Order Code IB10050
CRS Issue Brief for Congress
Received through the CRS Web
AIDS in Africa
Updated October 29, 2001
Raymond W. Copson
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress

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CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Characteristics of the African Epidemic
Explaining the African Epidemic
Social and Economic Consequences
Responses to the AIDS Epidemic
Effectiveness of the Response
AIDS Treatment Issues
U.S. Policy
Bush Administration
Legislative Action
LEGISLATION

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AIDS in Africa
SUMMARY
Sub-Saharan Africa has been far more
of malnutrition and reduced prospects for
severely affected by AIDS than any other part
education. AIDS is being blamed for declines
of the world. The United Nations reports that
in agricultural production in some countries.
25.3 million adults and children are infected
with the HIV virus in the region, which has
Donor governments, non-governmental
about 10% of the world’s population but more
organizations, and African governments have
than 70% of the worldwide total of infected
responded primarily by attempting to reduce
people. The overall rate of infection among
the number of new HIV infections, and by
adults in sub-Saharan Africa is about 8.8%,
trying ameliorate the damage done by AIDS to
compared with a 1.1% infection rate world-
families, societies, and economies. The ade-
wide. Sixteen countries, mostly in eastern and
quacy of this response is the subject of much
southern Africa, have HIV infection rates of
debate. Spending from all sources on HIV/-
more than 10%, and the rate has reached
AIDS in sub-Saharan Africa was estimated at
35.8% in Botswana. An estimated 17 million
$500 million for FY2000.
Africans have lost their lives to AIDS, includ-
ing 2.4 million who died in 2000. AIDS has
Treatment of AIDS sufferers with medi-
surpassed malaria as the leading cause of death
cines that can result in long-term survival has
in Africa, and it kills many times more Africans
not been widely used in Africa. Advocates of
than war. In Africa, HIV is spread primarily
treatment argue that in view of recent drug
by heterosexual contact, and sub-Saharan
price reductions, treatment is an affordable
Africa is the only region where women are
means of reducing AIDS damage to African
infected at a higher rate than men.
economies, reinforcing prevention programs,
and keeping parents alive. Skeptics argue that
Experts relate the severity of the African
treatment is still too expensive to be an option
AIDS epidemic to the region’s poverty.
for most Africans and would require costly
Health systems are ill-equipped for prevention,
improvements in Africa’s health infrastructure.
diagnosis, and treatment. Poverty forces many
men to become migrant workers in urban
U.S. concern over AIDS in Africa grew
areas, where they may have multiple sex part-
during the 1980s, as the severity of the epi-
ners. Poverty leads many women to become
demic became apparent. According to the
commercial sex workers, vastly increasing
U.S. Agency for International Development,
their risk of infection. Cultural and behavior
the United States has been the global leader in
patterns, such as low rates of male circumci-
the international response to AIDS since 1986.
sion, may also play a role.
Legislation enacted during the 106th Congress
increased HIV/AIDS funding worldwide and
AIDS is having severe social and
supported several Africa AIDS initiatives.
economic consequences, depriving Africa of
skilled workers and teachers, while reducing
On May 11, 2001, President Bush
life expectancy by decades in some countries.
pledged $200 million to a new global AIDS,
The cumulative total of African children or-
malaria, and tuberculosis fund. Bills before
phaned by AIDS since the epidemic began is
Congress would fund substantial increases in
12.1 million. Currently 6.5 million AIDS or-
HIV/AIDS programs.
phans are living in Africa, facing increased risk
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
The Senate passed its version of the Foreign Operations Appropriations (H.R. 2506)
on October 24, 2001. The bill included $450 million for HIV/AIDS programs worldwide.
For details, see Legislation section. A report from Zambia on October 17 indicated that
AIDS was killing about 1,000 teachers each year, or nearly half the 2,200 new teachers
graduated each year. A South African Medical Research Council report, released on
October 16, predicted that South Africa’s death toll from AIDS would reach a cumulative
total of between 5 and 7 million by 2010, when 780,000 people would be dying annually
from the disease. Life expectancy would fall from 54 years at present to 41 by the end of the
decade, according to the Council, which is government funded. South African officials, who
had delayed release of the report, questioned its statistics and methodology and suggested
that it was intended to promote the use of antiretroviral drugs, regarded by the government
as unsafe.
BACKGROUND AND ANALYSIS
Sub-Saharan Africa has been far more severely affected by AIDS than any other part of
the world. According to a December 1, 2000 report issued by the Joint United Nations
Program on HIV/AIDS (UNAIDS), some 25.3 million adults and children are infected with
the HIV virus in the region, which has about 10% of the world’s population but more than
70% of the worldwide total of infected people. The overall rate of infection among adults is
about 8.8%, compared with 1.1% worldwide. UNAIDS projects that half or more of all 15
year-olds will eventually die of AIDS in some of the worst-affected countries, such as Zambia,
South Africa, and Botswana, unless the risk of contracting the disease is sharply reduced.
An estimated 17 million Africans have lost their lives to AIDS, and mortality is rising – 2.4
million Africans died of AIDS in 2000, compared with 2.2 million in 1999. AIDS has
surpassed malaria as the leading cause of death in sub-Saharan Africa, and it kills many times
more people than Africa’s armed conflicts.
Characteristics of the African Epidemic
In addition to its severity, the sub-Saharan AIDS epidemic is defined by a number of
other unusual characteristics.
! HIV, the human immunodeficiency virus that causes AIDS, is spread in
Africa primarily by heterosexual contact.
! Sub-Saharan Africa is the only region in which women are infected with HIV
at a higher rate than men. According to UNAIDS, women make up an
estimated 55% of the HIV-positive adult population in sub-Saharan Africa,
as compared with 47% worldwide.
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! Young women are particularly at risk. A U.N. study found girls aged 15-19
to be infected at a rate of 15% to 23%, while infection rates among boys of
the same age were 3% to 4%.
