§ 7622. Participation in the Global Fund to Fight AIDS, Tuberculosis and Malaria
(a)
Findings; sense of Congress
(1)
Findings
Congress makes the following findings:
(A)
The establishment of the Global Fund in January 2002 is consistent with the general principles for an international AIDS trust fund first outlined by Congress in the Global AIDS and Tuberculosis Relief Act of 2000 (Public Law 106–264) [22 U.S.C. 6801 et seq.].
(2)
Sense of Congress
It is the sense of Congress that—
(A)
transparency and accountability are crucial to the long-term success and viability of the Global Fund;
(B)
the Global Fund has made significant progress toward addressing concerns raised by the Government Accountability Office by—
(C)
the provision of sufficient resources and authority to the Office of the Inspector General for the Global Fund to ensure that office has the staff and independence necessary to carry out its mandate will be a measure of the commitment of the Global Fund to transparency and accountability;
(D)
regular, publicly published financial, programmatic, and reporting audits of the Fund, its grantees, and Local Fund Agents are also important benchmarks of transparency;
(F)
relevant national authorities in recipient countries should exempt from duties and taxes all products financed by Global Fund grants and procured by any principal recipient or subrecipient for the purpose of carrying out such grants;
(G)
the Global Fund, UNAIDS, and the Global AIDS Coordinator should work together to standardize program indicators wherever possible;
(b)
Authority for United States participation
(1)
United States participation
The United States is hereby authorized to participate in the Global Fund.
(2)
Privileges and immunities
The Global Fund shall be considered a public international organization for purposes of section
288 of this title.
(3)
Statement of policy
The United States Government regards the imposition by recipient countries of taxes or tariffs on goods or services provided by the Global Fund, which are supported through public and private donations, including the substantial contribution of the American people, as inappropriate and inconsistent with standards of good governance. The Global AIDS Coordinator or other representatives of the United States Government shall work with the Global Fund to dissuade governments from imposing such duties, tariffs, or taxes.
(c)
Reports to Congress
Not later than 1 year after May 27, 2003, and annually thereafter for the duration of the Global Fund, the President shall submit to the appropriate congressional committees a report on the Global Fund, including contributions pledged to, contributions (including donations from the private sector) received by, and projects funded by the Global Fund, and the mechanisms established for transparency and accountability in the grant-making process.
(d)
United States financial participation
(1)
Authorization of appropriations
In addition to any other funds authorized to be appropriated for bilateral or multilateral HIV/AIDS, tuberculosis, or malaria programs, of the amounts authorized to be appropriated under section
7671 of this title, there are authorized to be appropriated to the President up to $2,000,000,000 for fiscal year 2009,,[1] and such sums as may be necessary for each of the fiscal years 2010 through 2013, for contributions to the Global Fund.
(2)
Availability of funds
Amounts appropriated under paragraph (1) are authorized to remain available until expended.
(3)
Reprogramming of fiscal year 2001 funds
(4)
Limitation
(A)
(i)
At any time during fiscal years 2009 through 2013, no United States contribution to the Global Fund may cause the total amount of United States Government contributions to the Global Fund to exceed 33 percent of the total amount of funds contributed to the Global Fund from all sources. Contributions to the Global Fund from the International Bank for Reconstruction and Development and the International Monetary Fund shall not be considered in determining compliance with this paragraph.
(ii)
If, at any time during any of the fiscal years 2009 through 2013, the President determines that the Global Fund has provided assistance to a country, the government of which the Secretary of State has determined, for purposes of section
2405
(j)(1) of title
50, Appendix, has repeatedly provided support for acts of international terrorism, then the United States shall withhold from its contribution for the next fiscal year an amount equal to the amount expended by the Fund to the government of each such country. The President may waive the application of this clause with respect to assistance for Sudan that is overseen by the Southern Country Coordinating Mechanism, including Southern Sudan, Southern Kordofan, Blue Nile State, and Abyei, if the President determines that the national interest or humanitarian reasons justify such a waiver. The President shall publish each waiver of this clause in the Federal Register and, not later than 15 days before the waiver takes effect, shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the proposed waiver.
(iii)
If at any time the President determines that the expenses of the Governing, Administrative, and Advisory Bodies (including the Partnership Forum, the Foundation Board, the Secretariat, and the Technical Review Board) of the Global Fund exceed 10 percent of the total expenditures of the Fund for any 2-year period, the United States shall withhold from its contribution for the next fiscal year an amount equal the to the average annual amount expended by the Fund for such 2-year period for the expenses of the Governing, Administrative, and Advisory Bodies in excess of 10 percent of the total expenditures of the Fund.
