may be compensated at rates 
higher than those payable for GS–15 of the General 
Schedule under section 5332 of title 5, United States 
Code, but not in excess of the highest rate payable under 
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section 5376 of such title. Such positions shall be in addi-
tion to those authorized by law to be filled by Presidential 
appointment, and in addition to the number authorized 
by section 5108 of title 5, United States Code. 
(d) PERFORMANCE
OF FUNCTIONS OUTSIDE
THE 
UNITED STATES.— 
(1) AUTHORITY TO EMPLOY OR ASSIGN.—For 
the purpose of performing functions under this Act 
outside the United States, the President may— 
(A) employ or assign individuals; or 
(B) authorize the employment or assign-
ment of Federal employees that are not author-
ized to utilize the Foreign Service personnel 
system. 
(2) COMPENSATION.—Individuals employed or 
assigned under paragraph (1) shall receive com-
pensation at any of the rates provided for under sec-
tion 402 or section 403 of the Foreign Service Act 
of 1980, or under chapter 53 of title 5, United 
States Code, or at any other rate authorized by law, 
together with allowances and benefits under the For-
eign Service Act of 1980. 
(3) REEMPLOYMENT
RIGHTS.—Individuals so 
employed or assigned shall be entitled to the same 
benefits as are provided by section 310 of the For-
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828 
eign Service Act of 1980 for individuals appointed to 
the Foreign Service, except to the extent that the 
President may specify otherwise in cases in which 
the period of employment or assignment exceeds 30 
months. 
SEC. 11702. EXPERTS AND CONSULTANTS. 
(a) AUTHORITY TO EMPLOY.—Experts and consult-
ants or organizations thereof may, in accordance with sec-
tion 3109 of title 5, United States Code, be employed for 
the performance of functions under this Act. 
(b) RATES
OF COMPENSATION.—Individuals em-
ployed under the authority of subsection (a) may be com-
pensated at rates not in excess of the daily equivalent of 
the highest rate payable under section 5332 of title 5, 
United States Code, and while away from their homes or 
regular places of business, they may be paid actual travel 
expenses and per diem in lieu of subsistence at rates not 
in excess of those prescribed by the standardized Govern-
ment travel regulations. 
(c) MANDATORY RETIREMENT AGE NOT APPLICA-
BLE.—The service of an individual as an expert or consult-
ant under subsection (a) shall not be considered to be em-
ployment or holding of office or position for purposes of 
applying the provisions of section 3323(a) of title 5, 
United States Code, to the individual. 
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829 
(d) EMPLOYMENT OF CERTAIN PERSONS WITHOUT 
COMPENSATION.—Persons of outstanding experience and 
ability may be employed without compensation by any 
Federal agency for the performance of functions under 
this Act in accordance with the provisions of section 
710(b) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2160(b)), and regulations issued thereunder. 
SEC. 11703. PROHIBITION OF DISCRIMINATION AGAINST 
FEDERAL PERSONNEL. 
(a) ASSIGNMENT OF PERSONNEL.— 
(1) IN GENERAL.—The President shall not take 
into account, in assigning Federal personnel to carry 
out the provisions of this Act, the individual’s race, 
sex, religion, national origin, sexual orientation, or 
gender identity. Such assignments shall be made 
solely on the basis of ability and relevant experience. 
(2) PROHIBITION ON CONSIDERATION OF EX-
CLUSIONARY POLICIES OR PRACTICES.—No agency 
performing functions under this Act shall, in em-
ploying or assigning Federal personnel to participate 
in the performance of any such function, whether in 
the United States or abroad, take into account the 
exclusionary policies or practices of any foreign gov-
ernment where such policies or practices are based 
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830 
upon race, sex, religion, national origin, sexual ori-
entation or gender identity. 
(3) CONTRACTS.—Each contract entered into 
by any such agency for the performance of any func-
tion under this Act shall contain a provision to the 
effect that no person, partnership, corporation, or 
other entity performing functions pursuant to such 
contract, shall, in employing or assigning personnel 
to participate in the performance of any such func-
tion, whether in the United States or abroad, take 
into account the exclusionary policies or practices of 
any foreign government where such policies or prac-
tices are based upon race, sex, religion, national ori-
gin, sexual orientation, or gender identity. 
(b) EXCLUSION BY FOREIGN COUNTRIES.—Except 
as provided in subsection (c), no assistance may be pro-
vided under this Act to any government or organization 
that excludes, as a matter of law, regulation, policy or 
practice, any United States person (as defined in section 
7701(a)(30) of the Internal Revenue Code of 1986) from 
participating in the furnishing of assistance under this Act 
on the basis of sex, race, religion, national origin, sexual 
orientation or gender identity. 
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831 
(c) EXCEPTION.—The President may provide assist-
ance notwithstanding the prohibition in subsection (b) if 
the President— 
(1) determines that, notwithstanding such ex-
clusion,— 
(A) 
extraordinary 
circumstances 
exist 
which necessitate the provision of such assist-
ance; and 
(B) it is in the national interest of the 
United States to provide such assistance; and 
(2) transmits to the appropriate congressional 
committees, prior to providing such assistance, a re-
port detailing— 
(A) the facts and circumstances of such ex-
clusion; 
(B) the response thereto on the part of the 
United States Government or any agency or 
personnel thereof; 
(C) the result of such response, if any; 
(D) the extraordinary circumstances which 
necessitate the provision of such assistance; and 
(E) the nature and amount of the assist-
ance to be provided notwithstanding such exclu-
sion. 
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832 
SEC. 11704. FOREIGN SERVICE LIMITED APPOINTMENTS. 
(a) AUTHORITY TO HIRE AND EMPLOY.—The Ad-
ministrator is authorized to hire and employ up to 200 
individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 
308 and 309 of the Foreign Service Act of 1980. 
(b) CONDITIONS.—The authority of subsection (a) 
may only be used to the extent that an equivalent number 
of positions that are filled by personal services contractors 
or other nondirect hire personnel of the United States 
Agency for International Development are eliminated. 
(c) PRIORITY SECTORS.—In exercising the authority 
of this section, primary emphasis shall be placed on ena-
bling the United States Agency for International Develop-
ment to meet personnel needs in technical skill areas cur-
rently encumbered by personal services contractors or 
other non-direct hire personnel. 