! To date, eastern and southern Africa have been far more severely affected
than West Africa, but infection rates in a number of West African countries
are starting to escalate. In some southern African countries, 20% or more of
the adult population is infected with HIV, and the rate has reached 35.8% in
Botswana. On March 20, 2001, the South African government released
statistics showing that 4.7 million South Africans, including 24.5% of adults,
were infected with HIV/AIDS in 2000 – up from 22.4% in 1999. In West
Africa, Senegal, with an active AIDS policy, had an adult infection rate
below 2% in 1999, but the infection rate now exceeds 10% in Ivory Coast
and is increasing in populous Nigeria as well.
! The African AIDS epidemic is having a much greater impact on children than
is the case in other parts of the world. An estimated 600,000 African infants
become infected with HIV each year through mother-to-child transmission,
either at birth or through breast-feeding. (White House, Report on the
Presidential Mission on Children Orphaned by AIDS in Sub-Saharan
Africa: Findings and Plan of Action. Washington, July 19, 1999, p. 14.)
These children have a short life expectancy, and the number of HIV-infected
children currently alive in the region is currently estimated at 1 million
(UNAIDS).
! A cumulative total of 12.1 million African “AIDS orphans” have lost either
their mother or both parents to AIDS since the epidemic began, according
to UNAIDS. A report by the U.S. Agency for International Development
(USAID) puts the number of such orphans currently living in 26 African
countries at 6.5 million, and projects that by 2010, there will be 15 million
African AIDS orphans, including 2.7 million in Nigeria, 2.5 million in
Ethiopia, and 1.8 million in South Africa. (Children on the Brink, 2000
update.) Because of the stigma attached to the AIDS disease, AIDS orphans
run a greater risk of being malnourished, abused, and denied an education.
Explaining the African Epidemic
AIDS experts emphasize a variety of economic and social factors in explaining Africa’s
AIDS epidemic, placing primary blame on the region’s poverty. Poverty has deprived Africa,
for example, of effective systems of health information, health education, and health care.
Thus, Africans suffer from a high rate of untreated sexually-transmitted infections (STIs)
other than AIDS, and these increase susceptibility to HIV. African health care systems are
typically unable to provide AIDS counseling, which could help slow the spread of the disease,
and even HIV testing is difficult for many Africans to obtain. AIDS treatment is generally
available only to the elite.
Poverty forces large numbers of African men to migrate long distances in search of
work, and while away from home they may have multiple sex partners, increasing their risk
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of infection. Some of these partners may be women who have become commercial sex
workers because of poverty, and they too are highly vulnerable to infection. Migrant workers
may carry the infection back to their wives when they return home. Long distance truck
drivers, and drivers of “taxis,” who transport Africans long distances by car, are probably also
key agents in spreading HIV.
Some behavior patterns in Africa may also
Adult HIV Infection Rates, end of 1999 (%)
be affecting the epidemic. In explaining the
fact that young women are infected at a higher
Botswana
35.80
rate than young men, Peter Piot, the Executive
Swaziland
25.25
Director UNAIDS, has commented that “the
Zimbabwe
25.06
unavoidable conclusion is that girls are getting
Lesotho
23.57
South Africa
19.94
infected not by boys but by older men,” who
Namibia
19.54
are more likely than young men to carry the
Zambia
19.95
disease. (UNAIDS press release, September
Malawi
15.96
Kenya
13.95
14, 1999.) A researcher in a UNAIDS project
Cent. Af. Republic
13.84
studying the differential rate of infection added
Mozambique
13.22
that “Young (women’s) lives are being cut
Djibouti
11.75
Burundi
11.32
short through sex which is all too often forced,
Rwanda
11.21
coerced, or ‘bought’ with sugar-daddy gifts.”
Cote d’Ivoire
10.76
Many believe that the infection rate among
Ethiopia
10.63
Uganda
8.30
women generally would be far lower if
Tanzania
8.09
women’s rights were more widely respected in
Cameroon
7.73
Africa and if women exercised more power in
Burkina Faso
6.44
Congo Brazzaville
6.43
political and economic affairs. (For more on
Togo
5.98
these issues, see Helen Epstein, “AIDS: the
Congo Kinshasa

5.07
Lesson of Uganda,” New York Review of
Nigeria
5.06
Gabon
4.16
Books, July 5, 2001.)
Ghana
3.60
Sierra Leone
2.99
The breakdown in social order and social
Eritrea
2.87
Liberia
2.80
norms caused by armed conflict could also be
Angola
2.78
contributing to the African epidemic. Conflict,
Chad

2.69
which has afflicted many sub-Saharan countries
Guinea Bissau
2.50
Benin
2.45
for years, is typically accompanied by
Mali
2.03
numerous incidents of violence against women,
Gambia
1.95
including rape, carried out by soldiers and
Senegal
1.77
Guinea
1.54
guerrillas. Such men are also more likely to
Sudan
.99
resort to commercial sex workers than those
Mauritania
.52
living in a settled environment.
Equatorial Guinea
.51
Somalia
NA

Madagascar
.15
Some observers believe that the spread of
AIDS in Africa could have been slowed if
Source: UNAIDS, Report on the Global
HIV/AIDS Epidemic, June 2000
African leaders had been more engaged and
outspoken in the struggle against the disease.
President Yoweri Museveni of Uganda, in
particular, has won wide recognition for leading a successful campaign against AIDS in his
country. But many other African leaders have said or done comparatively little about the
epidemic.
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President Daniel arap Moi of Kenya, where 13.9% of adults are infected and nearly a
million people have died from AIDS, did not endorse the use of condoms as a preventive until
December 1999. (Africa News Service, December 23, 1999.) South Africa has a large
AIDS program launched by the former president, Nelson Mandela, who continues to speak
out in support of preventive measures, but many critics doubt that the current president,
Thabo Mbeki, is treating the disease with sufficient urgency. On April 19, 2000, the press
reported that he had sent a letter to President Clinton and other heads of state asserting that
Africa would not copy foreign approaches to dealing with AIDS and defending dissident
scientists who maintain that AIDS is not caused by the HIV virus. Many health experts feared
that Mbeki’s assertions that poverty was the underlying cause of AIDS, while in some sense
partly true, would confuse South Africans, including poor South Africans, and keep them
from taking measures that could prevent infection.
