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(4) Sustaining existing public-private partnerships and
building new ones are critical to the success of the international
community’s efforts to combat HIV/AIDS and other infectious
diseases around the globe.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the sustainment and promotion of public-private part-
nerships should be a priority element of the strategy pursued
by the United States to combat the HIV/AIDS pandemic and
other global health crises; and
(2) the United States should systematically track the evo-
lution of these partnerships and work with others in the public
and private sector to profile and build upon those models that
are most effective.
SEC. 202. PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS,
TUBERCULOSIS AND MALARIA.
(a) FINDINGS.—The Congress finds as follows:
(1) The establishment of the Global Fund in January 2002
is consistent with the general principles for an international
AIDS trust fund first outlined by the Congress in the Global
AIDS and Tuberculosis Relief Act of 2000 (Public Law 106–
264).
(2) Section 2, Article 5 of the bylaws of the Global Fund
provides for the International Bank for Reconstruction and
Development to serve as the initial collection trustee for the
Global Fund.
(3) The trustee agreement signed between the Global Fund
and the International Bank for Reconstruction and Develop-
ment narrows the range of duties to include receiving and
investing funds from donors, disbursing the funds upon the
instruction of the Global Fund, reporting on trust fund
resources to donors and the Global Fund, and providing an
annual external audit report to the Global Fund.
(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 1 of the International Organizations Immunities Act
(22 U.S.C. 288).
(c) REPORTS TO CONGRESS.—Not later than 1 year after the
date of the enactment of this Act, 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 trans-
parency 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 multi-
lateral HIV/AIDS, tuberculosis, or malaria programs, of the
amounts authorized to be appropriated under section 401, there
are authorized to be appropriated to the President up to
$1,000,000,000 for the period of fiscal year 2004 beginning
on January 1, 2004, and such sums as may be necessary for
H. R. 1298—15
the fiscal years 2005–2008, 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.—Funds
made available for fiscal year 2001 under section 141 of the
Global AIDS and Tuberculosis Relief Act of 2000—
(A) are authorized to remain available until expended;
and
(B) shall be transferred to, merged with, and made
available for the same purposes as, funds made available
for fiscal years 2004 through 2008 under paragraph (1).
(4) LIMITATION.—
(A)(i) At any time during fiscal years 2004 through
2008, 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 para-
graph.
(ii) If, at any time during any of the fiscal years 2004
through 2008, the President determines that the Global
Fund has provided assistance to a country, the government
of which the Secretary of State has determined, for pur-
poses of section 6(j)(1) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(1)), 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.
(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 expendi-
tures 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 cir-
cumstances 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, United States
Code) for that fiscal year, then the United States shall
withhold from its contribution for the next fiscal year an
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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 sub-
section that is withheld by reason of subparagraph (A)(i)
shall be contributed to the Global Fund as soon as prac-
ticable, subject to subparagraph (A)(i), after additional con-
tributions 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 Glob-
ally Fund and shall remain available under the same terms
and conditions as funds appropriated pursuant to the
authorization of appropriations under section 401 for HIV/
AIDS assistance.
(iii) Any amount made available under this subsection
that is withheld by reason of clause (ii) or (iii) of subpara-
graph (A) is authorized to be made available to carry out
section 104A of the Foreign Assistance Act of 1961 (as
added by section 301 of this Act). Amounts made available
under the preceding sentence are in addition to amounts
appropriated pursuant to the authorization of appropria-
tions under section 401 of this Act for HIV/AIDS assistance.
(C)(i) The President may suspend the application of
subparagraph (A) with respect to a fiscal year if the Presi-
dent determines that an international health emergency
threatens the national security interests of the United
States.
(ii) The President shall notify the Committee on Inter-
national Relations 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—
(I) a justification as to why increased United States
Government contributions to the Global Fund is pref-
erable to increased United States assistance to combat
HIV/AIDS, tuberculosis, and malaria on a bilateral
basis; and
(II) an explanation as to why other government
donors to the Global Fund are unable to provide ade-
quate contributions to the Fund.
(e) INTERAGENCY TECHNICAL REVIEW PANEL.—
(1) ESTABLISHMENT.—The Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, estab-
lished in section 1(f)(1) of the State Department Basic Authori-
ties Act of 1956 (as added by section 102(a) of this Act), shall
establish in the executive branch an interagency technical
review panel.
(2) DUTIES.—The interagency technical review panel shall
serve as a ‘‘shadow’’ panel to the Global Fund by—
(A) periodically reviewing all proposals received by the
Global Fund; and
(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, suit-
ability, and appropriateness of the proposals, and ensuring
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that such persons are fully informed of technical inadequa-
cies or other aspects of the proposals that are inconsistent
with the purposes of this or any other Act relating to
the provision of foreign assistance in the area of AIDS.
(3) MEMBERSHIP.—The interagency technical review panel
shall consist of qualified medical and development experts who
are officers or employees of the Department of Health and
Human Services, the Department of State, and the United
States Agency for International Development.
(4) CHAIR.—The Coordinator referred to in paragraph (1)
shall chair the interagency technical review panel.
(f) MONITORING BY COMPTROLLER GENERAL.—
(1) MONITORING.—The Comptroller General shall monitor
and evaluate projects funded by the Global Fund.
(2) REPORT.—The Comptroller General shall on a biennial
basis shall prepare and submit to the appropriate congressional
committees a report that contains the results of the monitoring
and evaluation described in paragraph (1) for the preceding
2-year period.
(g) PROVISION OF INFORMATION TO CONGRESS.—The Coordinator
of United States Government Activities to Combat HIV/AIDS Glob-
ally 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.
(3) Project proposals submitted by applicants for funding
from the Global Fund and the Activities to Combat HIV/AIDS
Globally Fund, but which were not funded.
(4) Progress reports submitted to the Global Fund and
the Activities to Combat HIV/AIDS Globally Fund by grantees.
(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) conduct an outreach campaign that is designed to—
(A) inform the public of the existence of—
(i) the Global Fund; and
(ii) any entity that will accept private contributions
intended for use by the Global Fund; and
(B) encourage private contributions to the Global Fund;
and
(2) encourage private contributions intended for use by
the Global Fund by—
(A) establishing and operating an Internet website,
and publishing information about the website; and
(B) making public service announcements on radio and
television.
SEC. 203. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL VACCINE
FUNDS.
(a) VACCINE FUND.—Section 302(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2222(k)) is amended—