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II 116TH CONGRESS 2D SESSION S. 3829 To advance the global health security and diplomacy objectives of the United States, improve coordination among the relevant Federal departments and agencies implementing United States foreign assistance for global health security, and more effectively enable partner countries to strength- en and sustain resilient health systems and supply chains with the resources, capacity, and personnel required to prevent, detect, mitigate, and respond to infectious disease threats before they become pandemics, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 21, 2020 Mr. RISCH (for himself, Mr. MURPHY, and Mr. CARDIN) introduced the fol- lowing bill; which was read twice and referred to the Committee on For- eign Relations A BILL To advance the global health security and diplomacy objec- tives of the United States, improve coordination among the relevant Federal departments and agencies imple- menting United States foreign assistance for global health security, and more effectively enable partner coun- tries to strengthen and sustain resilient health systems and supply chains with the resources, capacity, and per- sonnel required to prevent, detect, mitigate, and respond to infectious disease threats before they become pandemics, and for other purposes. VerDate Sep 11 2014 03:31 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S3829.IS S3829 rfrederick on DSKBCBPHB2PROD with BILLS
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TH D CONGRESS SESSION S. 3829 · 4 SEC. 101. PARTNER COUNTRY DEFINED. 5 In this title, the term ‘‘partner country’’ means a 6 country in which the relevant Federal departments

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Page 1: TH D CONGRESS SESSION S. 3829 · 4 SEC. 101. PARTNER COUNTRY DEFINED. 5 In this title, the term ‘‘partner country’’ means a 6 country in which the relevant Federal departments

II

116TH CONGRESS 2D SESSION S. 3829

To advance the global health security and diplomacy objectives of the United

States, improve coordination among the relevant Federal departments

and agencies implementing United States foreign assistance for global

health security, and more effectively enable partner countries to strength-

en and sustain resilient health systems and supply chains with the

resources, capacity, and personnel required to prevent, detect, mitigate,

and respond to infectious disease threats before they become pandemics,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 21, 2020

Mr. RISCH (for himself, Mr. MURPHY, and Mr. CARDIN) introduced the fol-

lowing bill; which was read twice and referred to the Committee on For-

eign Relations

A BILL To advance the global health security and diplomacy objec-

tives of the United States, improve coordination among

the relevant Federal departments and agencies imple-

menting United States foreign assistance for global

health security, and more effectively enable partner coun-

tries to strengthen and sustain resilient health systems

and supply chains with the resources, capacity, and per-

sonnel required to prevent, detect, mitigate, and respond

to infectious disease threats before they become

pandemics, and for other purposes.

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Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Global Health Security 4

and Diplomacy Act of 2020’’. 5

SEC. 2. DEFINITIONS. 6

In this Act: 7

(1) APPROPRIATE CONGRESSIONAL COMMIT-8

TEES.—The term ‘‘appropriate congressional com-9

mittees’’ means— 10

(A) the Committee on Foreign Relations 11

and the Committee on Appropriations of the 12

Senate; and 13

(B) the Committee on Foreign Affairs and 14

the Committee on Appropriations of the House 15

of Representatives. 16

(2) GLOBAL HEALTH SECURITY AGENDA.—The 17

term ‘‘Global Health Security Agenda’’ means the 18

multi-sectoral initiative launched in 2014 and re-19

newed in 2017 that brings together countries, re-20

gions, international organizations, nongovernmental 21

organizations, and the private sector to elevate glob-22

al health security as a national-level priority, share 23

best practices, and facilitate national capacity to 24

comply with and adhere to the World Health Orga-25

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nization International Health Regulations, the World 1