On October 15, 2000, Mbeki reportedly told top leaders of the ruling African National
Congress that he would withdraw from the debate over HIV/AIDS. On March 14, 2001,
President Mbeki rejected appeals in the national assembly that he declare the HIV/AIDS
epidemic a national emergency. Such a declaration would have given the government
expanded rights to obtain AIDS medications at lower prices under the World Trade
Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights. (See
below, AIDS Treatment Issues.) South Africa has launched 18 pilot projects to treat HIV-
positive pregnant women with the drug Nevirapine, which is being provided free by the
German firm Boehringer-Ingelheim. Nevirapine is highly effective in preventing mother to
child transmission of HIV. However, South Africa’s Treatment Action Campaign (TAC)
launched a suit against the government on August 20, 2001, claiming that the pilot program
was inadequate and demanding the establishment of a comprehensive, nationwide effort.
According to TAC, 20,000 babies could be saved annually by such program.
Social and Economic Consequences
AIDS is having severe social and economic consequences in Africa, and these negative
effects are expected to continue for many years. A January 2000 Central Intelligence Agency
National Intelligence Estimate on the infectious disease threat, made public in an unclassified
version, forecasts grave problems over the next 20 years.
At least some of the hardest-hit countries, initially in sub-Saharan Africa and later in other
regions, will face a demographic catastrophe as HIV/AIDS and associated diseases reduce
human life expectancy dramatically and kill up to a quarter of their populations over the
period of this Estimate. This will further impoverish the poor, and often the middle class,
and produce a huge and impoverished orphan cohort unable to cope and vulnerable to
exploitation and radicalization. (CIA, The Global Infectious Disease Threat and Its
Implications for the United States [http://www.odci.gov], “Publications and Reports”.)
The estimate predicted increased political instability and slower democratic development as
a result of AIDS. According to the World Bank,
The illness and impending death of up to 25% of all adults in some countries will have an
enormous impact on national productivity and earnings. Labor productivity is likely to
drop, the benefits of education will be lost, and resources that would have been used for
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investments will be used for health care, orphan care, and funerals. Savings rates will
decline, and the loss of human capital will affect production and the quality of life for years
to come. (World Bank, Intensifying Action Against HIV/AIDS in Africa.)
In the most severely affected countries, sharp drops in life expectancy are occurring, and
these will reverse major gains achieved in recent decades. At AIDS2000, the July 2000
international AIDS conference held in Durban, South Africa, Karen Stanecki of the U.S.
Census Bureau reported that AIDS had cut life expectancy in Botswana from 71 years to 39
and in Zimbabwe from 70 years to 38. Stanecki predicted that South Africa, Zimbabwe, and
Botswana will begin to experience negative population growth in 2003, and that by 2010, life
expectancy at birth will have fallen to about 30 years throughout southern Africa.
According to many reports, AIDS has devastating effects on rural families. The father
is typically the first to fall ill, and when this occurs, farm tools and animals may be sold to pay
for his care. As he grows weaker, he will become unable to farm at all; nor will his wife be
able to farm, since she will be devoting her time to nursing him. The family will be unable to
pay school fees, and in any event, children will likely be kept out of school to perform added
chores at home. Should the mother also become ill, children may be forced to shoulder
responsibility for the full time care of their parents. The economic consequences of the
disruption of rural life can be severe, and reduced food production in some areas due to AIDS
has been reported.
AIDS is also being blamed for shortages of skilled workers and teachers in several
countries. Although unemployment is generally high in Africa, such trained personnel are
not readily replaced. The disease is claiming many lives at middle and upper levels of
management in both business and government.
AIDS may have serious security consequences for much of Africa, since HIV infection
rates in many armies are extremely high. South African soldiers have been widely expected
to play an important peacekeeping role in the Democratic Republic of the Congo (DRC,
formerly Zaire) and perhaps other countries in coming months and years, but estimates of the
infection rate in the South Africa army run from 17% to 40%, with higher rates reported for
units based in heavily infected KwaZulu-Natal province. Infection rates among the seven
armies currently embroiled in the conflict in the Democratic Republic of the Congo have been
estimated at 50% or higher (Report on the Presidential Mission on Children Orphaned by
AIDS.) The ability of armies facing heavy infection rates to conduct effective operations is
a source of concern to analysts. Domestic political stability could also be threatened in
African countries if the security forces become unable to perform their duties due to AIDS.
(For more on this issue, see the CIA Estimate, noted above.)
Responses to the AIDS Epidemic
Donor governments, non-governmental organizations (NGOs) working in Africa, and
African governments have responded to the AIDS epidemic primarily by attempting to reduce
the number of new HIV infections, and to some degree, by trying ameliorate the damage done
by AIDS to families, societies, and economies. A third possible response – treatment of
AIDS sufferers with medicines that can result in long-term survival – has not been widely
used in Africa, largely due to cost, although some treatment is now being offered at private
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clinics or through programs offered by a few large employers. Demands for large-scale
treatment are mounting in Africa, and are drawing support from outside the continent among
AIDS activists and others concerned for the region’s future. There is also growing support
for expanded programs to treat opportunistic infections (OIs), such as tuberculosis, which can
shorten the lives of HIV victims by years but can be treated or prevented by comparatively
inexpensive drugs. An effective vaccine could offer a permanent solution to the African
AIDS crisis, but progress in vaccine development has been slow. (For more information on
the international response to the epidemic, see CRS Report RL30883, Africa: Scaling Up the
Response to the HIV/AIDS Pandemic.)
Efforts to reduce the number of AIDS infections have focused on increasing AIDS
awareness among Africans. Programs and projects aimed at combating the disease typically
provide information on how the disease is spread – and on how it can be avoided – through
the media, posters, lectures, and skits. Donor-sponsored voluntary counseling and testing
(VCT) programs, where available, enable African men and women to learn their HIV status.
Those testing positive are typically referred to support groups and advised on ways to protect
others from contracting the disease; while the majority testing negative are counseled on
behavior changes that will keep them HIV-free. USAID is currently supporting VCT centers
in 10 African countries. AIDS awareness programs can be found in many African schools and
increasingly in the workplace, where employers are recognizing their interest in reducing the
infection rate among their employees. Many projects aim at making condoms readily
available – USAID reports that it has shipped more than 2 billion condoms to Africa since
1986 – and on providing instruction in condom use. Some recent pilot projects have had
success in reducing mother-to-child transmission by administering the anti-HIV drug AZT,
or a less expensive medicine, Nevirapine, during birth and early childhood.
Church groups and humanitarian organizations have helped Africa deal with the
consequences of AIDS by setting up programs to provide care and education to orphans. The
Farm Orphan Support Trust in Zimbabwe tries to keep sibling orphans together and in a
family living situation; the Salvation Army sponsors a pilot, community-based, orphan support
program in Zambia, providing education and health care to vulnerable children. (Report on
the Presidential Mission on Children Orphaned by AIDS.) A United Nations study has found
that community-based organizations, sometimes with the support of NGOs, have emerged to
supply additional labor, home care for the sick, house repair, and other services to AIDS-
afflicted families. (UNAIDS, A Review of Household and Community Responses to the
HIV/AIDS Epidemic in Rural Areas of Sub-Saharan Africa, 1999.)
Public-private partnerships have also become an important vehicle for responding to the
African AIDS pandemic. The Bill and Melinda Gates Foundation has been a major supporter
of vaccine research and a variety of AIDS programs undertaken in cooperation with African
governments and donors. The Rockefeller Foundation, working with UNAIDS and others,
has sponsored programs to improve AIDS care in Africa, and both Bristol-Myers Squibb and
Merck and Company have undertaken programs with the Botswana government aimed at
improving the country’s health infrastructure.
Donors have made several recent pledges to scale up the international response to the
AIDS epidemic. On July 23, 2000, leaders at the G-8 world economic summit in Okinawa
pledged to reduce the number of young people infected by the HIV virus by 25%. The World
Health Organization estimated that this pledge, and G-8 pledges to attack malaria and
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tuberculosis as well, would cost at least $5 billion per year for 5 years. The World Bank, on
September 12, 2000, made an initial commitment of $500 million to a Multi-Country
HIV/AIDS Program (MAP) for Africa. The MAP, designed to be both flexible and rapidly
disbursing, according to the Bank, will help fund HIV/AIDS prevention, care, and treatment
programs in countries that have developed a strategic approach to combating the epidemic
and that met certain other conditions.
African heads of state, meeting in Abuja, Nigeria, issued a statement on April 27, 2001,
declaring AIDS a continental emergency, pledging to spend 15% of their annual budgets on
health and urging donors to create a $5 billion to $10 billion Global AIDS Fund. U.N.
Secretary General Kofi Annan subsequently asked for the creation of a “war chest,”the Global
AIDS and Health Fund, of $7 billion to $10 billion per year, primarily to fight HIV/AIDS but
also to combat tuberculosis and malaria. By August 2001, $1.4 billion in one-time
contributions had been pledged to the Fund, but it remains to be seen whether the fund soon
reaches the annual amounts sought by the Secretary General. The structure of the new Global
Fund is still under negotiation, but Annan has said that it will have a small secretariat as well
as a board of directors, including representatives of donor and recipient governments, groups
fighting the epidemic, and the private sector. The G-8 summit of industrialized nations, held
in Genoa, July 20-22, endorsed the proposed fund and affirmed that members were committed
to making it operational by the end of the year.
USAID estimates that in FY2000, all donors and lending agencies, together with African
governments, spent approximately $500 million in combating AIDS. UNAIDS estimates,
however, that African countries require about $1.5 billion for HIV/AIDS prevention
programs, and another $1.5 billion for HIV/AIDS care, including orphan care. These
estimates do not include any funding for AIDS treatment with antiretroviral drugs. (See
below, AIDS Treatment Issues.) The funding issue is covered in detail in CRS Report
RL30883, Africa: Scaling Up the Response to the HIV/AIDS Pandemic.
The United Nations convened a General Assembly Special Session on HIV/AIDS, June
25-27, in New York. Much of the debate at the session centered on the issue of whether
large-scale treatment with antiretroviral drugs could be provided in Africa. The Special
Session concluded with passage of a resolution emphasizing the need for “widespread and
effective prevention,” but “recognizing that care, support, and treatment can contribute to
effective prevention.” The resolution stated that strong government leadership is essential for
an effective response and laid out a timetable for government action to develop and
implement HIV/AIDS programs.
Further information on the response to AIDS in Africa may be found at the following
web sites:
CDC: [http://www.cdc.gov/nchstp/od/nchstp.html]
European Union: [http://europa.eu.int/comm/development/aids/]
International AIDS Vaccine Initiative: [http://www.iavi.org]
International Association of Physicians in AIDS Care: [http://www.iapac.org/]
Journal of the American Medical Association HIV/AIDS Information Center:
[http://www.ama-assn.org/special/hiv/]
Kaiser Daily HIV/AIDS Report: [http://report.kff.org/aidshiv/]
UNAIDS: [http://www.unaids.org/]
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USAID: [http://www.usaid.gov/], click on “Population, Health, and Nutrition.”
World Bank: [http://www.worldbank.org/], click on “Topics.”
Effectiveness of the Response
The response to AIDS in Africa has had some successes, most notably in Senegal,
mentioned above, and in Uganda, where the rate of infection has been cut in half – to
approximately 8.3% – by an active AIDS awareness program that openly advocates the use
of condoms. Despite these success stories, however, available evidence indicates that the
epidemic is deepening in most of the region. In the West African nation of Nigeria, Africa’s
most populous country with 111 million people, the rate of adult HIV infection increased
from 4.5% in 1995 to 5.4% in 1999, and is reportedly nearing 7% in some parts of Lagos, the
largest city.
A United Nations update on the AIDS epidemic, issued on December 1, 2000, estimated
that there had been 3.8 million new HIV infections in Africa in 2000 as compared to 4 million
in 1999, and suggested that the decrease could in part reflect the success of prevention
programs in some countries. The report also noted, however, that the decline in new
infections could have resulted partly from the fact that many of the most vulnerable, sexually
active people had already been infected in prior years. In any event, citing Nigeria, the report
warned that the epidemic could still take off in countries with comparatively low infection
rates.
