[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1966 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1966

                  To reauthorize HIV/AIDS assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

   Mr. Lugar introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
                  To reauthorize HIV/AIDS assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HIV/AIDS Assistance Reauthorization 
Act of 2007''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 401(a) of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671(a)) (in this Act 
referred to as the ``Act'') is amended by inserting after ``2008'' the 
following: ``, $30,000,000,000 for fiscal years 2009 through 2013, and 
such sums as may be necessary for each fiscal year thereafter''.

SEC. 3. MODIFICATIONS TO ALLOCATION OF FUNDS.

    (a) Promotion of Abstinence, Fidelity, and Other Preventative 
Measures.--Section 403(a) of the Act (22 U.S.C. 7673(a)) is amended to 
read as follows:
    ``(a) Promotion of Abstinence, Fidelity, and Other Preventative 
Measures.--Not less than 50 percent of the amounts appropriated 
pursuant to the authorization of appropriations under section 401 and 
available for programs and activities that include a priority emphasis 
on public health measures to prevent the sexual transmission of HIV 
shall be dedicated to abstinence and fidelity as components of a 
comprehensive approach including abstinence, fidelity, and the correct 
and consistent use of condoms, consistent with other provisions of law 
and the epidemiology of HIV infection in a given country. Programs and 
activities that implement or purchase new prevention technologies or 
modalities such as medical male circumcision, pre-exposure prophylaxis, 
or microbicides shall not be included in determining compliance with 
this subsection.''.
    (b) Extension of Orphans and Vulnerable Children Funding 
Requirement.--Section 403(b) of the Act (22 U.S.C. 7673(b)) is amended 
by striking ``2008'' and inserting ``2013''.

SEC. 4. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) On May 30, 2007, President George W. Bush announced his 
        intent to double the commitment of the United States to fight 
        global HIV/AIDS with a new $30,000,000,000, 5-year proposal to 
        reauthorize the United States Leadership Against HIV/AIDS, 
        Tuberculosis, and Malaria Act of 2003.
            (2) With the enactment of the President's fiscal year 2008 
        budget, the United States Government will have committed 
        $18,000,000,000 to the President's Emergency Plan for AIDS 
        Relief (PEPFAR), which exceeds the original 5-year, 
        $15,000,000,000 commitment.
            (3) After 3 years of PEPFAR implementation, the American 
        people have supported treatment of 1,100,000 people in the 15 
        focus countries, including more than 1,000,000 people in 
        Africa.
            (4) PEPFAR is on track to meet its 5-year goals to support 
        treatment for 2,000,000 people, prevention of 7,000,000 new 
        infections, and care for 10,000,000 people, including orphans 
        and vulnerable children.
            (5) The success of PEPFAR is rooted in support for country-
        owned strategies and programs with commitment of resources and 
        dedication to results, achieved through the power of 
        partnerships with governments, with nongovernmental, faith-
        based, and community-based organizations, and with the private 
        sector.
            (6) United States efforts to address global HIV/AIDS will 
        be multiplied by engaging in partnerships with countries 
        dedicating to fighting their HIV epidemics and with 
        multilateral partners, such as the Global Fund, which can help 
        leverage international resources and build upon the efforts of 
        the United States to combat global HIV/AIDS. In his 
        announcement of his intent to double the commitment of the 
        United States to fight global HIV/AIDS, President Bush 
        reiterated his call for developed and developing countries, in 
        particular middle-income countries where projections suggest 
        many new infections will occur, to increase their contributions 
        to fighting AIDS. HIV/AIDS is a global crisis that requires a 
        global response. The United States currently provides as many 
        resources for global HIV/AIDS as all other developed country 
        governments combined. But only together can we turn the tide 
        against the global epidemic.
    (b) Purpose.--It is the purpose of this Act to expand PEPFAR, 
including the expansion of life-saving treatment, comprehensive 
prevention programs, and care for those in need, including orphans and 
vulnerable children, in the next 5-year period as a signal of the 
commitment of the United States to support, strengthen, and expand 
United States and global efforts to address these health crises in 
partnership with others.

SEC. 5. UNITED STATES FINANCIAL PARTICIPATION IN THE GLOBAL FUND.