Organization for Animal Health international stand-2

ards and guidelines, United Nations Security Coun-3

cil Resolution 1540 (2004), the Biological Weapons 4

Convention, and other relevant frameworks that con-5

tribute to global health security. 6

(3) GLOBAL HEALTH SECURITY AGENDA JOINT 7

EXTERNAL EVALUATION.—The term ‘‘Global Health 8

Security Agenda Joint External Evaluation’’ means 9

the voluntary, collaborative, multi-sectoral process to 10

assess country capacity to prevent, detect, and rap-11

idly respond to public health risks occurring natu-12

rally or due to deliberate or accidental events, assess 13

progress in achieving the targets under the World 14

Health Organization International Health Regula-15

tions, and recommend priority actions. 16

(4) GLOBAL HEALTH SECURITY INDEX.—The 17

term ‘‘Global Health Security Index’’ means the 18

comprehensive assessment and benchmarking of 19

health security and related capabilities across the 20

195 countries that make up the States Parties to 21

the World Health Organization International Health 22

Regulations. 23

(5) KEY STAKEHOLDERS.—The term ‘‘key 24

stakeholders’’ means actors engaged in efforts to ad-25

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vance global health security programs and objectives, 1

including— 2

(A) national and local governments in 3

partner countries; 4

(B) other bilateral donors; 5

(C) international and regional organiza-6

tions; 7

(D) international, regional, and local finan-8

cial institutions; 9

(E) international, regional, and local pri-10

vate voluntary, nongovernmental, faith-based, 11

and civil society organizations; 12

(F) representatives of historically margin-13

alized groups, including women and youth; 14

(G) the private sector, including medical 15

device, technology, and pharmaceutical compa-16

nies; and 17

(H) public and private research and aca-18

demic institutions. 19

(6) ONE HEALTH APPROACH.—The term ‘‘One 20

Health approach’’ means the collaborative, multi-sec-21

toral, and transdisciplinary approach toward achiev-22

ing optimal health outcomes in a manner that recog-23

nizes the interconnection between people, animals, 24

plants, and their shared environment. 25

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(7) RELEVANT FEDERAL DEPARTMENTS AND 1

AGENCIES.—The term ‘‘relevant Federal depart-2

ments and agencies’’ means any Federal department 3

or agency operating under Chief of Mission author-4

ity and implementing United States foreign assist-5

ance relevant to the advancement of United States 6

global health security and diplomacy overseas, which 7

may include— 8

(A) the Department of State; 9

(B) the United States Agency for Inter-10

national Development; 11

(C) the Department of Health and Human 12

Services; 13

(D) the Centers for Disease Control and 14

Prevention; 15

(E) the National Institutes of Health; 16

(F) the Department of the Treasury; 17

(G) the Department of Defense; 18

(H) the Defense Threat Reduction Agency; 19

(I) the Millennium Challenge Corporation; 20

(J) the Development Finance Corporation; 21

(K) the Peace Corps; and 22

(L) any other department or agency that 23

the President determines to be relevant for 24

these purposes. 25

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SEC. 3. PURPOSE. 1

The purpose of this Act is to advance the global 2

health security and diplomacy objectives of the United 3

States, improve coordination among the relevant Federal 4

departments and agencies implementing United States 5

foreign assistance for global health security, and more ef-6

fectively enable partner countries to strengthen and sus-7

tain resilient health systems and supply chains with the 8

resources, capacity, and personnel required to prevent, de-9

tect, mitigate, and respond to infectious disease threats 10

before they become pandemics by— 11

(1) establishing a comprehensive United States 12

Global Health Security Strategy with a One Health 13

approach and clear goals, objectives, and bench-14

marks, as well as instruments to monitor and evalu-15

ate outputs and outcomes, measure impact, and 16

share data and learning; 17

(2) establishing a mechanism to coordinate 18

United States global health security policies, activi-19

ties, and assistance, including efforts to advance the 20

United States Global Health Security Strategy and 21

the Global Health Security Agenda, while fully uti-22

lizing the unique capabilities of the relevant Federal 23

departments and agencies; 24

(3) coordinating with key stakeholders and sup-25

porting partner country efforts to strengthen and 26

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sustain more resilient health systems and supply 1

chains; 2

(4) accelerating progress under the United 3

States Global Health Security Strategy, the Global 4

Health Security Agenda, the World Health Organi-5

zation International Health Regulations, and other 6

relevant frameworks that contribute to global health 7

security; 8

(5) enhancing support for innovation and pub-9

lic-private partnerships for research, development, 10

and deployment of effective and affordable disease 11

tracking tools, diagnostics, therapeutics, and vac-12

cines; 13

(6) authorizing appropriations to advance the 14

United States Global Health Security Strategy and 15

provide for a global health security emergency re-16

serve; and 17

(7) authorizing the Secretary of State, in co-18

ordination with the Secretary of the Treasury, to 19

enter into negotiations for the establishment of the 20

Trust Fund for Global Health Security. 21

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TITLE I—UNITED STATES GLOB-1