Experts note that there are a number of barriers to a more effective AIDS response in
Africa, such as cultural norms that make it difficult for many government, religious, and
community leaders to acknowledge or discuss sexual matters, including sex practices,
prostitution, and the use of condoms. However, experts continue to advocate AIDS
awareness and AIDS amelioration as essential components of the response to the epidemic.
Indeed, there is strong support for an intensification of awareness and amelioration efforts,
as well as adaptations to make such efforts more effective. With respect to amelioration,
UNAIDS has recommended that donors find ways to strengthen those indigenous support
institutions that are already helping AIDS victims and their families. (A Review of Household
and Community Responses.) There is also support for a stronger focus on treatment of non-
HIV sexually-transmitted infections, which can dramatically lower the rate of HIV
transmission.
The lives of infected people could be significantly prolonged and improved, some
maintain, if more were done to identify and treat the opportunistic infections, particularly
tuberculosis, that typically accompany AIDS. Millions of Africans suffer dual infections of
HIV and TB, and the combined infection dramatically shortens life. Tuberculosis can be
cured by treatment with a combination of medications over several months, even in HIV-
infected patients. However, according to the World Health Organization, Africans often
delay seeking treatment for TB or do not complete the course of medication (Global
Tuberculosis Control: WHO Report 1999, Key Findings), contributing to the high incidence
of death among those with dual infections. Pfizer Corporation has signed an agreement with
South Africa to donate the anti-fungal Diflucan (fluconazole) for treating AIDS-related
opportunistic infections, including cryptococcal meningitis, a dangerous brain inflammation.
In June 2001, the company announced that it would expand this program to 50 of the world’s
least developed countries. UNAIDS and the World Health organization recommended on
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April 5, 2000, that Africans infected with HIV be treated with an antibiotic/sulfa drug
combination known by the trade name Bactrim in order to prevent opportunistic infections.
Studies indicate that the drug could reduce AIDS death rates at a cost of between $8 and $17
per year per patient.
AIDS Treatment Issues
Access for poor Africans to costly combinations of AIDS medications or
“antiretrovirals” (ARVs) is perhaps the most contentious issue surrounding the response to
the African epidemic today. Administered in a treatment regimen known as HAART – highly
active antiretroviral therapy – these drugs can return AIDS victims to normal life and lead to
long-term survival rather than early death. Such treatment has proven highly effective in
developed countries, including the United States, where AIDS, which had been the eighth
leading cause of death in 1996 no longer ranked among the 15 leading causes by 1998. (U.S.
Department of Health and Human Services Press Release, October 5, 1999.)
Advocates of making HAART widely available in Africa argue that the therapy would
keep parents alive, slowing the growth in the number of AIDS orphans; and keep workers,
teachers, civil servants, and managers alive as well, thus reducing the economic impact of the
epidemic. Moreover, proponents argue, treatment will strengthen prevention efforts, since
the possibility of treatment will create strong incentives for participation in VCT programs.
Someone who enters treatment and is receiving regular medical attention, many believe, will
be more likely to behave in ways that minimize the risk of spreading HIV. Some also see a
moral obligation to try to save lives when the medications for doing so exist.
The high cost of HAART treatments, however, has been regarded as the principal
obstacle to offering the therapy on a large scale in Africa, where most victims are poor and
lack health insurance. The cost of administering HAART was once estimated at between
$10,000 and $15,000 per person per year. On May 11, 2000, five major pharmaceutical
companies announced that they were willing to negotiate sharp reductions in the price of
AIDS drugs sold in Africa. UNAIDS launched a program in cooperation with the
pharmaceutical companies to boost treatment access and, in June 2001, reported that 10
African countries had reached agreement with manufacturers. The agreements significantly
reduced prices in exchange for health infrastructure improvements to assure that ARVs are
administered safely. Patented AIDS medications are reportedly becoming available in several
African countries, at prices ranging from several hundred dollars to just over $1000 per
patient per year, for a three-drug treatment comparable to that available in developed
countries. HAART is now available in private clinics in some African cities, and Uganda as
well as Cote d’Ivoire are providing HAART in publicly-funded programs to several hundred
patients.
The degree to which Africa’s poorly developed health infrastructure prevents the wider
availability of HAART is controversial. AIDS activists believe that millions of Africans could
quickly be given access to AIDS drugs. Others maintain that African supply channels cannot
make the drugs consistently available to millions of patients and that regular monitoring of
patients by medical personnel is unavailable in much of the continent. Monitoring is
necessary, they maintain, to deal with side effects and to adjust medications if drug resistance
emerges. Many fear that if the drugs are taken irregularly, resistant strains will emerge that
could cause untreatable infections worldwide.
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Harvard University faculty released a “consensus statement” on April 4, 2001,
maintaining that objections to widespread treatment of HIV-infected people in low-income
countries with antiretroviral drugs were not valid. The statement, available online at
[http://www.cid.harvard.edu], called for an initial effort to treat at least one million AIDS
patients in Africa within 3 years.
Many also advocate “parallel imports” of drugs and “compulsory licensing” by African
governments to lower the price of patented medications. Through parallel importing,
patented pharmaceuticals could be purchased from the cheapest source, rather than from the
manufacturer; while under “compulsory licensing,” an African government could order a local
firm to produce a drug and pay a negotiated royalty to the patent holder.
Although both parallel imports and compulsory licensing are permitted under Agreement
on Trade-Related Aspects of Intellectual Property Rights (TRIPS agreement) of the World
Trade Organization agreement for countries facing national emergencies, U.S. officials once
strongly opposed such measures on grounds that they could lead to infringements of
intellectual property rights. Advocates for the pharmaceutical companies argued that parallel
importing and compulsory licensing could reduce profits, and that this would hinder the ability
of manufacturers to conduct research on new drugs, including drugs that might be even more
effective against HIV. A third view has been that some combination of subsidization, price
reduction, and local manufacturing might be found that would make the drugs much more
widely available while maintaining drug company revenues through the sheer volume of
African sales.