    (a) Authority To Increase Proportional Support.--Section 202(d) of 
the Act (22 U.S.C. 7622(d)) is amended by adding at the end the 
following new paragraph:
            ``(5) Authority to increase proportional support.--
                    ``(A) Findings.--Congress makes the following 
                findings:
                            ``(i) The Global Fund to Fight AIDS, 
                        Tuberculosis and Malaria is an innovative 
                        financing mechanism to combat the three 
                        diseases, and it has made progress in many 
                        areas.
                            ``(ii) The United States Government is the 
                        largest supporter of the Fund, both in terms of 
                        resources and technical support.
                            ``(iii) The United States made the founding 
                        contribution to the Funds, remains committed to 
                        the original vision for the Fund, and is fully 
                        committed to its success.
                    ``(B) Authority.--The President may increase 
                proportional support for the Fund, within the amount 
                authorized to be appropriated by this Act, if 
                benchmarks for performance, accountability, and 
                transparency are satisfactorily met, and if the Fund 
                remains committed to its founding principles. The 
                United States Global AIDS Coordinator should consider 
                the benchmarks set forth in subparagraphs (C) and (D) 
                in assessing whether to make the annual contribution of 
                the United States Government to the Fund.
                    ``(C) Benchmarks related to transparency and 
                accountability.--Increased proportional support for the 
                Fund should be based upon achievement of the following 
                benchmarks related to transparency and accountability:
                            ``(i) As recommended by the Government 
                        Accountability Office, the Fund Secretariat has 
                        established standardized expectations for the 
                        performance of Local Fund Agents (LFAs), is 
                        undertaking a systematic assessment of the 
                        performance of LFAs, and is making available 
                        for public review, according to the Fund 
                        Board's policies and practices on disclosure of 
                        information, a regular collection and analysis 
                        of performance data of Fund grants, which shall 
                        cover both Principal Recipients and sub-
                        recipients.
                            ``(ii) A well-staffed, independent Office 
                        of the Inspector General reports directly to 
                        the Board and is responsible for regular, 
                        publicly published audits of both financial and 
                        programmatic and reporting aspects of the Fund, 
                        its grantees, and LFAs.
                            ``(iii) The Fund Secretariat has 
                        established and is reporting publicly on 
                        standard indicators for all program areas.
                            ``(iv) The Fund Secretariat has established 
                        a database that tracks all sub-recipients and 
                        the amounts of funds disbursed to each, as well 
                        as the distribution of resources, by grant and 
                        Principal Recipient, for prevention, care, 
                        treatment, the purchases of drugs and 
                        commodities, and other purposes.
                            ``(v) The Fund Board has established a 
                        penalty to offset tariffs imposed by national 
                        governments on all goods and services provided 
                        by the Fund.
                            ``(vi) The Fund Board has successfully 
                        terminated its Administrative Services 
                        Agreement with the World Health Organization 
                        and completed the Fund Secretariat's transition 
                        to a fully independent status under the 
                        Headquarters Agreement the Fund has established 
                        with the Government of Switzerland.
                    ``(D) Benchmarks related to principles of fund.--
                Increased proportional support for the Fund should be 
                based upon achievement of the following benchmarks 
                related to the founding principles of the Fund:
                            ``(i) The Fund must maintain its status as 
                        a financing institution.
                            ``(ii) The Fund must remain focused on 
                        programs directly related to HIV/AIDS, malaria, 
                        and tuberculosis.
                            ``(iii) The Fund Board must maintain its 
                        Comprehensive Funding Policy, which requires 
                        confirmed pledges to cover the full amount of 
                        new grants before the Board approves them.
                            ``(iv) The Fund must maintain and make 
                        progress on sustaining its multi-sectoral 
                        approach, through Country Coordinating 
                        Mechanisms (CCMs) and in the implementation of 
                        grants, as reflected in percent and resources 
                        allocated to different sectors, including 
                        governments, civil society, and faith- and 
                        community-based organizations.''.
    (b) Extension of Authorization.--Section 202(d) of such Act is 
further amended by striking ``2008'' each place it appears and 
inserting ``2013''.
                                 <all>