AL HEALTH SECURITY STRAT-2

EGY AND ASSISTANCE 3

SEC. 101. PARTNER COUNTRY DEFINED. 4

In this title, the term ‘‘partner country’’ means a 5

country in which the relevant Federal departments and 6

agencies are implementing United States foreign assist-7

ance for global health security under this Act. 8

SEC. 102. GLOBAL HEALTH SECURITY STRATEGY. 9

(a) GENERAL.—The President shall maintain and ad-10

vance a comprehensive strategy with a One Health ap-11

proach toward advancing the global health security and 12

diplomacy objectives of the United States overseas, which 13

shall— 14

(1) seek to strengthen United States diplomatic 15

leadership and improve the effectiveness of United 16

States foreign assistance for global health security to 17

prevent, detect, and respond to infectious disease 18

threats, including through advancement of the Glob-19

al Health Security Agenda; 20

(2) establish specific and measurable goals, 21

benchmarks, timetables, performance metrics, and 22

monitoring and evaluation plans for United States 23

foreign assistance for global health security that pro-24

mote learning and reflect international best practices 25

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relating to global health security, transparency, and 1

accountability; 2

(3) establish mechanisms to improve coordina-3

tion and performance by the relevant Federal de-4

partments and agencies, including by setting out 5

clear roles and responsibilities that reflect the 6

unique capabilities and resources of each such de-7

partment and agency; 8

(4) establish mechanisms to improve coordina-9

tion and avoid duplication of effort among the rel-10

evant Federal departments and agencies, partner 11

countries, donor countries, multilateral organiza-12

tions, and other key stakeholders; 13

(5) prioritize working with partner countries 14

with low scores on the Global Health Security Index 15

classification of health systems and on the Global 16

Health Security Agenda Joint External Evaluation; 17

(6) reduce long-term reliance upon United 18

States foreign assistance for global health security 19

by promoting partner country ownership, improved 20

domestic resource mobilization, co-financing, and ap-21

propriate national budget allocations for global 22

health security and pandemic preparedness and re-23

sponse; 24

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(7) assist partner countries in building the tech-1

nical capacity of relevant ministries to prepare, exe-2

cute, monitor, and evaluate effective national action 3

plans for health security, including mechanisms to 4

enhance budget and global health data transparency, 5

as necessary and appropriate; 6

(8) align United States foreign assistance for 7

global health security with partner country national 8

action plans for health security, developed with input 9

from key stakeholders, to the greatest extent prac-10

ticable and appropriate; 11

(9) create linkages between complementary bi-12

lateral and multilateral foreign assistance programs 13

that contribute to the development of more resilient 14

health systems and supply chains in partner coun-15

tries with the capacity, resources, and personnel re-16

quired to prevent, detect, and respond to infectious 17

disease threats; 18

(10) support innovation and public-private part-19

nerships to improve pandemic preparedness and re-20

sponse, including for the development and deploy-21

ment of effective infectious disease tracking tools, 22

diagnostics, therapeutics, and vaccines; 23

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(11) support collaboration with and among rel-1

evant public and private research entities engaged in 2

global health security; and 3

(12) support collaboration between United 4

States universities and public and private institu-5

tions in partner countries that promote global health 6

security and innovation. 7

(b) FISCAL YEAR 2021 COMPLIANCE.—The United 8

States Global Health Security Strategy, published on May 9

9, 2019, in compliance with section 7058(c)(3) of the De-10

partment of State, Foreign Operations, and Related Pro-11

grams Appropriations Act, 2020 (division K of Public Law 12

115–141), shall be deemed to comply with the requirement 13

under this section for fiscal year 2021. 14

(c) STRATEGY UPDATES.— 15

(1) IN GENERAL.—Concurrent with the submis-16

sion of the report required by section 634 of the 17

Foreign Assistance Act of 1961 (22 U.S.C. 2394) 18

for fiscal years 2022 through 2025, the President, 19

in consultation with the head of each relevant Fed-20

eral department and agency, shall submit to the ap-21

propriate congressional committees updates to the 22

United States Global Health Security Strategy, in-23

cluding the agency-specific plans required under 24

paragraph (2). 25

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(2) AGENCY-SPECIFIC PLANS.—The strategy 1

