S.Amdt. 5080

1. Adds SEC. 502. CONTRIBUTIONS TO THE GLOBAL FUND TO FIGHT HIV/AIDS, TUBERCULOSIS AND MALARIA at the end of the bill

   Adds a section

   In S. 2731 · Reported to Senate

   (B) by striking "vulnerable children affected by" and inserting "other children affected by, or vulnerable to,".

   Inserted: SEC. 502. CONTRIBUTIONS TO THE GLOBAL FUND TO FIGHT HIV/AIDS, TUBERCULOSIS AND MALARIA.

   Inserted: (a) Short Title.--This section may be cited as the "Accountability for United States Taxpayer Contributions to the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria Act".

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Global fund.--The term "Global Fund" means any Global Fund to Fight HIV/AIDS, Tuberculosis, and Malaria agency, commission, conference, council, court, department, forum, fund, institute, office, organization, partnership, program, subsidiary body, tribunal, trust, university or academic body, related organization, or subsidiary body, wherever located, that uses the Global Fund name, or is authorized to use the Global Fund logo, and their funding recipients and subrecipients.

   Inserted: (2) Oversight information.--The term "oversight information" includes--

   Inserted: (A) internally and externally commissioned audits, program reviews, performance reports, and evaluations, including reports of the Inspector General of the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria;

   Inserted: (B) financial statements, records, and billing systems;

   Inserted: (C) program budgets and program budget implications, including revised estimates and reports produced by or provided to the Executive Director and the Executive Director's agents on budget related matters;

   Inserted: (D) operational plans, budgets, and budgetary analyses;

   Inserted: (E) analyses and reports regarding the scale of current and future resource needs;

   Inserted: (F) databases and other data systems containing financial or programmatic information;

   Inserted: (G) documents or other records alleging or involving improper use of resources, misconduct, mismanagement, or other violations of rules and regulations applicable to the Global Fund;

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   Inserted: (H) documentation related to activities of the Global Fund regarding quality, safety and efficacy of pharmaceuticals and medical or public health chemicals and devices eligible for procurement with Global Fund funding or applying for eligibility for such procurement; and

   Inserted: (I) other documentation relevant to the audit and investigative work of the United States Inspector General for Contributions to the Global Fund.

   Inserted: (3) Transparency certification.--The term "Transparency Certification" means an annual, written affirmation by the Executive Director of the Global Fund that the Global Fund will cooperate with the Inspector General, including by providing the Inspector General, upon request, with full access to oversight information.

   Inserted: (4) United states contribution.--The term "United States contribution" means a voluntary contribution, whether financial, in-kind, or otherwise, from the United States Government to the Global Fund, including contributions passed through other entities for ultimate use by the Global Fund.

   Inserted: (c) Establishment and Management of the Office of the United States Inspector General for Contributions to the Global Fund.--

   Inserted: (1) Establishment.--There is established the Office of the United States Inspector General for Contributions to the Global Fund (referred to in this subsection as the "Global Fund Contributions Office").

   Inserted: (2) Purpose.--The purpose of this subsection is to facilitate--

   Inserted: (A) independent and objective audits and investigations relating to United States contributions; and

   Inserted: (B) the use of such contributions by the Global Fund--

   Inserted: (i) to eliminate and deter waste, fraud, and abuse in the use of such contributions; and

   Inserted: (ii) to develop greater transparency, accountability, and internal controls throughout the Global Fund.

   Inserted: (3) Inspector general.--

   Inserted: (A) Appointment.--The Global Fund Contributions Office shall be headed by the Inspector General for Contributions to the Global Fund (referred to in this subsection as the "Inspector General"), who shall be appointed by the President, not later than 30 days after the date of the enactment of this Act, on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.

   Inserted: (B) Removal.--The Inspector General may be removed from office by the President, who shall communicate the reasons for any such removal to the Senate and the House of Representatives.

   Inserted: (C) Compensation.--The Inspector General shall be paid at the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

   Inserted: (D) Relationship to board.--

   Inserted: (i) In general.--Except as provided under clause (ii), the Inspector General shall report directly to, and be under the general supervision of, the Board of Overseers established under paragraph (4).

   Inserted: (ii) Independence.--The Board, any officer of the Board, and any officer of the Federal Government may not prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation.

   Inserted: (E) Duties.--The Inspector General shall--

   Inserted: (i) conduct, supervise, and coordinate audits and investigations of--

   Inserted: (I) the treatment, handling, expenditure, and use of United States contributions by and to the Global Fund; and

   Inserted: (II) the adequacy of accounting, oversight, quality assurance, and internal control mechanisms at the Global Fund;

   Inserted: (ii) establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties described in clause (i);

   Inserted: (iii) carry out the duties described in clauses (i) and (ii) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.);

   Inserted: (iv) collect and maintain current records regarding Transparency Certifications by the Global Fund; and

   Inserted: (v) fully and promptly inform Congress and the Board of Overseers regarding how the Global Fund is spending United States contributions through reports, testimony, document transfers, and briefings.

   Inserted: (F) Referrals.--

   Inserted: (i) To appropriate law enforcement entities.--The Inspector General shall promptly report to the law enforcement entity of jurisdiction if the Inspector General has reasonable grounds to believe that a criminal law of such jurisdiction has been violated by the Global Fund or by an employee, grantee, contractor, or representative of the Global Fund.

   Inserted: (ii) To executive director.--The Inspector General shall promptly report to the Executive Director, as appropriate, regarding cases in which the Inspector General reasonably believes that--

   Inserted: (I) mismanagement, misfeasance, or malfeasance is likely to have taken place within the Global Fund; and

   Inserted: (II) disciplinary proceedings are likely justified.

   Inserted: (G) Personnel, facilities, and other resources.--The Inspector General may--

   Inserted: (i) select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General;

   Inserted: (ii) obtain services authorized under section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-15 of the General Schedule by section 5332 of such title;

   Inserted: (iii) lease, purchase, or otherwise acquire, improve, and use such real property as may be necessary for carrying out this subsection; and

   Inserted: (iv) to the extent, and in such amounts as may be appropriated in advance--

   Inserted: (I) enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and

   Inserted: (II) make such payments as may be necessary to carry out the duties of the Inspector General.

   Inserted: (H) Use of detailees.--

   Inserted: (i) In general.--Upon request by the Inspector General, the head of an agency may detail any employee of such agency to the Global Fund Contributions Office on a reimbursable basis.

   Inserted: (ii) Effect on benefits.--Any employee detailed pursuant to clause (i) shall remain an employee of the agency from which detailed for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits.

   Inserted: (I) Cooperation by federal government entities.--

   Inserted: (i) In general.--In carrying out the duties, responsibilities, and authorities of the Inspector General under this subsection, the Inspector General shall receive the cooperation of inspectors general of other Federal agencies.

   Inserted: (ii) Information and assistance.--Upon request of the Inspector General for information or assistance from any Federal department, agency, or other entity, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee.

   Inserted: (iii) Reporting requirement.--If information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall immediately report the circumstances of such refusal to the Board of Directors and to the appropriate congressional committees.

   Inserted: (J) Confirmation of transparency by the global fund.--

   Inserted: (i) Prompt notice by inspector general.--If information or assistance requested from the Global Fund by the Inspector General pursuant to a Transparency Certification is, in the opinion of the Inspector General, unreasonably refused or not provided in a timely manner, the Inspector General shall immediately provide written notification of the circumstances of such refusal to--

   Inserted: (I) the Board of Overseers; and

   Inserted: (II) the Executive Director of the Global Fund.

   Inserted: (ii) Notice of compliance.--If the information or assistance being sought by the Inspector General in connection with a notification pursuant to clause (i) is provided to the satisfaction of the Inspector General, the Inspector General shall submit written notification of such fact to--

   Inserted: (I) the Global Fund;

   Inserted: (II) the Board of Overseers; and

   Inserted: (III) the appropriate congressional committees.

   Inserted: (iii) Noncompliance.--If the information or assistance being sought by the Inspector General in connection with a notification pursuant to clause (i) is not provided to the satisfaction of the Inspector General within 90 days after such notification--

   Inserted: (I) the Global Fund is deemed to be noncompliant with its Transparency Certification; and

   Inserted: (II) the Inspector General shall submit prompt, written notification of that fact to the Board of Overseers, appropriate congressional committees, the Executive Director of the Global Fund and any office or agency of the Federal Government that has provided the Global Fund with any United States contribution during the most recent 2 years.

   Inserted: (iv) Restoration of compliance.--

   Inserted: (I) In general.--The Board of Overseers may reverse a finding of Transparency Certification noncompliance pursuant to clause (iii) by an affirmative vote of at least 3 of the 4 members of the Board of Overseers listed in clauses (i) through (iv) of paragraph (4)(C).

   Inserted: (II) Notification.--Upon reversing a noncompliance finding under subclause (H), the Board of Overseers shall promptly provide notification of such restoration and a description of the basis for such decision, to the Inspector General, appropriate congressional committees, the Executive Director of the Global Fund and the head of any office or agency of the Federal Government that has provided the Global Fund with any United States contribution during the most recent 2 years.

