Congress makes the following findings:
It is the sense of Congress that-
The United States is hereby authorized to participate in the Global Fund.
The Global Fund shall be considered a public international organization for purposes of section 288 of this title.
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.
Not later than 1 year after May 27, 2003, and annually thereafter for the duration of the Global Fund, the President shall submit to the appropriate congressional committees a report on the Global Fund, including contributions pledged to, contributions (including donations from the private sector) received by, and projects funded by the Global Fund, and the mechanisms established for transparency and accountability in the grant-making process.
In addition to any other funds authorized to be appropriated for bilateral or multilateral HIV/AIDS, tuberculosis, or malaria programs, of the amounts authorized to be appropriated under section 7671 of this title, there are authorized to be appropriated to the President up to $2,000,000,000 for fiscal year 2009,,1 and such sums as may be necessary for each of the fiscal years 2010 through 2013, for contributions to the Global Fund.
Amounts appropriated under paragraph (1) are authorized to remain available until expended.
Funds made available for fiscal year 2001 under section 141 of the Global AIDS and Tuberculosis Relief Act of 2000 [22 U.S.C. 6841] -
Notwithstanding any other provision of this chapter, 20 percent of the amounts appropriated pursuant to this chapter for a contribution to support the Global Fund for each of the fiscal years 2010 through 2024 and for fiscal year 2025 through March 25 of such fiscal year shall be withheld from obligation to the Global Fund until the Secretary of State certifies to the appropriate congressional committees that the Global Fund-
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.
The Coordinator of United States Government Activities to Combat HIV/AIDS Globally, established in section 2651a(f)(1) of this title, shall establish in the executive branch an interagency technical review panel.
The interagency technical review panel shall serve as a "shadow" panel to the Global Fund by-
The interagency technical review panel shall consist of qualified medical and development experts who are officers or employees of the Department of Health and Human Services, the Department of State, and the United States Agency for International Development.
The Coordinator referred to in paragraph (1) shall chair the interagency technical review panel.
The Comptroller General shall monitor and evaluate projects funded by the Global Fund.
The Comptroller General shall on a biennial basis shall prepare and submit to the appropriate congressional committees a report that contains the results of the monitoring and evaluation described in paragraph (1) for the preceding 2-year period.
The Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall make available to the Congress the following documents within 30 days of a request by the Congress for such documents:
It is the sense of the Congress that the President should-
1So in original.
2See References in Text note below.
22 U.S.C. § 7622
EDITORIAL NOTES
REFERENCES IN TEXTThe Global AIDS and Tuberculosis Relief Act of 2000, referred to in subsec. (a)(1)(A), is Pub. L. 106-264, 114 Stat. 748, which is classified principally to chapter 76 (§6801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables.This chapter, referred to in subsecs. (a)(1)(B)(ii), (d)(5), and (e)(2)(B), was in the original a reference to this Act, meaning Pub. L. 108-25, 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.Section 4605(j)(1) of title 50, referred to in subsec. (d)(4)(A)(ii), was repealed by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions similar to those in former section 4605(j)(1) of title 50 can be found in section 4813(c)(1)(A) of title 50, as enacted by Pub. L. 115-232.
AMENDMENTS2024-Subsec. (d)(4)(A)(i), (ii). Pub. L. 118-47, §7072(b)(1)(A)(i), (ii), substituted "March 25 of fiscal year 2025" for "2023".Subsec. (d)(4)(B)(iii). Pub. L. 118-47, §7072(b)(1)(B), substituted "2024 and March 25 of fiscal year 2025" for "2023".Subsec. (d)(5). Pub. L. 118-47, §7072(b)(2), in introductory provisions, substituted "2024 and for fiscal year 2025 through March 25 of such fiscal year" for "2023". 