(d) EXTENSIONS.—Individuals hired and employed 
by the United States Agency for International Develop-
ment pursuant to the authority of section 309 of the For-
eign Service Act of 1980 may be extended for a period 
of up to 4 years notwithstanding the limitation set forth 
in such section. 
SEC. 11705. TECHNICAL ADVISORS. 
The Administrator is authorized to use funds made 
available to carry out title I to reimburse Federal agencies, 
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834 
Development and subject to the limitations of section 
11301, except that the Administrator may use funds made 
available to carry out title II of the Agricultural Trade 
Development and Assistance Act of 1954 for personal 
services contractors assigned to the Office of Food for 
Peace. 
(d) NOT REGARDED AS FEDERAL EMPLOYEES.—In-
dividuals hired under the authority of this section shall 
not be regarded as Federal employees for the purpose of 
any law administered by the Office of Personnel Manage-
ment. 
SEC. 11707. PERSONAL SERVICES CONTRACTORS FOR THE 
DEPARTMENT OF STATE. 
(a) IN GENERAL.—In addition to other authorities 
that may be available, the Secretary of State may establish 
a pilot program (in this section referred to as the ‘‘pro-
gram’’) for the purpose of hiring United States citizens 
or aliens as personal services contractors, for service in 
the United States, or for service both in the United States 
and abroad, to respond to new or emerging needs or to 
augment current services. 
(b) CONDITIONS.—The Secretary is authorized to use 
the authority of subsection (a), subject to the following 
conditions: 
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(1) The Secretary determines that existing per-
sonnel resources are insufficient. 
(2) The contract length, including options, may 
not exceed 2 years, unless the Secretary makes a 
finding that exceptional circumstances justify an ex-
tension of up to one additional year. 
(3) Not more than a total of 200 United States 
citizens or aliens are employed at any one time as 
personal services contractors under this section. 
(4) This authority may only be used to obtain 
specialized skills or experience or to respond to ur-
gent needs. 
(c) STATUS
OF
PERSONAL
SERVICE
CONTRAC-
TORS.— 
(1) IN GENERAL.—An individual hired as a per-
sonal service contractor pursuant to this section 
shall not, by virtue of such hiring, be considered to 
be an employee of the United States Government for 
purposes of any law administered by the Office of 
Personnel Management. 
(2) APPLICABLE LAWS.—An individual hired as 
a personal service contractor pursuant to this section 
shall be covered, in the same manner as a similarly 
situated employee, by— 
(A) the Ethics in Government Act of 1978; 
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836 
(B) chapter 21 of title 41, United States 
Code; and 
(C) chapter 73 of title 5, sections 201, 
203, 205, 207, 208, and 209 of title 18, and 
section 1346 and chapter 171 of title 28, 
United States Code. 
(3) EXCEPTION.—This subsection shall not af-
fect the determination as to whether an individual 
hired as a personal service contractor pursuant to 
this section is an employee of the United States Gov-
ernment for purposes of any Federal law not speci-
fied in paragraphs (1) and (2). 
(d) TERMINATION OF AUTHORITY.—The authority to 
award personal services contracts under the program au-
thorized by this section shall terminate on September 30, 
2014. A contract entered into prior to the termination 
date under this subsection may remain in effect until expi-
ration. 
SEC. 11708. HIRING AUTHORITY OF INSPECTOR GENERAL 
OF THE UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT. 
(a) IN GENERAL.—Subject to the requirements and 
limitations of this section, the Inspector General of the 
United States Agency for International Development is 
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837 
authorized to employ personal services contractors outside 
the United States. 
(b) NUMBER.—The number of contractors hired 
under the authority of subsection (a) may not exceed 5 
percent of the total authorized workforce of the Office of 
the Inspector General. 
(c) CONTRACT LENGTH.—A contractor hired under 
the authority of subsection (a) shall have a contract period 
of not longer than 2 years, unless the Inspector General 
determines, on a case-by-case basis, that exceptional cir-
cumstances justify the extension of a contract for up to 
1 additional year. 
(d) CERTIFICATION.—The authority provided in sub-
section (a) may be exercised only if the Inspector General 
determines that it is impractical to recruit a sufficient 
number of direct-hire employees to perform necessary 
overseas work, and reports such determination to the ap-
propriate congressional committees, along with the rea-
sons such recruitment is impractical. 
(e) STATUS OF EMPLOYMENT.—Individuals employed 
under the authority of this section shall not be considered 
Federal employees for purposes of the Foreign Service Act 
of 1980 or any law administered by the Office of Per-
sonnel Management. 
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838 
SEC. 11709. PUBLIC AVAILABILITY OF CONSULTING CON-
TRACTS. 
Any contract for consulting services issued with funds 
made available under this Act shall be a matter of public 
record and subject to public inspection, unless otherwise 
specifically provided under law. 
SEC. 11710. SENIOR FOREIGN SERVICE REQUIREMENT. 
Section 305 of the Foreign Service Act of 1980 (22 
U.S.C. 3945) is amended by adding at the end the fol-
lowing: 
‘‘(e) REQUIREMENT.—Beginning 3 years from the 
date of enactment of this subsection, a Foreign Service 
Officer may not be promoted into the Senior Foreign Serv-
ice of the Department of State or the United States Agen-
cy for International Development without having served 
at least one domestic rotation in a bureau or office that 
does not have a regional jurisdiction.’’. 
SEC. 11711. PAY PARITY FOR CRIMINAL INVESTIGATORS. 
Section 5541(2)(C)(xiv) of title 5, United State Code, 
is amended to read as follows: 
‘‘(xiv) a Foreign Service officer, ex-
cept that a Foreign Service officer serving 
as a criminal investigator in the Office of 
the Inspector General of the United States 
Agency 
for 
International 
Development 
shall be eligible for and receive availability 
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842 
be used for reimbursement of appropriations or di-
rect expenditure subject to the provisions of this 
Act. Any unexpended balance of such account shall 
be returned to the foreign government or inter-
national organization. 
(4) Subject to the receipt by the United States 
Government of a credit to be applied against the 
payment by the United States Government of its 
share of the expenses of the international organiza-
tion to which the Federal employee is detailed, such 
credit to be based upon the compensation, travel ex-
penses, benefits and allowances, or any part thereof, 
payable to such employee during the period of detail 
in accordance with subsection (c). 
