TRANSPARENCY AND ACCOUNTABILITY

TRANSPARENCY AND ACCOUNTABILITYSec. 668. (a) Public Disclosure.—Ten percent of the funds appropriated in this Act under the heading “International Organizations and Programs” for a contribution to any United Nations agency may be withheld from disbursement if the Secretary of State reports to the Committees on Appropriations that such agency does not have or is not implementing a policy of posting on a publicly available website information such as: (1) audits, budget reports, and information related to procurement activities; (2) procedures for protecting whistleblowers; and (3) efforts to ensure the independence of internal oversight bodies, adopt international public sector accounting standards, and limit administrative costs.(b) United Nations Development Program.—Twenty percent of the funds appropriated by this Act under the heading “International Organizations and Programs” for a United States contribution to the United Nations Development Program (UNDP) shall be withheld from disbursement until the Secretary of State reports to the Committees on Appropriations that UNDP is—(1) giving adequate access to information to the Department of State regarding UNDP’s programs and activities as requested, including in North Korea and Burma;(2) conducting oversight of UNDP programs and activities globally; and(3) implementing a whistleblower protection policy equivalent to that recommended by the United Nations Secretary General on December 3, 2007.(c)(1) World Bank.—Ten percent of the funds appropriated by this Act under the heading “International Development Association” shall be withheld from disbursement until the Secretary of the Treasury reports to the Committees on Appropriations that—(A) the World Bank has made publicly available, in an appropriate manner, financial disclosure forms of senior World 121 STAT. 2352 Bank personnel, including those at the level of managing director, vice president, and above;(B) the World Bank has established a plan and maintains a schedule for conducting regular, independent audits of internal management controls and procedures for meeting operational objectives, and is making reports describing the scope and findings of such audits available to the public;(C) the World Bank is adequately staffing and sufficiently funding the Department of Institutional Integrity;(D) the World Bank has made publicly available the reports of the Department of Institutional Integrity, and any subsequent review of corrective actions for such reports, including, but not limited to, the November 23, 2005 “Report of Investigation into Reproductive and Child Health I Project Credit N0180 India”, and the May 2006 report on Credit Number 3703 DRC, Grant number H193 DRC, and Grant number H010 DRC; and(E) the World Bank is implementing the recommendations of the “Volcker Panel” report in a timely manner.(2) Anticorruption Provisions.—In addition to the funds withheld in subsection (b)(1), 10 percent of the funds appropriated by this Act under the heading “International Development Association” shall be withheld from disbursement until the Secretary of the Treasury reports to the Committees on Appropriations on the extent to which the World Bank has completed the following:(A) World Bank procurement guidelines, including the World Bank’s Standard Bidding Documents, have been applied to all procurement financed in whole or in part by a loan from the World Bank or a credit agreement or grant from the International Development Association (IDA);(B) the World Bank maintains a strong central procurement office staffed with senior experts who are designated to address commercial concerns, questions, and complaints regarding procurement procedures and payments under IDA and World Bank projects;(C) thresholds for international competitive bidding have been established to maximize international competitive bidding in accordance with sound procurement practices, including transparency, competition, and cost-effective results for the Borrowers;(D) the World Bank is consulting with the appropriate private and public sector representatives regarding implementation of the country procurement pilots outlined in the June 2007 report to the Board; and(E) all countries selected for the procurement pilot program must adhere to all World Bank anti-fraud and anti-corruption policies and must demonstrate a strong anti-fraud enforcement record.(d) Report.—(1)(A) The Comptroller General of the United States shall conduct an assessment of the programs and activities funded under the heading “Millennium Challenge Corporation” (MCC) in this Act and prior Acts making appropriations for foreign operations, export financing, and related programs to include a review of the financial controls and procurement practices of the Corporation and its accountable entities, and the results achieved by MCC’s compacts.121 STAT. 2353(B) Of the funds appropriated under the heading “Millennium Challenge Corporation” in this Act, up to $250,000 shall be made available to the Comptroller for the requirements of subsection (1)(A).(2)(A) The Comptroller General of the United States shall conduct an assessment of the HIV/AIDS programs and activities funded under the headings “Child Survival and Health Programs Fund”, “Global HIV/AIDS Initiative”, and “Global Health and Child Survival” in this Act and prior Acts making appropriations for foreign operations, export financing, and related programs to include a review of the procurement and results monitoring activities of United States bilateral HIV/AIDS programs. The assessment should also address the impact of Global HIV/AIDS Initiative funding on other United States global health programming.(B) Of the funds appropriated under the heading “Global Health and Child Survival”, up to $125,000 shall be made available to the Comptroller for the requirements of subsection (2)(A).(e) National Budget Transparency.—(1) None of the funds appropriated by this Act may be made available for assistance for the central government of any country that fails to make publicly available on an annual basis its national budget, to include income and expenditures.(2) The Secretary of State may waive subsection (e)(1) if the Secretary reports to the Committees on Appropriations that to do so is in the national interests of the United States.(3) The reporting requirement pursuant to section 585(b) of Public Law 108–7 regarding fiscal transparency and accountability in countries whose central governments receive United States foreign assistance shall apply to this Act.