Implementation of the National HIV/AIDS Strategy

[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Presidential Documents]
[Pages 41687-41689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17620]

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Part V

The President

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Memorandum of July 13, 2010--Implementation of the National HIV/AIDS
Strategy

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Title 3--
The President

Memorandum of July 13, 2010

Implementation of the National HIV/AIDS Strategy

Memorandum for the Heads of Executive Departments and
Agencies

As we approach 30 years from the onset of the HIV/AIDS
epidemic in the United States, new actions are needed
to prevent HIV infection and better serve people living
with HIV. The actions we take now will build upon a
legacy of global leadership, national commitment, and
sustained efforts on the part of Americans from all
parts of the country and all walks of life to end the
HIV epidemic in the United States and around the world.
I am committed to renewing national leadership to fight
HIV/AIDS here at home, as we continue our efforts to
fight HIV/AIDS around the world. My Administration has
engaged in an extensive process to engage Americans and
listen to their ideas for improving our national
response to HIV/AIDS.

Today I am releasing a National HIV/AIDS Strategy for
the United States (Strategy) and a National HIV/AIDS
Strategy Federal Implementation Plan (Federal
Implementation Plan), which identifies specific actions
to be taken by Federal agencies to implement the
Strategy's goals. While agencies already undertake many
actions to address HIV/AIDS, successful implementation
of the Strategy will require new levels of
coordination, collaboration, and accountability. This
will require the Federal Government to work in new ways
across agency lines, as well as in enhanced and
innovative partnerships with State, tribal, and local
governments. Government cooperation at all levels,
moreover, is not enough. Success will require the
commitment of all parts of society, including
businesses, faith communities, philanthropic
organizations, scientific and medical communities,
educational institutions, people living with HIV, and
others. It is also necessary to sustain public
commitment to ending the epidemic, and this calls for
regular communications between governments at all
levels to identify the challenges we face and report
the progress we are making. To these ends, I hereby
direct the following:

Section 1.  Role of the White House Office of National
AIDS Policy (ONAP).

(a) The Director of the ONAP, in consultation with
the Office of Management and Budget (OMB), shall be
responsible for setting the Administration's domestic
HIV/AIDS priorities and monitoring the implementation
of the Strategy. The Director of the ONAP shall convene
regular meetings with representatives of executive
departments and agencies (agencies) to coordinate HIV/
AIDS-related policies, programs, and activities.
(b) The Director of the ONAP shall annually report
to the President on the implementation of the Strategy,
including progress in meeting key targets and taking
key actions identified in the Strategy and the Federal
Implementation Plan.

Sec. 2. Lead Responsible Agencies. While the Strategy
requires a Government-wide effort in order to succeed
fully, certain agencies have primary responsibilities
and competencies in implementing the Strategy.

(a) Designation of Lead Agencies. Lead agencies for
implementing the Strategy shall be:

(i) the Department of Health and Human Services;

(ii) the Department of Justice;

(iii) the Department of Labor;

(iv) the Department of Housing and Urban Development;

(v) the Department of Veterans Affairs; and

(vi) the Social Security Administration.

(b) Lead Agency Implementation Plans. Within 150
days of the date of this memorandum, the head of each
lead agency shall submit a report to the ONAP and the
OMB on the agency's operational plans for implementing
the Strategy. The plans shall assign responsibilities
to agency officials, designate reporting structures for
actions identified in the Federal Implementation Plan,
and identify other appropriate actions to advance the
Strategy. The plans shall also include steps to
strengthen coordination in planning, budgeting for, and
evaluating domestic HIV/AIDS programs within and across
agencies. Lead agencies are encouraged to consider, and
reflect in their plans, steps to streamline grantee
reporting requirements and funding announcements
related to HIV/AIDS programs and activities.
(c) Ongoing Responsibilities of Lead Agencies. The
head of each lead agency shall:

(i) designate an official responsible for coordinating the agency's ongoing
efforts to implement the Strategy;

(ii) develop a process for sharing progress reports, including status
updates on achieving specific quantitative targets established by the
Strategy, with relevant agencies and the ONAP on an annual basis, or at
such other times as the ONAP requests; and

(iii) in consultation with the OMB, use the budget development process to
prioritize programs and activities most critical to meeting the goals of
the Strategy.

Sec. 3. Role of the Secretary of Health and Human
Services. The Secretary of Health and Human Services
(Secretary), or the Secretary's designee, shall be
responsible for improving coordination of domestic HIV/
AIDS programs and activities across the Federal
Government.

(a) Coordination within the Department of Health
and Human Services. The Secretary, or the Secretary's
designee, shall develop and implement specific plans
and procedures for improving intra-departmental
coordination and collaboration on HIV/AIDS care,
research, and prevention services.
(b) Coordination with Other Agencies. The
Secretary, or the Secretary's designee, shall be
responsible for convening interagency efforts to
improve coordination of HIV/AIDS programs and
activities. This may include collaboration with
governmental and nongovernmental entities to achieve
the Federal Government's implementation and research
priorities in the areas of highest impact.
(c) Presidential Advisory Council on HIV/AIDS
(PACHA). PACHA, which was established by Executive
Order 12963 of June 14, 1995 (Presidential Advisory
Council on HIV/AIDS), as amended, shall monitor the
implementation of the Strategy and make recommendations
to the Secretary and to the Director of the ONAP, as
appropriate, concerning implementation.

Sec. 4. Responsibilities of Other Agencies. All
agencies that support HIV/AIDS programs and activities
shall ensure that, to the extent permitted by law, they
are meeting the goals of the Strategy.

(a) Department of Defense. Within 150 days of the
date of this memorandum, the Secretary of Defense shall
submit to the ONAP and the OMB a plan for aligning the
health-care services provided by the Department of
Defense with the Strategy, to the extent feasible and
permitted by law. The plan shall address, in
particular, HIV/AIDS prevention, care, and treatment.
(b) Department of State. Within 150 days of the
date of this memorandum, the Secretary of State shall
submit to the ONAP and the OMB recommendations for
improving the Government-wide response to the domestic
HIV/AIDS epidemic, based on lessons learned in
implementing the President's Emergency Plan for AIDS
Relief (PEPFAR) program.

(c) Equal Employment Opportunity Commission
(Commission). Within 150 days of the date of this
memorandum, the Chair of the Commission shall submit to
the ONAP and the OMB recommendations for increasing
employment opportunities for people living with HIV and
a plan for addressing employment-related discrimination
against people living with HIV, consistent with the
Commission's authorities and other applicable law.

Sec. 5. General Provisions.

(a) The heads of executive departments and agencies
shall assist and provide information to the Director of
the ONAP, consistent with applicable law, as may be
necessary to implement the Strategy. Each agency shall
bear its own expense for carrying out activities to
implement the Strategy.
(b) Nothing in this memorandum shall be construed
to impair or otherwise affect:

(i) authority granted by law to a department or agency or the head thereof,
or to other executive branch officials; or

(ii) functions of the Director of the OMB relating to budgetary,
administrative, or legislative proposals.

(c) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(d) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.

Sec. 6. Publication. The Secretary is authorized and
directed to publish this memorandum in the Federal
Register.

THE WHITE HOUSE,

WASHINGTON, July 13, 2010