SEC. 11802. DETAILS TO UNITED STATES GOVERNMENT 
AGENCIES. 
(a) AUTHORITY TO DETAIL.—The head of any Fed-
eral agency is authorized to detail Federal employees of 
that agency (hereinafter known as the ‘‘detailing agency’’) 
to any office or position in any other Federal agency (here-
inafter known as the ‘‘receiving agency’’), for the purposes 
set out in subsection (b). 
(b) PURPOSES
OF DETAIL.—A detail under sub-
section (a) is authorized for the purposes of— 
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843 
(1) improving cooperation and collaboration be-
tween the detailing agency and receiving agency, 
(2) rendering any technical, scientific, or pro-
fessional advice or service to the receiving agency, or 
(3) providing training and professional develop-
ment to employees of the detailing agency, 
when such detail is consistent with and in furtherance of 
the purposes of this Act. 
(c) CONGRESSIONAL DETAIL.—The Secretary and 
the Administrator are each authorized to detail up to 5 
employees of the Department of State and the United 
States Agency for International Development, respectively, 
each fiscal year to individual members and committees of 
Congress, notwithstanding the requirement for reimburse-
ment in subsection (d). Such detailees shall be known as 
‘‘Congressional Fellows’’. 
(d) REQUIREMENT FOR REIMBURSEMENT.—The re-
ceiving agency shall reimburse the detailing agency for the 
salary and allowances of each Federal employee for the 
period of the detail, unless— 
(1) the detail is for a period of less than two 
years; 
(2) a substantially equivalent number of Fed-
eral employees are detailed to and from each agency 
in a fiscal year; or 
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(3) not more than 15 Federal employees are de-
tailed from a single agency in a fiscal year. 
(e) PERSONNEL LIMITATIONS.—Personnel detailed 
under this section shall not be counted for purposes of 
any limitation established by the Office of Management 
and Budget on the maximum number of personnel allow-
able for the detailing agency. 
(f) WAIVER.—The Secretary and the Administrator 
are authorized to waive the requirement for reimburse-
ment in subsection (d) for the detail of an employee of 
the Department of State or the Agency, respectively, for 
a period of up to 5 years if the receiving agency is the 
National Security Council. 
(g) DETAIL DEFINED.—In this section, the term ‘‘de-
tail’’ means to detail, assign, or otherwise make available 
an employee to another agency, office, or organization. 
SEC. 11803. SCIENCE AND TECHNOLOGY FELLOWSHIP PRO-
GRAMS. 
Section 504 of the Foreign Relations Authorization 
Act, Fiscal Year 1979 (22 U.S.C. 2656d) is amended by 
adding at the end the following: 
‘‘(e)(1) The Secretary is authorized to make grants 
or enter into cooperative agreements related to Depart-
ment of State science and technology fellowship programs, 
including for assistance in recruiting fellows and the pay-
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ment of stipends, travel, and other appropriate expenses 
to fellows. 
‘‘(2) Payment of stipends under the authority of 
paragraph (1) shall not be considered to be compensation 
for purposes of section 209 of title 18, United States 
Code. 
‘‘(3) The total amount of grants made under the au-
thority of paragraph (1) may not exceed $1,000,000 in 
any fiscal year.’’. 
SEC. 11804. FOREIGN RELATIONS EXCHANGE PROGRAMS. 
(a) IN GENERAL.—The Secretary may establish ex-
change programs under which employees of the Depart-
ment of State, including individuals appointed under title 
5, United States Code, and members of the Foreign Serv-
ice, may be assigned, for a period not to exceed 1 year, 
to a position with any foreign government or international 
entity that permits an employee of the foreign government 
or international entity, as the case may be, to be assigned 
to a position with the Department of State. 
(b) DEPARTMENT OF STATE EMPLOYEES.—During 
a period in which an employee of the Department of State 
is participating in an exchange program authorized under 
subsection (a), such employee shall, for the purposes of 
receiving salary and benefits, be treated as an employee 
detailed under section 11801. 
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(c) FOREIGN EMPLOYEES.—The salary and benefits 
of an employee of a foreign government or international 
entity participating in a program established under this 
section shall be paid by such government or entity during 
the period in which such employee is participating in the 
program, and shall not be reimbursed by the Department 
of State. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize the appointment as 
a Federal employee of— 
(1) an individual whose allegiance is to any 
country, government, or foreign or international en-
tity other than the United States; or 
(2) an individual who has not met the require-
ments of sections 3331, 3332, 3333, and 7311 of 
title 5, United States Code, or any other provision 
of law concerning eligibility for appointment, and 
continuation of employment, as a Federal employee. 
SEC. 11805. GUIDELINES FOR ROTATIONAL ASSIGNMENTS. 
(a) CAREER GUIDELINES.—The Administrator shall 
establish career guidelines for Foreign Service officers and 
civil service officers that incorporate interagency, intergov-
ernmental, or international organization rotational assign-
ments. The guidelines established under this subsection 
shall include— 
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(1) selection; 
(2) professional education and training; 
(3) types of relevant interagency, intergovern-
mental, and international organization assignments; 
and 
(4) such other matters as the Administrator 
considers appropriate. 
(b) PROMOTIONS TO SENIOR RANKS.—Not later than 
2 years after the date of the enactment of this Act, the 
Administrator shall establish additional guidelines that 
consider participation by relevant employees in at least 1 
interagency, intergovernmental, or international organiza-
tional rotational assignment of at least 6 months as a fac-
tor for promotion into the ranks of the Senior Foreign 
Service or Senior Executive Service. 
(c) PROMOTION
PRECEPTS.—The Administrator 
shall ensure that promotion precepts and promotion pan-
els do not penalize employees who have been assigned to 
interagency, intergovernmental, or international organiza-
tions. 
CHAPTER 3—TRAINING AND 
PROFESSIONAL DEVELOPMENT 
SEC. 11901. TRAINING OF FEDERAL PERSONNEL. 
