Legal Authorities

Legal Authorities PEPFAR (10-2012).docx

PEPFAR Program Expenditures

Legal Authorities

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STATUTORY PROVISIONS REGARDING DATA COLLECTION, INCLUDING PROGRAM COST INFORMATION, UNDER THE UNITED STATES LEADERSHIP AGAINST HIV/AIDS, TUBECULOSIS AND MALARIA ACT OF 2003, AS AMENDED


Public Law 108-25

http://www.gpo.gov/fdsys/pkg/PLAW-108publ25/pdf/PLAW-108publ25.pdf


Public Law 110-293

http://www.gpo.gov/fdsys/pkg/PLAW-110publ293/pdf/PLAW-110publ293.pdf



Definition of “Program Monitoring”


Section 3. Definitions.

In this Act:


(11) PROGRAM MONITORING- The term `program monitoring' means the collection, analysis, and use of routine program data to determine--

(A) how well a program is carried out; and

(B) how much the program costs.


Requirement for Program Monitoring as part of Five-Year Strategic Plan


Section 101. Development of a Comprehensive, Five-Year, Global Strategy.

(a) Strategy- The President shall establish a comprehensive, integrated, 5-year strategy to expand and improve efforts to combat global HIV/AIDS. This strategy shall--


(8) include a plan for program monitoring, operations research, and impact evaluation and for the dissemination of a best practices report to highlight findings.


Authorization for Program Monitoring


FAA Section 104A(d) Activities Supported.--Assistance provided [for HIV programs] shall, to the maximum extent practicable, be used to carry out the following activities--


(4) Monitoring.--The monitoring of programs, projects, and activities carried out pursuant to paragraphs (1) through (3), including—


(E) carrying out and expanding program monitoring, impact evaluation research and analysis, and operations research and disseminating 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 Director of the Centers for Disease Control, in order to—

(i) improve accountability, increase transparency, and ensure the delivery of evidence-based services through the collection, evaluation, and analysis of data regarding gender-responsive interventions, disaggregated by age and sex;

(ii) identify and replicate effective models; and

(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 prevention efforts among men who have sex with men, with due consideration to stigma and risks associated with disclosure.


Annual Report requirement


Section 104A(f) Annual Report.—

(1) In general.--Not later than January 31 of each year, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of this section for the prior fiscal year.


(2) Report elements.--Each report shall include—


(D) a detailed assessment of the impact of programs established pursuant to such sections, including—


(xi) a detailed description of program monitoring, operations research, and impact evaluation research, including—

(I) the amount of funding provided for each research type;

(II) an analysis of cost-effectiveness models; and

(III) conclusions regarding the efficiency, effectiveness, and quality of services as derived from previous or ongoing research and monitoring efforts.

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