22 U.S.C. § 7621 — Sense of Congress on public-private part-

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