(a) AUTHORITY TO CONDUCT TRAINING.—The head 
of each Federal agency carrying out activities under this 
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Act is authorized to use funds made available under this 
Act to pay the costs, in accordance with subsection (b), 
of providing training for Federal personnel, through inter-
change or otherwise, at any State or local unit of govern-
ment, public or private nonprofit institution, trade, labor, 
agricultural, or scientific association or organization, or 
commercial firm. 
(b) PAYMENT OF COSTS.—Training costs shall be 
paid— 
(1) from funds made available to the employing 
agency; 
(2) for individuals performing functions within 
the United States, from funds available for adminis-
trative expenses; and 
(3) for individuals performing functions outside 
the United States, from funds available for the pro-
gram, project, or activity being carried out by such 
individual. 
(c) LIMITATION ON DUAL EMPLOYMENT.—Training 
under this section shall not be considered employment or 
holding of office under section 5533 of title 5, United 
States Code. 
(d) ACCEPTANCE
OF CERTAIN PAYMENTS.—Any 
payments or contributions in connection with training 
under this section may, as deemed appropriate by the head 
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849 
of the Federal agency authorizing such training, be made 
by private or public sources and be accepted by any train-
ee, or may be accepted by and credited to the current ap-
plicable appropriation of such agency. Any such payments 
or contributions shall be in lieu, or in reduction, of com-
pensation received from the United States Government. 
SEC. 11902. CAREER DEVELOPMENT. 
(a) COMPREHENSIVE PROGRAM.—The Secretary and 
the Administrator shall implement and maintain a com-
prehensive career-long program of professional training 
for the personnel of the Department of State and the 
United States Agency for International Development, re-
spectively. 
(b) PARTICIPATION LEVELS.—The Secretary and the 
Administrator shall ensure that in each fiscal year not less 
than 10 percent of personnel of the Department of State 
and the United States Agency for International Develop-
ment receive professional training or participate in details, 
exchanges, fellowships, scholarships or other opportunities 
for professional development. 
(c) INSTITUTION FOR TRAINING.—Section 701(b) of 
the Foreign Service Act of 1980 (22 U.S.C. 4021(b)) is 
amended to read as follows: 
‘‘(b)(1) The Secretary of State shall ensure that 
training offered by the institution— 
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‘‘(A) meets the training needs of all foreign af-
fairs agencies; 
‘‘(B) is made available on an equal basis to per-
sonnel of all foreign affairs agencies, including ac-
cess to child care facilities, travel, per diem, and re-
imbursements; 
‘‘(C) is responsive to requests by the heads of 
other agencies for the development and implementa-
tion of specialized training courses; and 
‘‘(D) is evaluated regularly for cost-effective-
ness and for results. 
‘‘(2) Other agencies shall avoid duplicating the facili-
ties and training provided by the Secretary of State 
through the institution and otherwise.’’. 
(d) 
TRAINING
SUPPORT
SERVICES.—Section 
704(a)(4)(B) of the Foreign Service Act of 1980 (22 
U.S.C. 4024(a)(4)(B)) is amended by striking ‘‘language 
instructors, linguists, and other academic and training 
specialists’’ and inserting ‘‘education and training special-
ists, including language instructors and linguists, and 
other specialists who perform work directly relating to the 
design, delivery, oversight, or coordination of training de-
livered by the institution’’. 
(e) REQUIREMENTS
FOR PROMOTION.—The Sec-
retary and the Administrator shall each establish a set of 
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851 
mandatory training requirements for promotion into the 
Senior Foreign Service. 
(f) EVALUATION
OF EFFECTIVENESS.—The Sec-
retary and the Administrator shall evaluate the effective-
ness of all training and professional development pro-
grams for the personnel of the Department of State and 
the United States Agency for International Development, 
respectively, not later than 2 years after the date of the 
enactment of this Act, and not less than once every 5 years 
after thereafter. The results of such evaluations shall be 
made publicly available on the Internet. 
SEC. 11903. LANGUAGE SKILLS DEVELOPMENT. 
(a) DEVELOPMENT OF SYSTEM.—The Secretary and 
the Administrator shall develop a system for increasing 
the number and percentage of Foreign Service Officers at 
the Department of State and the United States Agency 
for International Development, respectively, who are pro-
ficient in the official language of the country of assign-
ment. 
(b) ELEMENTS OF SYSTEM.—Such system shall in-
clude— 
(1) methods for identifying emerging areas of 
foreign language shortfalls and projected language 
needs; 
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(2) designation of Foreign Service positions for 
which a minimum level of certified language pro-
ficiency is required, to be known as ‘‘language des-
ignated positions’’; 
(3) designation of languages for which there is 
a critical unmet need, to be known as ‘‘critical lan-
guages’’; 
(4) development of policies and procedures re-
lating to assignments, length of rotations, recruit-
ment, retention, training, and promotion to— 
(A) ensure that there are a sufficient num-
ber of Foreign Service officers able and avail-
able to fill language designated positions; and 
(B) remedy shortfalls in critical languages; 
(5) establishment of clear and measurable per-
formance goals and objectives; and 
(6) requirements for monitoring and evaluation 
of progress. 
(c) TRANSMISSION TO CONGRESS.—The Secretary 
and the Administrator shall transmit to the appropriate 
congressional committees, not later than 1 year after the 
date of the enactment of this Act, a report on the system 
developed under subsection (a) and a plan for its imple-
mentation, including any budgetary implications. 
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853 
(d) IMPLEMENTATION REPORTS.—One year after the 
date on which the report is transmitted pursuant to sub-
section (c), and each of the next 2 years thereafter, the 
Secretary and the Administrator shall transmit to the ap-
propriate congressional committees a report on the status 
of implementation of the system developed under sub-
section (a). 
(e) REPEAL OF DUPLICATIVE REPORT.—Section 702 
of the Foreign Service Act of 1980 (22 U.S.C. 4022) is 
amended by striking subsection (c). 
(f) AVAILABILITY OF FUNDS.—Notwithstanding sec-
tion 11302, amounts made available to the Agency to 
carry out this section shall not be considered to be oper-
ating expenses. 
TITLE XII—AMENDMENTS AND 
REPEALS 
Subtitle A—Amendments 
SEC. 12101. AMENDMENTS RELATING TO ASSISTANCE TO 
COMBAT HIV/AIDS, TUBERCULOSIS, AND MA-
LARIA. 
(a) ASSISTANCE TO COMBAT HIV/AIDS.—Subtitle A 
of title III of the United States Leadership Against HIV/ 
AIDS, Tuberculosis and Malaria Act of 2003 (22 U.S.C. 
7631 et seq.) is amended— 
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(1) by redesignating section 301 as section 
301A; 
(2) in the heading of section 301A (as redesig-
nated), by inserting ‘‘OTHER PROVISIONS RELAT-
ING TO’’ before ‘‘ASSISTANCE’’; and 
(3) by inserting before section 301A (as redes-
ignated) the following new section: 
‘‘SEC. 301. ASSISTANCE TO COMBAT HIV/AIDS. 
‘‘(a) FINDING.—Congress recognizes that the alarm-
ing spread of HIV/AIDS in countries in sub-Saharan Afri-
ca, 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 program of the United States 
to provide assistance for the prevention and treat-
ment of HIV/AIDS and the care of those affected by 
the disease. It is the policy objective of the United 
States, by 2013, to— 
‘‘(A) assist partner countries to— 
‘‘(i) prevent 12,000,000 new HIV in-
fections worldwide; 
‘‘(ii) support— 
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‘‘(I) the increase in the number 
of individuals with HIV/AIDS receiv-
ing antiretroviral treatment above the 
goal 
established 
under 
section 
402(a)(3) and increased pursuant to 
paragraphs (1) through (3) of section 
403(d); and 
‘‘(II) 
additional 
treatment 
through coordinated multilateral ef-
forts; 
‘‘(iii) support care for 12,000,000 in-
dividuals infected with or affected by HIV/ 
AIDS, including 5,000,000 orphans and 
vulnerable children affected by HIV/AIDS, 
with an emphasis on promoting a com-
prehensive, 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 coun-
seling, testing, and treatment to prevent 
the transmission of HIV from mother-to- 
child; 
‘‘(v) provide care and treatment serv-
ices to children with HIV in proportion to 
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856 
their percentage within the HIV-infected 
population of a given partner country; and 
‘‘(vi) train and support retention of 
health 
care 
professionals, 
paraprofes-
sionals, and community health workers in 
HIV/AIDS prevention, treatment, and 
care, with the target of providing such 
training to at least 140,000 new health 
care professionals and paraprofessionals 
with an emphasis on training and in coun-
try deployment of critically needed doctors 
and nurses; 
‘‘(B) strengthen the capacity to deliver pri-
mary health care in developing countries, espe-
cially 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 popu-
lation, as called for by the World Health Orga-
nization; and 
‘‘(D) help partner countries to develop 
independent, sustainable HIV/AIDS programs. 
‘‘(2) COORDINATED
GLOBAL
STRATEGY.—The 
United States and other countries with the sufficient 
capacity should provide assistance to countries in 
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sub-Saharan Africa, the Caribbean, Central Asia, 
Eastern Europe, and Latin America, and other 
countries 
and 
regions 
confronting 
HIV/AIDS 
epidemics in a coordinated global strategy to help 
address generalized and concentrated epidemics 
through HIV/AIDS prevention, treatment, care, 
monitoring and evaluation, and related activities. 
‘‘(3) PRIORITIES.—The United States Govern-
ment’s response to the global HIV/AIDS pandemic 
and the Government’s efforts to help countries as-
sume leadership of sustainable campaigns to combat 
their local epidemics should place high priority on— 
‘‘(A) the prevention of the transmission of 
HIV; 
‘‘(B) moving toward universal access to 
HIV/AIDS prevention counseling and services; 
‘‘(C) meaningful cost-sharing assurances 
by the partner country; and 
‘‘(D) the inclusion of transition strategies 
to ensure sustainability of such programs and 
activities, including health care systems, under 
other international donor support, or budget 
support by respective foreign governments. 
‘‘(c) AUTHORIZATION.— 
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858 
‘‘(1) IN
GENERAL.—Consistent with section 
1321 of the Global Partnerships Act of 2012, the 
President is authorized to furnish assistance, on 
such terms and conditions as the President may de-
termine, for HIV/AIDS, including to prevent, treat, 
and monitor HIV/AIDS, and carry out related ac-
tivities, in countries in sub-Saharan Africa, the Car-
ibbean, Central Asia, Eastern Europe, Latin Amer-
ica, 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. 
‘‘(2) ROLE OF NGOS.—It is the sense of Con-
gress that the President should provide an appro-
priate level of assistance under paragraph (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 
pandemic, particularly with respect to refugee popu-
lations or those in post-conflict settings in such 
countries and areas with significant or increasing 
HIV incidence rates. 
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859 
‘‘(3) 
COORDINATION
OF
ASSISTANCE
EF-
FORTS.—The President shall coordinate the provi-
sion of assistance under paragraph (1) with the pro-
vision of related assistance by the Joint United Na-
tions Programme on HIV/AIDS (UNAIDS), the 
United Nations Children’s Fund (UNICEF), the 
World Health Organization (WHO), the United Na-
tions Development Programme (UNDP), the Global 
Fund to Fight AIDS, Tuberculosis and Malaria and 
other appropriate international organizations (such 
as the International Bank for Reconstruction and 
Development), relevant regional multilateral develop-
ment institutions, national, state, and local govern-
ments of partner countries, other international ac-
tors, appropriate governmental and nongovernmental 
organizations, and relevant executive branch agen-
cies within the framework of the principles of the 
Three Ones. 
