H. R. 5501—22 
(II) by striking ‘‘fiscal years 2004 through 
2008’’ and inserting ‘‘fiscal years 2009 through 
2013’’; and 
(III) by striking ‘‘prior to fiscal year 2004’’ 
and inserting ‘‘before fiscal year 2009’’; 
(B) in subparagraph (B)(iv), by striking ‘‘fiscal years 
2004 through 2008’’ and inserting ‘‘fiscal years 2009 
through 2013’’; and 
(C) in subparagraph (C)(ii), by striking ‘‘Committee 
on International Relations’’ and inserting ‘‘Committee on 
Foreign Affairs’’; and 
(3) by adding at the end the following: 
‘‘(5) WITHHOLDING
FUNDS.—Notwithstanding any other 
provision of this Act, 20 percent of the amounts appropriated 
pursuant to this Act 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 Sec-
retary 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 para-
graph as ‘LFAs’); 
‘‘(B) is undertaking a systematic assessment of the 
performance of LFAs; 
‘‘(C) has adopted, and is implementing, a policy to 
publish on a publicly available Web site— 
‘‘(i) grant performance reviews; 
‘‘(ii) all reports of the Inspector General of the 
Global Fund, in a manner that is consistent with the 
Policy for Disclosure of Reports of the Inspector Gen-
eral, approved at the 16th Meeting of the Board of 
the Global Fund; 
‘‘(iii) decision points of the Board of the Global 
Fund; 
‘‘(iv) reports from Board committees to the Board; 
and 
‘‘(v) a regular collection and analysis of perform-
ance data and funding of grants of the Global Fund, 
which shall cover all principal recipients and all sub-
recipients; 
‘‘(D) is maintaining an independent, well-staffed Office 
of the Inspector General that— 
‘‘(i) reports directly to the Board of the Global 
Fund; and 
‘‘(ii) compiles regular, publicly published audits of 
financial, programmatic, and reporting aspects of the 
Global Fund, its grantees, and LFAs; 
‘‘(E) has established, and is reporting publicly on, 
standard indicators for all program areas; 
‘‘(F) has established a methodology to track and is 
publicly reporting on— 
‘‘(i) all subrecipients and the amount of funds dis-
bursed to each subrecipient on the grant’s fiscal cycle; 
and 
‘‘(ii) the distribution of resources, by grant and 
principal recipient, for prevention, care, treatment, 
drugs and commodities purchase, and other purposes;
H. R. 5501—23 
‘‘(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; 
‘‘(J) is maintaining and making progress on— 
‘‘(i) sustaining its multisectoral approach, through 
country coordinating mechanisms; and 
‘‘(ii) the implementation of grants, as reflected in 
the proportion of resources allocated to different sec-
tors, including governments, civil society, and faith- 
and community-based organizations; and 
‘‘(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.’’. 
SEC. 203. RESEARCH ON METHODS FOR WOMEN TO PREVENT TRANS-
MISSION OF HIV AND OTHER DISEASES. 
(a) SENSE OF CONGRESS.—Congress recognizes the need and 
urgency to expand the range of interventions for preventing the 
transmission of human immunodeficiency virus (HIV), including 
nonvaccine prevention methods that can be controlled by women. 
(b) NIH OFFICE OF AIDS RESEARCH.—Subpart 1 of part D 
of title XXIII of the Public Health Service Act (42 U.S.C. 300cc– 
40 et seq.) is amended by inserting after section 2351 the following: 
‘‘SEC. 2351A. MICROBICIDE RESEARCH. 
‘‘(a) FEDERAL STRATEGIC PLAN.—The Director of the Office 
shall— 
‘‘(1) expedite the implementation of the Federal strategic 
plans required by section 403(a) of the Public Health Service 
Act (42 U.S.C. 283(a)(5)) regarding the conduct and support 
of research on, and development of, a microbicide to prevent 
the transmission of the human immunodeficiency virus; and 
‘‘(2) review and, as appropriate, revise such plan to 
prioritize funding and activities relative to their scientific 
urgency and potential market readiness.
H. R. 5501—24 
‘‘(b) 
COORDINATION.—In 
implementing, 
reviewing, 
and 
prioritizing elements of the plan described in subsection (a), the 
Director of the Office shall consult, as appropriate, with— 
‘‘(1) representatives of other Federal agencies involved in 
microbicide research, including the Coordinator of United 
States Government Activities to Combat HIV/AIDS Globally, 
the Director of the Centers for Disease Control and Prevention, 
and the Administrator of the United States Agency for Inter-
national Development; 
‘‘(2) the microbicide research and development community; 
and 
‘‘(3) health advocates.’’. 
(c) NATIONAL INSTITUTE
OF ALLERGY
AND INFECTIOUS DIS-
EASES.—Subpart 6 of part C of title IV of the Public Health Service 
Act (42 U.S.C. 285f et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 447C. MICROBICIDE RESEARCH AND DEVELOPMENT. 
‘‘The Director of the Institute, acting through the head of the 
Division of AIDS, shall, consistent with the peer-review process 
of the National Institutes of Health, carry out research on, and 
development of, safe and effective methods for use by women to 
prevent the transmission of the human immunodeficiency virus, 
which may include microbicides.’’. 
(d) CDC.—Part B of title III of the Public Health Service 
Act (42 U.S.C. 243 et seq.) is amended by inserting after section 
317S the following: 
‘‘SEC. 317T. MICROBICIDE RESEARCH. 
‘‘(a) IN GENERAL.—The Director of the Centers for Disease 
Control and Prevention is strongly encouraged to fully implement 
the Centers’ microbicide agenda to support research and develop-
ment of microbicides for use to prevent the transmission of the 
human immunodeficiency virus. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary for each of 
fiscal years 2009 through 2013 to carry out this section.’’. 
(e) UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOP-
MENT.— 
(1) IN GENERAL.—The Administrator of the United States 
Agency for International Development, in coordination with 
the Coordinator of United States Government Activities to Com-
bat HIV/AIDS Globally, may facilitate availability and accessi-
bility of microbicides, provided that such pharmaceuticals are 
approved, tentatively approved, or otherwise authorized for use 
by— 
(A) the Food and Drug Administration; 
(B) a stringent regulatory agency acceptable to the 
Secretary of Health and Human Services; or 
(C) a quality assurance mechanism acceptable to the 
Secretary of Health and Human Services. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts 
authorized to be appropriated under section 401 of the United 
States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (22 U.S.C. 7671) for HIV/AIDS assistance, 
there are authorized to be appropriated to the President such 
sums as may be necessary for each of the fiscal years 2009 
through 2013 to carry out this subsection.
H. R. 5501—25 
SEC. 204. COMBATING HIV/AIDS, TUBERCULOSIS, AND MALARIA BY 
STRENGTHENING HEALTH POLICIES AND HEALTH SYS-
TEMS OF PARTNER COUNTRIES. 
(a) IN GENERAL.—Title II of the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 
7621) is amended by adding at the end the following: 
‘‘SEC. 204. COMBATING HIV/AIDS, TUBERCULOSIS, AND MALARIA BY 
STRENGTHENING HEALTH POLICIES AND HEALTH SYS-
TEMS OF PARTNER COUNTRIES. 
‘‘(a) STATEMENT OF POLICY.—It shall be the policy of the United 
States Government— 
‘‘(1) to invest appropriate resources authorized under this 
Act— 
‘‘(A) to carry out activities to strengthen HIV/AIDS, 
tuberculosis, and malaria health policies and health sys-
tems; and 
‘‘(B) to provide workforce training and capacity- 
building consistent with the goals and objectives of this 
Act; and 
‘‘(2) to support the development of a sound policy environ-
ment in partner countries to increase the ability of such coun-
tries— 
‘‘(A) to maximize utilization of health care resources 
from donor countries; 
‘‘(B) to increase national investments in health and 
education and maximize the effectiveness of such invest-
ments; 
‘‘(C) to improve national HIV/AIDS, tuberculosis, and 
malaria strategies; 
‘‘(D) to deliver evidence-based services in an effective 
and efficient manner; and 
‘‘(E) to reduce barriers that prevent recipients of serv-
ices from achieving maximum benefit from such services. 
‘‘(b) ASSISTANCE TO IMPROVE PUBLIC FINANCE MANAGEMENT 
SYSTEMS.— 
‘‘(1) IN GENERAL.—Consistent with the authority under sec-
tion 129 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2152), the Secretary of the Treasury, acting through the head 
of the Office of Technical Assistance, is authorized to provide 
assistance for advisors and partner country finance, health, 
and other relevant ministries to improve the effectiveness of 
public finance management systems in partner countries to 
enable such countries to receive funding to carry out programs 
to combat HIV/AIDS, tuberculosis, and malaria and to manage 
such programs. 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts 
authorized to be appropriated under section 401 for HIV/AIDS 
assistance, there are authorized to be appropriated to the Sec-
retary of the Treasury such sums as may be necessary for 
each of the fiscal years 2009 through 2013 to carry out this 
subsection. 
‘‘(c) PLAN
REQUIRED.—The Global AIDS Coordinator, in 
collaboration with the Administrator of the United States Agency 
for International Development (USAID), shall develop and imple-
ment a plan to combat HIV/AIDS by strengthening health policies 
and health systems of partner countries as part of USAID’s ‘Health