(iv)
The President may waive the application of clause (iii) if the President determines that extraordinary circumstances warrant such a waiver. No waiver under this clause may be for any period that exceeds 1 year.
(v)
If, at any time during any of the fiscal years 2004 through 2008, the President determines that the salary of any individual employed by the Global Fund exceeds the salary of the Vice President of the United States (as determined under section
104 of title
3) for that fiscal year, then the United States shall withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such individual exceeds the salary of the Vice President of the United States.
(B)
(i)
Any amount made available under this subsection that is withheld by reason of subparagraph (A)(i) shall be contributed to the Global Fund as soon as practicable, subject to subparagraph (A)(i), after additional contributions to the Global Fund are made from other sources.
(ii)
Any amount made available under this subsection that is withheld by reason of subparagraph (A)(iii) shall be transferred to the Activities to Combat HIV/AIDS Globally Fund and shall remain available under the same terms and conditions as funds appropriated pursuant to the authorization of appropriations under section
7671 of this title for HIV/AIDS assistance.
(iii)
Any amount made available under this subsection that is withheld by reason of clause (ii) or (iii) of subparagraph (A) is authorized to be made available to carry out section
2151b–2 of this title. Amounts made available under the preceding sentence are in addition to amounts appropriated pursuant to the authorization of appropriations under section
7671 of this title for HIV/AIDS assistance.
(C)
(i)
The President may suspend the application of subparagraph (A) with respect to a fiscal year if the President determines that an international health emergency threatens the national security interests of the United States.
(ii)
The President shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not less than 5 days before making a determination under clause (i) with respect to the application of subparagraph (A)(i) and shall include in the notification—
(5)
Withholding funds
Notwithstanding any other provision of this chapter, 20 percent of the amounts appropriated pursuant to this chapter for a contribution to support the Global Fund for each of the fiscal years 2010 through 2013 shall be withheld from obligation to the Global Fund until the Secretary of State certifies to the appropriate congressional committees that the Global Fund—
(A)
has established an evaluation framework for the performance of Local Fund Agents (referred to in this paragraph as “LFAs”);
(C)
has adopted, and is implementing, a policy to publish on a publicly available Web site—
(F)
has established a methodology to track and is publicly reporting on—
(G)
has established a policy on tariffs imposed by national governments on all goods and services financed by the Global Fund;
(H)
through its Secretariat, has taken meaningful steps to prevent national authorities in recipient countries from imposing taxes or tariffs on goods or services provided by the Fund;
(I)
is maintaining its status as a financing institution focused on programs directly related to HIV/AIDS, malaria, and tuberculosis;
(K)
has established procedures providing access by the Office of Inspector General of the Department of State and Broadcasting Board of Governors, as cognizant Inspector General, and the Inspector General of the Health and Human Services and the Inspector General of the United States Agency for International Development, to Global Fund financial data, and other information relevant to United States contributions (as determined by the Inspector General in consultation with the Global AIDS Coordinator).
(6)
Summaries of Board decisions and United States positions
Following each meeting of the Board of the Global Fund, the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall report on the public website of the Coordinator a summary of Board decisions and how the United States Government voted and its positions on such decisions.
(e)
Interagency technical review panel
(2)
Duties
The interagency technical review panel shall serve as a “shadow” panel to the Global Fund by—
(B)
providing guidance to the United States persons who are representatives on the panels, committees, and boards of the Global Fund, on the technical efficacy, suitability, and appropriateness of the proposals, and ensuring that such persons are fully informed of technical inadequacies or other aspects of the proposals that are inconsistent with the purposes of this chapter or any other Act relating to the provision of foreign assistance in the area of AIDS.
(f)
Monitoring by Comptroller General
(g)
Provision of information to Congress
The Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall make available to the Congress the following documents within 30 days of a request by the Congress for such documents:
(1)
All financial and accounting statements for the Global Fund and the Activities to Combat HIV/AIDS Globally Fund, including administrative and grantee statements.
(2)
Reports provided to the Global Fund and the Activities to Combat HIV/AIDS Globally Fund by organizations contracted to audit recipients of funds.
(h)
Sense of the Congress regarding encouragement of private contributions to the Global Fund
It is the sense of the Congress that the President should—
[1] So in original.