‘‘(d) ACTIVITIES SUPPORTED.—Assistance provided 
under subsection (c) shall, to the maximum extent prac-
ticable, be used to carry out the following activities: 
‘‘(1) PREVENTION.—Prevention of HIV/AIDS 
through activities including— 
‘‘(A) programs and efforts that are de-
signed or intended to impart knowledge with 
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860 
the exclusive purpose of helping individuals 
avoid behaviors that place them at risk of HIV 
infection, including integration of such pro-
grams into health programs and the inclusion 
in counseling programs of information on meth-
ods of avoiding infection of HIV, including de-
laying sexual debut, abstinence, fidelity and mo-
nogamy, reduction of casual sexual partnering 
and multiple concurrent sexual partnering, re-
ducing sexual violence and coercion, including 
child marriage, widow inheritance, and polyg-
amy, and where appropriate, use of male and 
female condoms; 
‘‘(B) assistance to establish and implement 
culturally appropriate HIV/AIDS education and 
prevention programs that are designed with 
local input and focus on helping individuals 
avoid infection of HIV/AIDS, implemented 
through nongovernmental organizations, includ-
ing faith-based and community-based organiza-
tions, particularly those locally based organiza-
tions that utilize both professionals and volun-
teers with appropriate skills, experience, and 
community presence; 
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861 
‘‘(C) assistance for the purpose of encour-
aging men to be responsible in their sexual be-
havior, child rearing, and to respect women; 
‘‘(D) assistance for the purpose of pro-
viding voluntary testing and counseling (includ-
ing the incorporation of confidentiality protec-
tions with respect to such testing and coun-
seling) and promoting the use of provider-initi-
ated or ‘opt-out’ voluntary testing in accordance 
with World Health Organization guidelines; 
‘‘(E) assistance for the purpose of pre-
venting mother-to-child transmission of the 
HIV 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 trans-
mission of HIV in countries in which the 
United States is implementing HIV/AIDS 
programs by 2013; and 
‘‘(ii) promote infant feeding options 
and treatment protocols that meet the 
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862 
most recent criteria established by the 
World Health Organization; 
‘‘(G) medical male circumcision programs 
as part of national strategies to combat the 
transmission of HIV/AIDS; 
‘‘(H) assistance to ensure a safe blood sup-
ply and sterile medical equipment; 
‘‘(I) assistance to help avoid substance 
abuse and intravenous drug use that can lead 
to HIV infection; 
‘‘(J) assistance for the purpose of increas-
ing women’s access to employment opportuni-
ties, income, productive resources, and micro-
finance programs, where appropriate; and 
‘‘(K) assistance for counseling, testing, 
treatment, care, and support programs, includ-
ing— 
‘‘(i) counseling and other services for 
the prevention of reinfection of individuals 
with HIV/AIDS; 
‘‘(ii) counseling to prevent sexual 
transmission of HIV, including— 
‘‘(I) life skills development for 
practicing abstinence and faithfulness; 
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863 
‘‘(II) reducing the number of sex-
ual partners; 
‘‘(III) delaying sexual debut; and 
‘‘(IV) ensuring correct and con-
sistent use of condoms; 
‘‘(iii) assistance to engage underlying 
vulnerabilities to HIV/AIDS, especially 
those of women and girls; 
‘‘(iv) assistance for appropriate HIV/ 
AIDS education programs and training 
targeted to prevent the transmission of 
HIV 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 
prevention efforts; and 
‘‘(viii) assistance to facilitate wide-
spread access to microbicides for HIV pre-
vention, if safe and effective products be-
come available, including financial and 
technical support for culturally appropriate 
introductory programs, procurement, dis-
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864 
tribution, logistics management, program 
delivery, acceptability studies, provider 
training, 
demand 
generation, 
and 
postintroduction monitoring. 
‘‘(2) TREATMENT.—The treatment and care of 
individuals with HIV/AIDS, including— 
‘‘(A) assistance to establish and implement 
programs to strengthen and broaden indigenous 
health care delivery systems and the capacity of 
such systems to deliver HIV/AIDS pharma-
ceuticals and otherwise provide for the treat-
ment of individuals with HIV/AIDS, including 
clinical training for indigenous organizations 
and health care providers; 
‘‘(B) assistance to strengthen and expand 
hospice and palliative care programs to assist 
patients debilitated by HIV/AIDS, their fami-
lies, and the primary caregivers of such pa-
tients, including programs that utilize faith- 
based and community-based organizations; 
‘‘(C) assistance for the purpose of the care 
and treatment of individuals with HIV/AIDS 
through the provision of pharmaceuticals, in-
cluding antiretrovirals and other pharma-
ceuticals and therapies for the treatment of op-
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portunistic infections, pain management, nutri-
tional support, and other treatment modalities; 
‘‘(D) as part of care and treatment of 
HIV/AIDS, assistance (including prophylaxis 
and treatment) for common HIV/AIDS-related 
opportunistic infections for free or at a rate at 
which it is easily affordable to the individuals 
and populations being served; and 
‘‘(E) as part of care and treatment of 
HIV/AIDS, assistance or referral to available 
and adequately resourced service providers for 
nutritional support, including counseling and 
where necessary the provision of commodities, 
for persons meeting malnourishment criteria 
and their families. 
‘‘(3) 
PREVENTATIVE
INTERVENTION
EDU-
CATION AND TECHNOLOGIES.—(A) With particular 
emphasis on specific populations that represent a 
particularly high risk of contracting or spreading 
HIV/AIDS, including those exploited through the 
sex trade, victims of rape and sexual assault, indi-
viduals already infected with HIV/AIDS, and in 
cases of occupational exposure of health care work-
ers, assistance with efforts to reduce the risk of 
HIV/AIDS infection including post-exposure phar-
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866 
maceutical prophylaxis, and necessary pharma-
ceuticals and commodities, 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 
transmission and for appropriate program support 
for the introduction and distribution of these com-
modities, as well as education and training on the 
use of the technologies. 
‘‘(4) MONITORING.—The monitoring of pro-
grams, projects, and activities carried out pursuant 
to paragraphs (1) through (3), including— 
‘‘(A) monitoring to ensure that adequate 
controls are established and implemented to 
provide HIV/AIDS pharmaceuticals and other 
appropriate medicines to poor individuals with 
HIV/AIDS; 
‘‘(B) appropriate evaluation and surveil-
lance activities; 
‘‘(C) monitoring to ensure that appropriate 
measures are being taken to maintain the sus-
tainability of HIV/AIDS pharmaceuticals (espe-
cially antiretrovirals) and ensure that drug re-
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867 
sistance is not compromising the benefits of 
such pharmaceuticals; 
‘‘(D) monitoring to ensure appropriate law 
enforcement officials are working to ensure that 
HIV/AIDS pharmaceuticals are not diminished 
through illegal counterfeiting or black market 
sales of such pharmaceuticals; 
‘‘(E) carrying out and expanding program 
monitoring, impact evaluation research and 
analysis, and operations research and dissemi-
nating data and findings through mechanisms 
to be developed by the Coordinator of United 
States Government Activities to Combat HIV/ 
AIDS Globally, in coordination with the Direc-
tor of the Centers for Disease Control, in order 
to— 
‘‘(i) improve accountability, increase 
transparency, and ensure the delivery of 
evidence-based services through the collec-
tion, evaluation, and analysis of data re-
garding gender-responsive interventions, 
disaggregated by age and sex; 
‘‘(ii) identify and replicate effective 
models; and 
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868 
‘‘(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; and 
‘‘(ii) evaluate the effectiveness of pre-
vention 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 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 pharmaceuticals, 
antiretroviral therapies, and other appropriate 
medicines are quality-controlled and sustainably 
supplied. 