2018-Subsec. (d)(4)(A)(i). Pub. L. 115-305, §3(1)(A)(i), substituted "fiscal years 2004 through 2023" for "fiscal years 2009 through 2018".Subsec. (d)(4)(A)(ii). Pub. L. 115-305, §3(1)(A)(ii), substituted "2023" for "2018". Subsec. (d)(4)(A)(vi). Pub. L. 115-305, §3(1)(A)(iii), struck out cl. (vi) which read as follows: "For the purposes of clause (i), 'funds contributed to the Global Fund from all sources' means funds contributed to the Global Fund at any time during fiscal years 2009 through 2018 that are not contributed to fulfill a commitment made for a fiscal year before fiscal year 2009."Subsec. (d)(4)(B)(ii). Pub. L. 115-305, §3(1)(B)(i)-(iii), redesignated cl. (iii) as (ii), inserted "or section 2151b-3 or 2151b-4 of this title" after "section 2151b-2 of this title", struck out "for HIV/AIDS assistance" after "section 7671 of this title", and struck out former cl. (ii) which read as follows: "Any amount made available that is withheld by reason of subparagraph (A)(iii) shall be transferred to the Activities to Combat HIV/AIDS Globally Fund and shall remain available under the same terms and conditions as funds appropriated to carry out section 2151b-2 of this title for HIV/AIDS assistance." Subsec. (d)(4)(B)(iii), (iv). Pub. L. 115-305, §3(1)(B)(ii), (iv), redesignated cl. (iv) as (iii) and substituted "2023" for "2018". Former cl. (iii) redesignated (ii).Subsec. (d)(5). Pub. L. 115-305, §3(2), substituted "2023" for "2018" in introductory provisions. 2013-Subsec. (d)(4)(A)(i). Pub. L. 113-56, §4(a)(1)(A), substituted "2018" for "2013".Subsec. (d)(4)(A)(ii). Pub. L. 113-56, §4(a)(1)(B), substituted "2018" for "2013" and struck out at end "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."Subsec. (d)(4)(A)(vi). Pub. L. 113-56, §4(a)(1)(C), substituted "2018" for "2013".Subsec. (d)(4)(B). Pub. L. 113-56, §4(a)(2)(A), struck out "under this subsection" after "amount made available" in cls. (i) to (iv).Subsec. (d)(4)(B)(ii). Pub. L. 113-56, §4(a)(2)(B), substituted "to carry out section 2151b-2 of this title" for "pursuant to the authorization of appropriations under section 7671 of this title".Subsec. (d)(4)(B)(iv). Pub. L. 113-56, §4(a)(2)(C), substituted "2018" for "2013". Subsec. (d)(5). Pub. L. 113-56, §4(b)(1)(A), substituted "2018" for "2013" in introductory provisions.Subsec. (d)(5)(C). Pub. L. 113-56, §4(b)(1)(B)(i), inserted "in an open, machine readable format" after "site" in introductory provisions.Subsec. (d)(5)(C)(v). Pub. L. 113-56, §4(b)(1)(B)(ii), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: "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;".Subsec. (d)(5)(D)(ii). Pub. L. 113-56, §4(b)(1)(C), inserted ",in an open, machine readable format," after "audits".Subsec. (d)(5)(E). Pub. L. 113-56, §4(b)(1)(D), inserted ",in an open, machine readable format," after "publicly".Subsec. (d)(5)(F)(ii) to (iv). Pub. L. 113-56, §4(b)(1)(E), added cls. (ii) to (iv) and struck out former cl. (ii) which read as follows: "the distribution of resources, by grant and principal recipient, for prevention, care, treatment, drugs and commodities purchase, and other purposes;".Subsec. (d)(5)(G). Pub. L. 113-56, §4(b)(1)(F), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "has established a policy on tariffs imposed by national governments on all goods and services financed by the Global Fund;". 2008-Subsec. (a). Pub. L. 110-293, §202(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) stated findings of Congress.Subsec. (b)(3). Pub. L. 110-293, §202(b), added par. (3).Subsec. (d)(1). Pub. L. 110-293, §202(c)(1), substituted "$2,000,000,000 for fiscal year 2009," for "$1,000,000,000 for the period of fiscal year 2004 beginning on January 1, 2004" and "each of the fiscal years 2010 through 2013" for "the fiscal years 2005-2008". Subsec. (d)(4)(A)(i). Pub. L. 110-293, §202(c)(2)(A)(i), substituted "fiscal years 2009 through 2013" for "fiscal years 2004 through 2008".Subsec. (d)(4)(A)(ii). Pub. L. 110-293, §202(c)(2)(A)(ii), substituted "during any of the fiscal years 2009 through 2013" for "during any of the fiscal years 2004 through 2008" and inserted at end "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."Subsec. (d)(4)(A)(vi). Pub. L. 110-293, §202(c)(2)(A)(iii), substituted "For the purposes" for "for the purposes", "fiscal years 2009 through 2013" for "fiscal years 2004 through 2008", and "before fiscal year 2009" for "prior to fiscal year 2004". Subsec. (d)(4)(B)(iv). Pub. L. 110-293, §202(c)(2)(B), substituted "fiscal years 2009 through 2013" for "fiscal years 2004 through 2008".Subsec. (d)(4)(C)(ii). Pub. L. 110-293, §202(c)(2)(C), substituted "Committee on Foreign Affairs" for "Committee on International Relations".Subsec. (d)(5), (6). Pub. L. 110-293, §202(c)(3), added pars. (5) and (6). 2004-Subsec. (d)(4)(A)(vi). Pub. L. 108-199, §595(1), added cl. (vi). Subsec. (d)(4)(B)(iv). Pub. L. 108-199, §595(2), added cl. (iv).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONSFor 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, and Memorandum of President of Feb. 23, 2004, 69 F.R. 9509, set out as a note under section 7611 of this title.
- AIDS
- The term "AIDS" means the acquired immune deficiency syndrome.
- Global AIDS Coordinator
- The term "Global AIDS Coordinator" means the Coordinator of United States Government Activities to Combat HIV/AIDS Globally.
- Global Fund
- The term "Global Fund" means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria established pursuant to Article 80 of the Swiss Civil Code.
- HIV/AIDS
- The term "HIV/AIDS" means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
- appropriate congressional committees
- The term "appropriate congressional committees" means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives.