Pub.L. 108-026 To extend the Temporary Extended Unemployment Compensation Act of 2002. <> ...

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                type of partnerships that will be created to maximize 
                the capabilities of these private sector entities and to 
                leverage resources.
                    (P) A description of the ways in which United States 
                leadership will be used to enhance the overall 
                international response to the HIV/AIDS pandemic and 
                particularly to heighten the engagement of the member 
                states of the G-8 and to strengthen key financial and 
                coordination mechanisms such as the Global Fund and 
                UNAIDS.
                    (Q) A description of the manner in which the United 
                States strategy for combating HIV/AIDS relates to and 
                supports other United States assistance strategies in 
                developing countries.
                    (R) A description of the programs to be carried out 
                under the strategy that are specifically targeted at 
                women and girls to educate them about the spread of HIV/
                AIDS.
                    (S) A description of efforts being made to address 
                the unique needs of families with children with respect 
                to HIV/AIDS, including efforts to preserve the family 
                unit.
                    (T) An analysis of the emigration of critically 
                important medical and public health personnel, including 
                physicians,

[[Page 117 STAT. 721]]

                nurses, and supervisors from sub-Saharan African 
                countries that are acutely impacted by HIV/AIDS, 
                including a description of the causes, effects, and the 
                impact on the stability of health infrastructures, as 
                well as a summary of incentives and programs that the 
                United States could provide, in concert with other 
                private and public sector partners and international 
                organizations, to stabilize health institutions by 
                encouraging critical personnel to remain in their home 
                countries.
                    (U) A description of the specific strategies 
                developed to promote sustainability of HIV/AIDS 
                pharmaceuticals (including antiretrovirals) and the 
                effects of drug resistance on HIV/AIDS patients.
                    (V) A description of the specific strategies to 
                ensure that the extraordinary benefit of HIV/AIDS 
                pharmaceuticals (especially antiretrovirals) are not 
                diminished through the illegal counterfeiting of 
                pharmaceuticals and black market sales of such 
                pharmaceuticals.
                    (W) An analysis of the prevalence of Human Papilloma 
                Virus (HPV) in sub-Saharan Africa and the impact that 
                condom usage has upon the spread of HPV in sub-Saharan 
                Africa.

    (c) Study; Distribution of Resources.--
            (1) Study.--Not <<NOTE: Deadline. Publication.>> later than 
        3 years after the date of the enactment of this Act, the 
        Institute of Medicine shall publish findings comparing the 
        success rates of the various programs and methods used under the 
        strategy described in subsection (a) to reduce, prevent, and 
        treat HIV/AIDS, tuberculosis, and malaria.
            (2) Distribution <<NOTE: President.>> of resources.--In 
        prioritizing the distribution of resources under the strategy 
        described in subsection (a), the President shall consider the 
        findings published by the Institute of Medicine under this 
        subsection.

SEC. 102. <<NOTE: 22 USC 7612.>> HIV/AIDS RESPONSE COORDINATOR.

    (a) Establishment of Position.--Section 1 of the State Department 
Basic Authorities Act of <<NOTE: 22 USC 2651a.>> 1956 (22 U.S.C. 265(a)) 
is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:

    ``(f) HIV/AIDS Response Coordinator.--
            ``(1) In general.--There <<NOTE: President.>> shall be 
        established within the Department of State in the immediate 
        office of the Secretary of State a Coordinator of United States 
        Government Activities to Combat HIV/AIDS Globally, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate. The Coordinator shall report directly to the 
        Secretary.
            ``(2) Authorities and duties; definitions.--
                    ``(A) Authorities.--The Coordinator, acting through 
                such nongovernmental organizations (including faith-
                based and community-based organizations) and relevant 
                executive branch agencies as may be necessary and 
                appropriate to effect the purposes of this section, is 
                authorized--
                          ``(i) to operate internationally to carry out 
                      prevention, care, treatment, support, capacity 
                      development, and other activities for combatting 
                      HIV/AIDS;

[[Page 117 STAT. 722]]

                          ``(ii) to transfer and allocate funds to 
                      relevant executive branch agencies; and
                          ``(iii) to provide grants to, and enter into 
                      contracts with, nongovernmental organizations 
                      (including faith-based and community-based 
                      organizations) to carry out the purposes of 
                      section.
                    ``(B) Duties.--
                          ``(i) In general.--The Coordinator shall have 
                      primary responsibility for the oversight and 
                      coordination of all resources and international 
                      activities of the United States Government to 
                      combat the HIV/AIDS pandemic, including all 
                      programs, projects, and activities of the United 
                      States Government relating to the HIV/AIDS 
                      pandemic under the United States Leadership 
                      Against HIV/AIDS, Tuberculosis, and Malaria Act of 
                      2003 or any amendment made by that Act.
                          ``(ii) Specific duties.--The duties of the 
                      Coordinator shall specifically include the 
                      following:
                                    ``(I) Ensuring program and policy 
                                coordination among the relevant 
                                executive branch agencies and 
                                nongovernmental organizations, including 
                                auditing, monitoring, and evaluation of 
                                all such programs.
                                    ``(II) Ensuring that each relevant 
                                executive branch agency undertakes 
                                programs primarily in those areas where 
                                the agency has the greatest expertise, 
                                technical capabilities, and potential 
                                for success.
                                    ``(III) Avoiding duplication of 
                                effort.
                                    ``(IV) Ensuring coordination of 
                                relevant executive branch agency 
                                activities in the field.
                                    ``(V) Pursuing coordination with 
                                other countries and international 
                                organizations.
                                    ``(VI) Resolving policy, program, 
                                and funding disputes among the relevant 
                                executive branch agencies.
                                    ``(VII) Directly approving all 
                                activities of the United States 
                                (including funding) relating to 
                                combatting HIV/AIDS in each of Botswana, 
                                Cote d'Ivoire, Ethiopia, Guyana, Haiti, 
                                Kenya, Mozambique, Namibia, Nigeria, 
                                Rwanda, South Africa, Tanzania, Uganda, 
                                Zambia, and other countries designated 
                                by the President, which other designated 
                                countries may include those countries in 
                                which the United States is implementing 
                                HIV/AIDS programs as of the date of the 
                                enactment of the United States 
                                Leadership Against HIV/AIDS, 
                                Tuberculosis, and Malaria Act of 2003.
                                    ``(VIII) Establishing due diligence 
                                criteria for all recipients of funds 
                                section and all activities subject to 
                                the coordination and appropriate 
                                monitoring, evaluation, and audits 
                                carried out by the Coordinator necessary 
                                to assess the measurable outcomes of 
                                such activities.
                    ``(C) Definitions.--In this paragraph:
                          ``(i) AIDS.--The term `AIDS' means acquired 
                      immune deficiency syndrome.

[[Page 117 STAT. 723]]

                          ``(ii) HIV.--The term `HIV' means the human 
                      immunodeficiency virus, the pathogen that causes 
                      AIDS.
                          ``(iii) HIV/AIDS.--The term `HIV/AIDS' means, 
                      with respect to an individual, an individual who 
                      is infected with HIV or living with AIDS.
                          ``(iv) Relevant executive branch agencies.--
                      The term `relevant executive branch agencies' 
                      means the Department of State, the United States 
                      Agency for International Development, the 
                      Department of Health and Human Services (including 
                      the Public Health Service), and any other 
                      department or agency of the United States that 
                      participates in international HIV/AIDS activities 
                      pursuant to the authorities of such department or 
                      agency or this Act.''.

    (b) Resources.--Not <<NOTE: Deadline. President.>> later than 90 
days after the date of enactment of this Act, the President shall 
specify the necessary financial and personnel resources, from funds 
appropriated pursuant to the authorization of appropriations under 
section 401 for HIV/AIDS assistance, that shall be assigned to and under 
the direct control of the Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally to establish and maintain the 
duties and supporting activities assigned to the Coordinator by this Act 
and the amendments made by this Act.

    (c) Establishment of Separate Account.--There is established in the 
general fund of the Treasury a separate account which shall be known as 
the ``Activities to Combat HIV/AIDS Globally Fund'' and which shall be 
administered by the Coordinator of United States Government Activities 
to Combat HIV/AIDS Globally. There shall be deposited into the Fund all 
amounts appropriated pursuant to the authorization of appropriations 
under section 401 for HIV/AIDS assistance, except for amounts 
appropriated for United States contributions to the Global Fund.

 TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE 
                              PARTNERSHIPS

SEC. 201. <<NOTE: 22 USC 7621.>> SENSE OF CONGRESS ON PUBLIC-PRIVATE 
            PARTNERSHIPS.

    (a) Findings.--Congress makes the following findings:
            (1) Innovative partnerships between governments and 
        organizations in the private sector (including foundations, 
        universities, corporations, faith-based and community-based 
        organizations, and other nongovernmental organizations) have 
        proliferated in recent years, particularly in the area of 
        health.
            (2) Public-private sector partnerships multiply local and 
        international capacities to strengthen the delivery of health 
        services in developing countries and to accelerate research for 
        vaccines and other pharmaceutical products that are essential to 
        combat infectious diseases decimating the populations of these 
        countries.
            (3) These partnerships maximize the unique capabilities of 
        each sector while combining financial and other resources, 
        scientific knowledge, and expertise toward common goals which 
        neither the public nor the private sector can achieve alone.

[[Page 117 STAT. 724]]

            (4) Sustaining existing public-private partnerships and 
        building new ones are critical to the success of the 
        international community's efforts to combat HIV/AIDS and other 
        infectious 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 element 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 sector to profile and build upon those models 
        that are most effective.

SEC. 202. <<NOTE: 22 USC 7622.>> PARTICIPATION IN THE GLOBAL FUND TO 
            FIGHT AIDS, TUBERCULOSIS AND MALARIA.

    (a) Findings.--The Congress finds as follows:
            (1) The establishment of the Global Fund in January 2002 is 
        consistent with the general principles for an international AIDS 
        trust fund first outlined by the Congress in the Global AIDS and 
        Tuberculosis Relief Act of 2000 (Public Law 106-264).
            (2) Section 2, Article 5 of the bylaws of the Global Fund 
        provides for the International Bank for Reconstruction and 
        Development to serve as the initial collection trustee for the 
        Global Fund.
            (3) The trustee agreement signed between the Global Fund and 
        the International Bank for Reconstruction and Development 
        narrows the range of duties to include receiving and investing 
        funds from donors, disbursing the funds upon the instruction of 
        the Global Fund, reporting on trust fund resources to donors and 
        the Global Fund, and providing an annual external audit report 
        to the Global Fund.

    (b) Authority for United States Participation.--
            (1) United states participation.--The United States is 
        hereby authorized to participate in the Global Fund.
            (2) Privileges and immunities.--The Global Fund shall be 
        considered a public international organization for purposes of 
        section 1 of the International Organizations Immunities Act (22 
        U.S.C. 288).

    (c) Reports to Congress.--Not <<NOTE: Deadline. President.>> later 
than 1 year after the date of the enactment of this Act, 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.

    (d) United States Financial Participation.--
            (1) Authorization of appropriations.--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 401, there 
        are authorized to be appropriated to the President up to 
        $1,000,000,000 for the period of fiscal year 2004 beginning on 
        January 1, 2004, and such sums as may be necessary for

[[Page 117 STAT. 725]]

        the fiscal years 2005-2008, for contributions to the Global 
        Fund.
            (2) Availability of funds.--Amounts appropriated under 
        paragraph (1) are authorized to remain available until expended.
            (3) Reprogramming of fiscal year 2001 funds.--Funds made 
        available for fiscal year 2001 under section 141 of the Global 

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