‘‘(C) MECHANISM
TO
ENSURE
COST-EF-
FECTIVE DRUG PURCHASING.—Subject to sub-
paragraph (B), mechanisms to ensure that safe 
and 
effective 
pharmaceuticals, 
including 
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antiretrovirals and medicines to treat opportun-
istic infections, are purchased at the lowest pos-
sible 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 au-
thorized for use by— 
‘‘(i) the Food and Drug Administra-
tion; 
‘‘(ii) a stringent regulatory agency ac-
ceptable to the Secretary of Health and 
Human Services; or 
‘‘(iii) a quality assurance mechanism 
acceptable to the Secretary of Health and 
Human Services. 
‘‘(D) DISTRIBUTION.—The distribution of 
such 
HIV/AIDS 
pharmaceuticals, 
antiviral 
therapies, and other appropriate medicines (in-
cluding medicines to treat opportunistic infec-
tions) to qualified national, regional, or local or-
ganizations for the treatment of individuals 
with HIV/AIDS in accordance with appropriate 
HIV/AIDS testing and monitoring requirements 
and treatment protocols and for the prevention 
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of mother-to-child transmission of the HIV in-
fection. 
‘‘(6) RELATED
AND
COORDINATED
ACTIVI-
TIES.—The conduct of related activities, including— 
‘‘(A) the care and support of children who 
are orphaned by the HIV/AIDS pandemic, in-
cluding services designed to care for orphaned 
children in a family environment which rely on 
extended family members; 
‘‘(B) improved infrastructure and institu-
tional capacity to develop and manage edu-
cation, prevention, and treatment programs, in-
cluding training and the resources to collect 
and maintain accurate HIV surveillance data to 
target programs and measure the effectiveness 
of interventions; 
‘‘(C) vaccine research and development 
partnership programs with specific plans of ac-
tion to develop a safe, effective, accessible, pre-
ventive HIV vaccine for use throughout the 
world; 
‘‘(D) coordinated or referred activities to— 
‘‘(i) enhance the clinical impact of 
HIV/AIDS care and treatment; and 
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‘‘(ii) ameliorate the adverse social and 
economic costs often affecting AIDS-im-
pacted families 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 activi-
ties and livelihood initiatives; 
‘‘(V) maternal and child health 
care; 
‘‘(VI) primary health care; 
‘‘(VII) the diagnosis and treat-
ment 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 addressing HIV/AIDS with pro-
grams addressing gender-based violence in 
areas of significant HIV prevalence to assist 
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countries in the development and enforcement 
of women’s health, children’s health, and HIV/ 
AIDS 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 programming; 
‘‘(iii) promote appropriate HIV/AIDS 
counseling, testing, and treatment into 
gender-based violence programs; and 
‘‘(iv) assist governments to develop 
partnerships with civil society organiza-
tions to create networks for psychosocial, 
legal, economic, or other support services; 
‘‘(F) coordinated or referred activities to— 
‘‘(i) address the frequent coinfection 
of HIV and tuberculosis, in accordance 
with World Health Organization guide-
lines; 
‘‘(ii) promote provider-initiated or 
‘opt-out’ HIV/AIDS counseling and testing 
and appropriate referral for treatment and 
care to individuals with tuberculosis or its 
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symptoms, particularly in areas with sig-
nificant HIV prevalence; and 
‘‘(iii) strengthen programs to ensure 
that individuals testing positive for HIV 
receive tuberculosis screening and to im-
prove laboratory capacities, infection con-
trol, and adherence; and 
‘‘(G) activities to— 
‘‘(i) improve the effectiveness of na-
tional responses to HIV/AIDS; 
‘‘(ii) strengthen overall health systems 
in high-prevalence countries, including sup-
port for workforce training, retention, and 
effective deployment, capacity building, 
laboratory development, equipment mainte-
nance and repair, and public health and 
related public financial management sys-
tems and operations; 
‘‘(iii) encourage fair and transparent 
procurement 
practices 
among 
partner 
countries; and 
‘‘(iv) promote in-country or intra-re-
gional pediatric training for physicians and 
other 
health 
professionals, 
preferably 
through public-private partnerships involv-
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ing colleges and universities, with the goal 
of increasing pediatric HIV workforce ca-
pacity. 
‘‘(7) COMPREHENSIVE
HIV/AIDS
PUBLIC-PRI-
VATE PARTNERSHIPS.—The establishment and oper-
ation of public-private partnership entities within 
countries in sub-Saharan Africa, the Caribbean, and 
other countries affected by the HIV/AIDS pandemic 
that are dedicated to supporting the national strat-
egy of such countries regarding the prevention, 
treatment, and monitoring of HIV/AIDS. Each such 
public-private partnership should— 
‘‘(A) support the development, implementa-
tion, and management of comprehensive HIV/ 
AIDS plans in support of the national HIV/ 
AIDS strategy; 
‘‘(B) operate at all times in a manner that 
emphasizes efficiency, accountability, and re-
sults-driven programs; 
‘‘(C) engage both local and foreign devel-
opment partners and donors, including busi-
nesses, government agencies, academic institu-
tions, nongovernmental organizations, founda-
tions, multilateral development agencies, and 
faith-based organizations, to assist the country 
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in coordinating and implementing HIV/AIDS 
prevention, treatment, and monitoring pro-
grams in accordance with its national HIV/ 
AIDS strategy; 
‘‘(D) provide technical assistance, consult-
ant services, financial planning, monitoring and 
evaluation, and research in support of the na-
tional HIV/AIDS strategy; and 
‘‘(E) establish local human resource capac-
ities for the national HIV/AIDS strategy 
through the transfer of medical, managerial, 
leadership, and technical skills. 