On May 10, 2000, President Clinton issued an executive order stating that the United
States would not seek to prevent sub-Saharan countries from promoting access to HIV/AIDS
pharmaceuticals or medical technologies consistent with the World Trade Organization’s
TRIPS agreement. On February 22, 2001, an official of the U.S. Trade Representative’s
office said the Bush Administration was not considering any change in current “flexible
policy” on this issue.
In South Africa, a suit by a consortium of pharmaceutical manufacturers against the
South African government became a focal point for the debate over the price of AIDS
medications in poor countries in the first months of 2001. The suit was directed against the
South African Medicines Act, which would allow the health minister to authorize importation
of generic copies of patented medications – a provision the drug companies argued violated
South Africa’s own constitution and patent laws. The stance of the companies drew
widespread protests, and on April 19, 2001, all 39 plaintiffs agreed to drop their suit. The
South African government did not immediately move to import generic AIDS medications,
however, and is cooperating with manufacturers in drafting regulations to implement
contentious portions of the Medicines Act.
In September 2001, Nigeria launched a program to treat 10,000 HIV-infected adults
and 5,000 children with antiretrovirals supplied by Cipla, an India-based pharmaceutical
manufacturer that copies patented drugs. At least 2.6 million Nigerians are believed to be
infected, and the program is expected to grow rapidly.
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U.S. Policy
A July 2000 Washington Post article called into question the adequacy and timeliness
of the early U.S. response to the HIV/AIDS threat in Africa. (Barton Gellman, “The Global
Response to AIDS in Africa: World Shunned Signs of Coming Plague.” Washington Post,
July 5, 2000). Nonetheless, U.S. concern did begin to mount during the 1980s, as the severity
of the epidemic became apparent. In 1987, in acting on the FY1998 foreign operations
appropriations legislation, Congress earmarked funds for fighting AIDS worldwide, and
House appropriators noted that in Africa, AIDS had the potential for “undermining all
development efforts” to date (H.Rept. 100-283). In subsequent years, Congress supported
AIDS spending at or above levels requested by the executive branch, either through earmarks
or report language.
USAID states that it has been the global leader in the international response to AIDS
since 1986, not only by supporting multilateral efforts but also by directly sponsoring
regional and bilateral programs aimed at combating the disease. (See USAID’s Web site at
[http://www.usaid.gov/], click on “Population, Health, and Nutrition.”) The Agency has
sponsored AIDS education programs; trained AIDS educators, counselors, and clinicians;
supported condom distribution; and sponsored AIDS research. USAID claims several
successes in Africa, such as helping to reduce HIV prevalence among young Ugandans and
to prevent an outbreak of the epidemic in Senegal; reducing the frequency of sexually
transmitted infections in several African countries; sharply increasing condom availability in
Kenya and elsewhere; assisting children orphaned by AIDS; and sponsoring the development
of useful new technologies, including the female condom. USAID reports that it spent a total
of $67 million on fighting AIDS in Africa in FY1998 and $81 million in FY1999. In addition,
some spending by the Department of Health and Human Services was going toward HIV
surveillance in Africa and other Africa AIDS-related efforts.
As the severity of the epidemic continued to deepen in recent years, many of those
concerned for Africa’s future, both inside and outside government, came to feel that more
should be done. On July 19, 1999, Vice President Gore proposed $100 million in additional
spending for a global LIFE (Leadership and Investment in Fighting an Epidemic) AIDS
initiative to begin in FY2000, with a heavy focus on Africa. Funds approved during the
FY2000 appropriations process supported most of this initiative.
On June 27, 2000, the Peace Corps announced that all volunteers serving in Africa
would be trained as AIDS educators and that 200 former volunteers would be sent to Africa
through the Crisis Corps to work in AIDS care and prevention. Fifty new volunteers will
work exclusively on AIDS-related projects in eastern and southern Africa.
The U.S. Export-Import Bank announced on July 19, 2000, that it would make available
$1 billion in loans per year to finance the purchase in sub-Saharan African countries of
HIV/AIDS medications, as well as related equipment and services, from U.S. firms. The 5-
year loans would be at commercial interest rates, although some small pieces of financing
costs might include an element of concessionality, according to the agency. Some criticized
this offer on grounds that it would burden African countries with added debt and divert scarce
resources to the purchase of costly antiretroviral drugs. Several African governments
reportedly rejected the loans. Nonetheless, the Bank has reported some recent interest in
such loans, which can be used to build health infrastructure and not just to buy medicines.
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Table 1, which compares HIV/AIDS spending in FY2000 with projected spending in
FY2001, indicates that spending through the prevention programs of the Centers for Disease
Control (CDC) of the Department of Health and Human Services has increased significantly.
In addition, the Defense Department has undertaken a new HIV/AIDS education program
with African armed forces (see CRS Report RL30761, HIV-1/AIDS and Military Manpower
Policy), while the Department of Labor (DoL) has launched a program to support AIDS
education in the African workplace. In FY2001, USAID is targeting three heavily affected
African countries – Kenya, Uganda, and Zambia – for a rapid scale up in HIV/AIDS activities
intended to show measurable results in one to two years. Ten African countries have been
identified for “intensive focus” to reduce prevalence rates as well as mother-to-child
transmission and to increase support services for people living with or affected by AIDS
within 3 to 5 years. USAID will maintain basic programs, including technical assistance,
training, and provision of commodities in eight other African countries. The General
Accounting Office released a report in March 2001 calling on USAID to develop better
measures for evaluating the effectiveness of its HIV/AIDS programs in Africa. (GAO Report
GAO-01-449, U.S. Agency for International Development Fights AIDS in Africa, but Better
Data Needed to Measure Impact.)
Table 1. U.S. Spending on Fighting AIDS in Africa
($ millions)
FY2000
FY2001
USAID
134
144
CDC
34
77
DoD
0
5
DoL
0
3
Total
168
229
Bush Administration
On May 11, 2001, President Bush announced that the United States would make a
“founding contribution” of $200 million to the Global AIDS and Health fund proposed by
U.N. Secretary General Kofi Annan. Additional funding would follow, the President said, “as
we learn where our support can be most effective.” The President added that “we believe the
fund must respect intellectual property rights, as an incentive for vital research and
development.”
