22 U.S.C. § 7612a — HIV/AIDS Working Capital Fund

Page 1978 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7612a and personnel resources, from funds appro- priated pursuant to the authorization of appro- priations under section 7671 of this title for HIV/ AIDS assistance, that shall be assigned to and under the direct control of the Coordinator of United States Government Activities to Combat HIV/AIDS Globally to establish and maintain the duties and supporting activities assigned to the Coordinator by this chapter and the amend- ments made by this chapter. (c) Establishment of separate account There is established in the general fund of the Treasury a separate account which shall be known as the ‘‘Activities to Combat HIV/AIDS Globally Fund’’ and which shall be administered by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally. There shall be deposited into the Fund all amounts ap- propriated pursuant to the authorization of ap- propriations under section 7671 of this title for HIV/AIDS assistance, except for amounts appro- priated for United States contributions to the Global Fund. (d) Sense of Congress It is the sense of Congress that— (1) full-time country level coordinators, pref- erably with management experience, should head each HIV/AIDS country team for United States missions overseeing significant HIV/ AIDS programs; (2) foreign service nationals provide criti- cally important services in the design and im- plementation of United States country-level HIV/AIDS programs and their skills and expe- rience as public health professionals should be recognized within hiring and compensation practices; and (3) staffing levels for United States country- level HIV/AIDS teams should be adequately maintained to fulfill oversight and other obli- gations of the positions. (Pub. L. 108–25, title I, § 102, May 27, 2003, 117 Stat. 721; Pub. L. 110–293, title I, § 103, July 30, 2008, 122 Stat. 2935.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. CODIFICATION Section is comprised of section 102 of Pub. L. 108–25. Subsec. (a) of section 102 of Pub. L. 108–25 amended sec- tion 2651a of this title. AMENDMENTS 2008—Subsec. (d). Pub. L. 110–293 added subsec. (d). Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 7612a. HIV/AIDS Working Capital Fund (1) In furtherance of the purposes of section 2151b–2 of this title, and to assist in providing a safe, secure, reliable, and sustainable supply chain of pharmaceuticals and other products needed to provide care and treatment of persons with HIV/AIDS and related infections, the Coor- dinator of the United States Government Activi- ties to Combat HIV/AIDS Globally (the ‘‘Coordi- nator’’) is authorized to establish an HIV/AIDS Working Capital Fund (in this section referred to as the ‘‘HIV/AIDS Fund’’). (2) Funds deposited during any fiscal year in the HIV/AIDS Fund shall be available without fiscal year limitation and used for pharma- ceuticals and other products needed to provide care and treatment of persons with HIV/AIDS and related infections, including, but not lim- ited to— (A) anti-retroviral drugs; (B) other pharmaceuticals and medical items needed to provide care and treatment to per- sons with HIV/AIDS and related infections; (C) laboratory and other supplies for per- forming tests related to the provision of care and treatment to persons with HIV/AIDS and related infections; (D) other medical supplies needed for the op- eration of HIV/AIDS treatment and care cen- ters, including products needed in programs for the prevention of mother-to-child trans- mission; (E) pharmaceuticals and health commodities needed for the provision of palliative care; and (F) laboratory and clinical equipment, as well as equipment needed for the transpor- tation and care of HIV/AIDS supplies, and other equipment needed to provide prevention, care and treatment of HIV/AIDS described above. (3) There may be deposited during any fiscal year in the HIV/AIDS Fund payments for HIV/ AIDS pharmaceuticals and products provided from the HIV/AIDS Fund received from applica- ble appropriations and funds of the United States Agency for International Development, the Department of Health and Human Services, the Department of Defense, or other Federal agencies and other sources at actual cost of the HIV/AIDS pharmaceuticals and other products, actual cost plus the additional costs of pro- viding such HIV/AIDS pharmaceuticals and other products, or at any other price agreed to by the Coordinator or his designee. (4) There may be deposited in the HIV/AIDS Fund payments for the loss of, or damage to, HIV/AIDS pharmaceuticals and products held in the HIV/AIDS Fund, rebates, reimbursements, refunds and other credits applicable to the oper- ation of the HIV/AIDS Fund. (5) At the close of each fiscal year the Coordi- nator may transfer out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas such amounts as the Coordinator determines to be in excess of the needs of the HIV/AIDS Fund. (6) At the close of each fiscal year the Coordi- nator shall submit a report to the Committees on Appropriations detailing the financial activi- ties of the HIV/AIDS Fund, including sources of income and information regarding disburse- ments. Page 1979 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7622 (Pub. L. 108–447, div. D, title V, § 525(b), Dec. 8, 2004, 118 Stat. 3000.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Oper- ations, Export Financing, and Related Programs Ap- propriations Act, 2005, and also as part of the Consoli- dated Appropriations Act, 2005, and not as part of the United States Leadership Against HIV/AIDS, Tuber- culosis, and Malaria Act of 2003 which comprises this chapter. SUBCHAPTER II—SUPPORT FOR MULTILAT- ERAL FUNDS, PROGRAMS, AND PUBLIC- PRIVATE PARTNERSHIPS § 7621. Sense of Congress on public-private part- nerships (a) Findings Congress makes the following findings: (1) Innovative partnerships between govern- ments and organizations in the private sector (including foundations, universities, corpora- tions, faith-based and community-based orga- nizations, and other nongovernmental organi- zations) have proliferated in recent years, par- ticularly in the area of health. (2) Public-private sector partnerships mul- tiply local and international capacities to strengthen the delivery of health services in developing countries and to accelerate re- search for vaccines and other pharmaceutical products that are essential to combat infec- tious diseases decimating the populations of these countries. (3) These partnerships maximize the unique capabilities of each sector while combining fi- nancial and other resources, scientific knowl- edge, and expertise toward common goals which neither the public nor the private sector can achieve alone. (4) Sustaining existing public-private part- nerships and building new ones are critical to the success of the international community’s efforts to combat HIV/AIDS and other infec- tious diseases around the globe. (b) Sense of Congress It is the sense of Congress that— (1) the sustainment and promotion of public- private partnerships should be a priority ele- ment 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 evolution of these partnerships and work with others in the public and private sec- tor to profile and build upon those models that are most effective. (Pub. L. 108–25, title II, § 201, May 27, 2003, 117 Stat. 723.) § 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 gen- eral 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.]. (B) The Global Fund is an innovative fi- nancing mechanism which— (i) has made progress in many areas in combating HIV/AIDS, tuberculosis, and malaria; and (ii) represents the multilateral compo- nent of this chapter, extending United States efforts to more than 130 countries around the world. (C) The Global Fund and United States bi- lateral assistance programs— (i) are demonstrating increasingly effec- tive coordination, with each possessing certain comparative advantages in the fight against HIV/AIDS, tuberculosis, and malaria; and (ii) often work most effectively in con- cert 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 viabil- ity 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 In- spector 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 nec- essary 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 trans- parency; (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 preven- tion, care, treatment, drug and commodity purchases, and other purposes; (F) relevant national authorities in recipi- ent countries should exempt from duties and