   Inserted: (v) Cost reimbursement.--The Inspector General may reimburse the Global Fund for the reasonable cost of providing to the Inspector General information or assistance sought pursuant to a Transparency Certification for the purpose of performing the duties described in subparagraph (E).

   Inserted: (K) Reports.--

   Inserted: (i) Audit and investigation reports.--Promptly upon completion, the Inspector General shall provide copies of each audit and investigation report completed pursuant to subparagraph (F) to the Board of Overseers, the appropriate congressional committees, and, to the extent permissible under Federal law, the Executive Director of the Global Fund.

   Inserted: (ii) Semiannual reports.--Not later than May 30, 2009, and semiannually thereafter, the Inspector General shall submit a report to the appropriate congressional committees that--

   Inserted: (I) meets the requirements of section 5 of the Inspector General Act of 1978 (5 U.S.C. App.);

   Inserted: (II) includes a list and detailed description of the circumstances surrounding any notification of noncompliance issued pursuant to subparagraph (K)(iii) during the covered time frame; and

   Inserted: (III) describes whether and when Board of Overseers has reversed such finding of noncompliance.

   Inserted: (iii) Prohibited disclosures.--Nothing in this paragraph may be construed to authorize the public disclosure of information that is--

   Inserted: (I) specifically prohibited from disclosure by any other provision of law; or

   Inserted: (II) a part of an ongoing criminal investigation in the United States.

   Inserted: (iv) Privacy protections.--The Inspector General shall exempt from public disclosure information received from the Global Fund or developed during an audit or investigation that the Inspector General believes--

   Inserted: (I) constitutes a trade secret or privileged and confidential personal financial information;

   Inserted: (II) accuses a particular person of a crime;

   Inserted: (III) would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; and

   Inserted: (IV) would compromise an ongoing law enforcement investigation or judicial trial in the United States.

   Inserted: (v) Publication.--Except as provided under clauses (iii) and (iv), the Inspector General shall promptly publish each report under this paragraph on a publicly available and searchable Internet Website.

   Inserted: (4) Board of overseers.--

   Inserted: (A) Establishment.--The Global Fund Contributions Office shall have a Board of Overseers.

   Inserted: (B) Duties.--The Board of Overseers shall--

   Inserted: (i) receive information and reports of audits and investigations from the Global Fund Contributions Office and the Inspector General;

   Inserted: (ii) provide general direction and supervision to the Global Fund Contributions Office and the Inspector General; and

   Inserted: (iii) determine the restoration of compliance by the Global Fund with its Transparency Certification pursuant to paragraph (3)(J)(iv).

   Inserted: (C) Membership.--The Board of Overseers shall be comprised of the following 6 members:

   Inserted: (i) The Secretary of State (or the Secretary's designee).

   Inserted: (ii) The Secretary of Health and Human Services (or the Secretary's designee).

   Inserted: (iii) The Secretary of the Treasury (or the Secretary's designee).

   Inserted: (iv) The Director of the Office of Management and Budget (or the Director's designee).

   Inserted: (v) The Global AIDS Coordinator.

   Inserted: (vi) The Malaria Coordinator.

   Inserted: (D) Chairman.--The Director of the Office of Management and Budget (or the Director's designee) shall serve as chairman of the Board of Overseers for the 1-year period beginning on the date of the enactment of this Act. The chairmanship shall annual rotate among the members of the Board of Overseers listed in clauses (i) through (iv) of subparagraph (C).

   Inserted: (d) Transparency for United States Contributions.--

   Inserted: (1) Funding prerequisites.--Notwithstanding any other provision of law, no funds made available for use as a United States contribution to the Global Fund may be obligated or expended if--

   Inserted: (A) the Global Fund has not provided to the Inspector General within the preceding year a Transparency Certification; or

   Inserted: (B) the Global Fund is deemed to be noncompliant with its Transparency Certification under subsection (c)(J)(iii).

   Inserted: (2) Treatment of funds withheld for noncompliance.--On the last day of each fiscal year, any funds appropriated for use as a United States contribution to the Global Fund during that fiscal year that have not been obligated or expended because of the restrictions described in paragraph (3)--

   Inserted: (A) shall be returned to the United States Treasury;

   Inserted: (B) are not subject to reprogramming for any other use; and

   Inserted: (C) shall not be considered arrears to be repaid to the Global Fund.

   Inserted: (e) Allocation of Appropriations.--For each of the fiscal years 2009 through 2013, not less than 0.5 percent of the amounts otherwise appropriated for United States contributions shall be made available to carry out this section.

   Original wording

   At the end of the bill, insert the following:

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As printed