‘‘(8) COMPACTS
AND
FRAMEWORK
AGREE-
MENTS.—The development of compacts or frame-
work agreements, tailored to local circumstances, 
with national governments or regional partnerships 
in countries with significant HIV/AIDS burdens to 
promote host government commitment to deeper in-
tegration of HIV/AIDS services into health systems, 
contribute to health systems overall, and enhance 
sustainability, including— 
‘‘(A) meaningful cost-sharing assurances 
by the partner country; and 
‘‘(B) transition strategies to ensure sus-
tainability of such programs and activities, in-
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cluding health care systems, under other inter-
national donor support, or budget support by 
respective foreign governments. 
‘‘(e) COMPACTS AND FRAMEWORK AGREEMENTS.— 
‘‘(1) FINDINGS.—Congress makes the following 
findings: 
‘‘(A) The congressionally mandated Insti-
tute of Medicine report entitled ‘PEPFAR Im-
plementation: Progress and Promise’ states: 
‘The next strategy [of the U.S. Global AIDS 
Initiative] should squarely address the needs 
and challenges involved in supporting sustain-
able country HIV/AIDS programs, thereby 
transitioning from a focus on emergency relief.’. 
‘‘(B) One mechanism to promote the tran-
sition from an emergency to a public health and 
development approach to HIV/AIDS is through 
compacts or framework agreements between the 
United States Government and each partici-
pating nation. 
‘‘(2) ELEMENTS.—Compacts on HIV/AIDS au-
thorized under subsection (d)(8) shall include the 
following elements: 
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‘‘(B) Compacts 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 Agency for International 
Development or Department of Health and 
Human Services presence or regional plat-
form; 
‘‘(ii) shall require significant invest-
ments in HIV prevention, care, and treat-
ment services by the host country; 
‘‘(iii) shall be time-limited in terms of 
United States contributions; and 
‘‘(iv) shall be made only upon prior 
notification to Congress— 
‘‘(I) justifying the need for such 
compacts; 
‘‘(II) describing the expected in-
vestment by the country or regional 
entity; and 
‘‘(III) describing the scope, na-
ture, expected total United States in-
vestment, and time frame of the lim-
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879 
ited technical assistance under the 
compact and its intended impact. 
‘‘(C) Compacts shall include provisions 
to— 
‘‘(i) promote local and national efforts 
to reduce stigma associated with HIV/ 
AIDS; and 
‘‘(ii) work with and promote the role 
of civil society in combating HIV/AIDS. 
‘‘(D) Compacts shall take into account the 
overall national health and development and na-
tional HIV/AIDS and public health strategies of 
each country. 
‘‘(E) Compacts shall contain— 
‘‘(i) consideration of the specific ob-
jectives that the country and the United 
States expect to achieve during the term of 
a compact; 
‘‘(ii) consideration of the respective 
responsibilities of the country and the 
United States in the achievement of such 
objectives; 
‘‘(iii) consideration of regular bench-
marks to measure progress toward achiev-
ing such objectives; 
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‘‘(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 is intended to— 
‘‘(I) address the factors that put 
women and girls at greater risk of 
HIV/AIDS; and 
‘‘(II) strengthen elements such as 
the economic, educational, and social 
status of women, girls, orphans, and 
vulnerable children and the inherit-
ance rights and safety of such individ-
uals; 
‘‘(vi) consideration of the methods by 
which the compact will— 
‘‘(I) strengthen the health care 
capacity, including factors such as the 
training, retention, deployment, re-
cruitment, and utilization of health 
care workers; 
‘‘(II) improve supply chain man-
agement; and 
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‘‘(III) improve the health systems 
and infrastructure of the partner 
country, including the ability of com-
pact participants to maintain and op-
erate equipment transferred or pur-
chased as part of the compact; 
‘‘(vii) consideration of proposed mech-
anisms to provide oversight; 
‘‘(viii) consideration of the role of civil 
society in the development of a compact 
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 ap-
propriate; and 
‘‘(x) consideration of a plan to ensure 
appropriate fiscal accountability for the 
use of assistance. 
‘‘(F) For regional compacts, priority shall 
be given to countries that are included in re-
gional funds and programs in existence as of 
the date of the enactment of the Tom Lantos 
and Henry J. Hyde United States Global Lead-
ership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008. 
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‘‘(G) Amounts made available for compacts 
described in subparagraphs (A) and (B) shall 
be subject to the inclusion of— 
‘‘(i) meaningful cost-sharing assur-
ances by the partner country; and 
‘‘(ii) transition strategies to ensure 
sustainability of such programs and activi-
ties, including health care systems, under 
other international donor support, and 
budget support by respective foreign gov-
ernments. 
‘‘(3) LOCAL INPUT.—In entering into a com-
pact on HIV/AIDS authorized under subsection 
(d)(8), the Coordinator of United States Govern-
ment Activities to Combat HIV/AIDS Globally shall 
seek to ensure that the government of a country— 
‘‘(A) takes into account the local perspec-
tives of the rural and urban poor, including 
women, in each country; and 
‘‘(B) consults with private and voluntary 
organizations, including faith-based organiza-
tions, the business community, and other do-
nors in the country. 
‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA-
TION AFTER ENTERING INTO A COMPACT.—Not later 
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than 10 days after entering into a compact author-
ized under subsection (d)(8), the Global AIDS Coor-
dinator shall— 
‘‘(A) submit a report containing a detailed 
summary of the compact and a copy of the text 
of the compact to— 
‘‘(i) the Committee on Foreign Rela-
tions of the Senate; 
‘‘(ii) the Committee on Appropriations 
of the Senate; 
‘‘(iii) the Committee on Foreign Af-
fairs of the House of Representatives; and 
‘‘(iv) the Committee on Appropria-
tions of the House of Representatives; and 
‘‘(B) publish such information in the Fed-
eral Register and on the Internet website of the 
Office of the Global AIDS Coordinator. 
‘‘(f) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than January 31 
of each year, the President shall submit to the Com-
mittee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Rep-
resentatives a report on the implementation of this 
section for the prior fiscal year. 
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