Prior to this announcement, the Administration had proposed $486.5 million in FY2002
for bilateral worldwide AIDS spending, including $360 million to be appropriated under the
Foreign Operations appropriation for USAID programs, $116.5 million under the Health and
Human Services appropriation for CDC programs, and $10 million in food aid. Proposed
allocations of this FY2002 bilateral AIDS spending for Africa, and for particular countries,
have not been released, but in FY2001, Africa is budgeted for just over 50% of worldwide
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bilateral spending by all agencies. No funds were requested for the DoD program in FY2002.
The House-passed version of the Foreign Operations Appropriations (H.R. 2506) includes
more funding for worldwide HIV/AIDS programs than the Administration requested.

After President Bush’s May 11 announcement of a $200 million pledge to the Global
AIDS and Health Fund, some AIDS activists and others criticized the amount as too small
to make a significant difference in the African HIV/AIDS pandemic. Others argued, however,
that the Administration was taking a first step in what could turn out to be a major long-term
commitment. On June 11, 2001, the Administration submitted a request for FY2002 budget
amendments to fund its pledge, identifying transfers totaling $100 million from HHS and $100
million from foreign assistance programs, which it said would not have serious programmatic
impacts. Subsequently, however, Congress appropriated $100 million for the fund under the
Supplemental Appropriations Act (P.L. 107-20/H.R. 2216). The House-passed version of
the Foreign Operations Appropriations legislation would permit another $100 million to be
contributed, with the funds to come from FY2001 and FY2002 Child Survival account of the
Development Assistance program. The Senate-passed version would permit $90 million to
be donated to the Fund from the $450 million set aside in Child Survival funds for worldwide
HIV/AIDS programs. Other support for the Fund might be available through the
appropriations for the Department of Health and Human Services (see Legislation section).
Some concern has been expressed about using $200 million to provide resources to a
new international organization, as yet to be established, rather than to augment the HIV/AIDS
resources of USAID and CDC, which many regard as more effective than other organizations
and agencies in coping with the African pandemic. Others argue that despite the experience
and capabilities of USAID and CDC, it is important to establish an overarching international
body that may eventually be able to coordinate and integrate the activities of all donors. (For
critiques of the fund proposal, see the Christian Aid policy brief “False Dawn” at
[http://www.christian-aid.org.uk/], and The Lancet, August 18, 2001).
Secretary of State Colin Powell told the United Nations General Assembly Special
Assembly on June 25, 2001, that the global response to the pandemic had been “woefully
inadequate” to date. Noting the U.S. pledge for the Global Fund, Powell affirmed that “more
will come from the United States as we learn where our support can be most effective.” The
Secretary of State, also noting U.S. bilateral HIV/AIDS programs and vaccine research,
called for an integrated approach, emphasizing prevention but also including treatment,
orphan care, affordable drugs, and health infrastructure.
Legislative Action
In August 2000, the Global AIDS and Tuberculosis Relief Act of 2000 (P.L. 106-264)
became law. This legislation authorizes $300 million for each of fiscal years 2001 and 2002
for a comprehensive, coordinated, worldwide HIV/AIDS effort under USAID, not less than
65% to be available through non-governmental organizations, including religious-affiliated
organizations, and not less than 20% to be available for a multi-donor strategy to address the
support and education of orphans in sub-Saharan Africa. The Foreign Operations
appropriations legislation (P.L. 106-429) provides $300 million – somewhat more than
initially requested by the Clinton Administration – for HIV/AIDS programs worldwide in
FY2001. The appropriation also provides $10 million for the International AIDS Vaccine
Initiative. The Department of Defense (DoD) appropriations (P.L. 106-259) earmarks the
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$10 million requested by the Clinton Administration for HIV/AIDS education programs with
African armed forces. In addition, the Agriculture appropriation (P.L. 106-387) provides
$25 million in food aid to assist foreign countries in mitigating the effects of the epidemic.
In 2001, a number of bills have been introduced with HIV/AIDS related provisions.
These include:
H.R. 684 (Millender-McDonald), to authorize assistance for mother-to-child HIV/AIDS
transmission prevention efforts.
H.R. 933 (Waters), Affordable HIV/AIDS Medicines for Poor Countries Act.
H.R. 1185 (Lee), Global Access to HIV/AIDS Medicines Act of 2001.
H.R. 1269 (Crowley), Global Health Act of 2001.
H.R. 1567 (Lee), to encourage the provision of multilateral debt cancellation for countries
eligible to be considered for assistance under the Heavily Indebted Poor Countries
(HIPC) Initiative or heavily affected by HIV/AIDS, and for other purposes.
H.R. 1642 (Waters), Debt Cancellation for the New Millennium Act.
H.R. 1690 (Waters), Export-Import Bank HIV/AIDS Medicine Access Promotion Act.
H.R. 2104 (Eddie Bernice Johnson), to amend the Foreign Assistance Act of 1961 to
authorize the provision of education and related services to law enforcement and military
personnel of foreign countries to prevent and control HIV/AIDS and tuberculosis.
H.R. 2209 (Bereuter), World Bank AIDS Trust Fund Amendments Act of 2001.
H.R. 2839 (Millender-McDonald), Peace Corps HIV/AIDS Training Enhancement
Appropriations Act for Fiscal Year 2002.
H.R. 2604 (Bereuter), to authorize the United States to participate in and contribute to the
seventh replenishment of the resources of the Asian Development Fund and the fifth
replenishment of the resources of the International Fund for Agricultural Development,
and to set forth additional policies of the United States towards the African
Development Bank, the African Development Fund, the Asian Development Bank, the
Inter-American Development Bank, and the European Bank for Reconstruction and
Development. Includes a section on an HIV/AIDS Strategic Plan.
H.R. 2839 (Millender-McDonald), Peace Corps HIV/AIDS Training Enhancement
Appropriations Act for Fiscal Year 2002.
