1.This Act may be cited as the
HIV/AIDS Assistance Reauthorization
Act of 2007
.
2.Authorization of
appropriationsSection 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
.
3.Modifications to allocation of
funds
(a)Promotion of abstinence, fidelity, and
other preventative measuresSection 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 measuresNot 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 requirementSection 403(b) of the Act (22 U.S.C.
7673(b)) is amended by striking 2008
and inserting
2013
.
4.
(a)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)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.
5.United States financial participation in
the Global Fund
(a)Authority To increase proportional
supportSection 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)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)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
accountabilityIncreased
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
FundIncreased 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 authorizationSection 202(d) of such Act is further
amended by striking 2008
each place it appears and inserting
2013
.