PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA.

SEC. 202. PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA.(a) Findings; Sense of Congress.—Section 202(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(a)) is amended to read as follows:“(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).“(B) The Global Fund is an innovative financing mechanism which—“(i) has made progress in many areas in combating HIV/AIDS, tuberculosis, and malaria; and122 STAT. 2937“(ii) represents the multilateral component of this Act, extending United States efforts to more than 130 countries around the world.“(C) The Global Fund and United States bilateral assistance programs—“(i) are demonstrating increasingly effective coordination, with each possessing certain comparative advantages in the fight against HIV/AIDS, tuberculosis, and malaria; and“(ii) often work most effectively in concert with each other.“(D) The United States Government—“(i) is the largest supporter of the Global Fund in terms of resources and technical support;“(ii) made the founding contribution to the Global Fund; and“(iii) is fully committed to the success of the Global Fund as a multilateral public-private partnership.“(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—“(i) improving risk assessment and risk management capabilities;“(ii) providing clearer guidance for and oversight of Local Fund Agents; and“(iii) strengthening the Office of the Inspector General for the Global Fund;“(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;“(E) the Global Fund should establish and maintain a system to track—“(i) the amount of funds disbursed to each subrecipient on the grant’s fiscal cycle; and“(ii) the distribution of resources, by grant and principal recipient, for prevention, care, treatment, drug and commodity purchases, and other purposes;“(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;“(H) for purposes of evaluating total amounts of funds contributed to the Global Fund under subsection 122 STAT. 2938 (d)(4)(A)(i), the timetable for evaluations of contributions from sources other than the United States should take into account the fiscal calendars of other major contributors; and“(I) the Global Fund should not support activities involving the ‘Affordable Medicines Facility-Malaria’ or similar entities pending compelling evidence of success from pilot programs as evaluated by the Coordinator of United States Government Activities to Combat Malaria Globally.”.(b) Statement of Policy.—Section 202(b) of such Act is amended by adding at the end the following:“(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) United States Financial Participation.—Section 202(d) of such Act (22 U.S.C. 7622(d)) is amended—(1) in paragraph (1)—(A) by striking “$1,000,000,000 for the period of fiscal year 2004 beginning on January 1, 2004” and inserting “$2,000,000,000 for fiscal year 2009,”; and(B) by striking “the fiscal years 2005–2008” and inserting “each of the fiscal years 2010 through 2013”;(2) in paragraph (4)—(A) in subparagraph (A)—(i) in clause (i), by striking “fiscal years 2004 through 2008” and inserting “fiscal years 2009 through 2013”;(ii) in clause (ii)—(I) by striking “during any of the fiscal years 2004 through 2008” and inserting “during any of the fiscal years 2009 through 2013”; and(II) by adding at the end the following: “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.”; and(iii) in clause (vi)—(I) by striking “for the purposes” and inserting “For the purposes”;122 STAT. 2939(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 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’);“(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 General, 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 performance data and funding of grants of the Global Fund, which shall cover all principal recipients and all subrecipients;“(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 disbursed 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;122 STAT. 2940“(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 sectors, 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.”.