S. 463 (Feinstein), Global Access to AIDS Treatment Act of 2001.
S. 895 (Kerry), Vaccines for the New Millennium Act of 2001.
S. 1032 (Frist), International Infectious Diseases Control Act of 2001.
S. 1120 (Boxer), Global AIDS Research and Relief Act of 2001.
S. 1230 (Frist/Clinton), Global Leadership in Developing the Expanded Response Act, or the
“GLIDER Act.”
Bills that have been reported out of committee or received floor action are detailed
below, under Legislation.
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LEGISLATION
H.Con.Res. 102 (Leach)/S.Con.Res. 53
Hunger to Harvest Resolution: A Decade of Concern for Africa. States the sense of
Congress that Congress should undertake a multi-year commitment with other donors to
reverse current levels of hunger in sub-Saharan Africa, with funding directed, among other
purposes, toward efforts to prevent, treat, and control HIV/AIDS. Introduced on April 4,
2001, and referred to the House Committee on International Relations. Somewhat similar
Senate version states sense of Congress that within 90 days the President should submit a
report setting forth a five-year strategy to reverse hunger and poverty in Africa. Senate
version introduced on June 21, 2001; referred to the Committee on Foreign Relations.
Reported July 12 without report. Passed the Senate by unanimous consent, July 18.
Received in the House and held at the desk, July 19.
H.R. 1646 (Hyde)
Department of State Authorization. Authorizes up to $1 million for HIV/AIDS research
and mitigation strategies in a Border-Less World academic program of the Fulbright
Academic exchange program; states the sense of Congress that U.S. officials should urge the
United Nations to adopt an HIV/AIDS mitigation strategy as a component of U.N.
peacekeeping operations; and that the Secretary of State should establish an international
HIV/AIDS intervention, mitigation, and coordination task force. Introduced on May 4, 2001;
referred to the Committee on International Relations; marked up and ordered reported, May
2; report filed (H.Rept. 107-57); passed the House, May 16, received in the Senate and
referred to the Committee on Foreign Relations, May 17.
H.R. 2069 (Hyde)
Global Access to HIV/AIDS Prevention, Awareness, Education, and Treatment Act of
2001. States the sense of Congress that the United States should provide additional funds for
multilateral programs and efforts to combat HIV/AIDS, including programs that make
available pharmaceuticals and diagnostics for HIV/AIDS therapy in sub-Saharan Africa; and
that programs to help AIDS orphans as well as micro-enterprise programs for HIV/AIDS
affected families should be expanded; amends the Foreign Assistance Act of 1961 (P.L. 87-
195) to state that HIV/AIDS assistance should include prevention (including assistance
through faith-based organizations), treatment, monitoring, and related activities; requires an
annual report on USAID HIV/AIDS activities; authorizes $560 million for these activities in
each of fiscal years 2002 and 2003; requires USAID to assist sub-Saharan and other
developing countries to procure and distribute HIV/AIDS pharmaceuticals, including
antiretrovirals, and authorizes $50 million for this purpose; states that the President shall
establish an inter-agency task force to coordinate international HIV/AIDS activities;
establishes a permanent Global Health Advisory Board to assist in the development and
implementation of international health programs; authorizes $750 million in FY2002 for
contributions to a global health fund or other multilateral efforts to prevent and treat
HIV/AIDS. Introduced on June 6, 2001; referred to the Committee on International
Relations; amendment in the nature of a substitute marked up and approved by the House
International Relations Committee, June 27, 2001; reported (H.Rept. 107-137) July 12.
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H.R. 2330 (Bonilla)
Agriculture Appropriations. Amendment by Representative Pelosi to make available $25
million in food aid to assist foreign countries in mitigating the effects of HIV/AIDS on
communities, including individuals caring for orphaned children, accepted by voice vote, July
11, 2001. Bill passed the House, as amended, July 11. Received in the Senate, July 12, 2001.
H.R. 2506 (Kolbe)
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002.
As reported in the House on July 17, 2001, (H.Rept. 107-142), earmarked $434 million under
the Child Survival and Health Programs Fund for HIV/AIDS worldwide; amendment by Rep.
Visclosky to increase this amount by $13 million approved (258-162), July 24; provides,
according to report language, another $40 million for fighting HIV/AIDS through other
USAID-managed accounts, such as the Economic Support Fund and International Disaster
Assistance; earmarks $10 million in Child Survival funds for a contribution to the
International AIDS Vaccine Initiative; permits up to $100 million in FY2001 and FY2002
Child Survival funds as a U.S. contribution to a multilateral trust fund to fight HIV/AIDS,
malaria, and tuberculosis. Senate-passed version sets aside $450 million in Child Survival
funds for HIV/AIDS worldwide, including up to $90 million for a U.S. contribution to a
global HIV/AIDS, malaria, and tuberculosis fund; states that not less than $15 million of the
$450 million should be made available to support the development of microbicides; earmarks
$10 million in Child Survival funds for a contribution to the International AIDS Vaccine
Initiative; provides, according to report language, another $25 million worldwide for
HIV/AIDS through other programs, such as the Economic Support Fund. Bill passed the
House (381-46), July 24; received in the Senate and referred to the Committee on
Appropriations, July 25; ordered to be reported with an amendment in the nature of a
substitute, July 26; reported (S.Rept. 107-58) September 4; passed the Senate (96-2),
October 24; Senate appointed conferees, October 24.
H.R. 3061 (Regula)/S. 1536 (Harkin)
Departments of Labor, Health and Human Services, and Education Appropriations.
House bill appropriate $137.527 million for the global HIV/AIDS programs of the Centers
for Disease Control and Prevention of the Department of Health and Human Services; permits
the transfer of up to $25 million from the National Institute of Allergy and Infectious Diseases
(NIAID) to the Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis; permits the
transfer of up to $75 million to the Fund from the buildings and facilities account of the
National Institutes of Health (NIH). Senate version appropriates $154.527 million for CDC
global HIV/AIDS programs; transfers to the global fund $25 million from NIAID, $70 million
from NIH buildings and facilities, and $5 million from general departmental management.
H.R. 3061 reported as an original measure (H.Rept. 107-229) on October 9, 2001. Passed
the House (373-43), October 11. Received in the Senate, October 15. S. 1536 reported as
an original measure (S.Rept. 107-84), October 11.
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