updates required under this subsection shall include 2

specific implementation plans from each relevant 3

Federal department and agency that describe— 4

(A) the anticipated staffing plans and con-5

tributions of the department or agency, includ-6

ing technical, financial, and in-kind contribu-7

tions, to implement the strategy; and 8

(B) the efforts of the department or agen-9

cy to ensure that the activities and programs 10

carried out pursuant to the strategy are de-11

signed to achieve maximum impact and long- 12

term results. 13

SEC. 103. GLOBAL HEALTH SECURITY COORDINATION. 14

(a) ESTABLISHMENT.—There is established within 15

the Department of State a Coordinator of United States 16

Government Activities to Advance Global Health Security 17

and Diplomacy overseas, who shall be appointed by the 18

President, by and with the advice and consent of the Sen-19

ate. 20

(b) AUTHORITIES.—The Coordinator is authorized 21

to— 22

(1) operate internationally to carry out the pur-23

poses of this Act; 24

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(2) transfer and allocate United States foreign 1

assistance resources for global health security to the 2

relevant Federal departments and agencies, in co-3

ordination with the Office of Management and 4

Budget, the United States Agency for International 5

Development, and the Department of State Office of 6

Foreign Assistance Resources; and 7

(3) utilize open and streamlined solicitations to 8

allow for the participation of a wide range of imple-9

menting partners through the most appropriate pro-10

curement mechanisms, which may include grants, 11

contracts, cooperative agreements, and other instru-12

ments as necessary and appropriate. 13

(c) DUTIES.—The Coordinator shall have primary re-14

sponsibility for the coordination, management, and over-15

sight of United States diplomatic efforts and foreign as-16

sistance resources to advance the relevant elements of the 17

United States Global Health Security Strategy under sec-18

tion 102 and the duties described under subsection (f)(2), 19

including the international programs, projects, and activi-20

ties of the United States Government relating to the Glob-21

al Health Security Agenda and the Trust Fund for Global 22

Health Security established under title II, including— 23

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(1) ensuring effective program coordination and 1

implementation by the relevant Federal departments 2

and agencies, including by— 3

(A) managing the budget and planning of 4

United States foreign assistance resources au-5

thorized to be appropriated or otherwise made 6

available to carry out the purposes of chapters 7

1 and 10 of part I and chapter 4 of part II of 8

the Foreign Assistance Act of 1961 (22 U.S.C. 9

2151 et seq.) relating to infectious disease pre-10

vention, detection, mitigation, and response, in-11

cluding efforts to enable partner countries to 12

strengthen and sustain resilient health systems 13

and supply chains; 14

(B) formulating, issuing, and updating re-15

lated program guidance; 16

(C) establishing unified auditing, moni-17

toring, and evaluation plans; 18

(D) aligning resources and implementation 19

plans under the strategy with the relevant Fed-20

eral departments and agencies with the greatest 21

expertise, technical capabilities, comparative ad-22

vantage, and potential for success; 23

(E) working with and leveraging the exper-24

tise and activities of the Office of the Global 25

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AIDS Coordinator, the President’s Malaria Co-1

ordinator, and similar or successor entities im-2

plementing United States global health assist-3

ance overseas; and 4

(F) avoiding duplication of effort and 5

working to resolve policy, program, and funding 6

disputes among the relevant Federal depart-7

ments and agencies; 8

(2) leading diplomatic efforts to address current 9

and emerging threats to global health security; 10

(3) ensuring effective representation of the 11

United States in relevant international forums, in-12

cluding at the World Health Assembly and meetings 13

of the Global Health Security Agenda, in coordina-14

tion with the Secretary of the Department of Health 15

and Human Services, as necessary and appropriate; 16

(4) promoting greater donor and partner coun-17

try investment in building more resilient health sys-18

tems and supply chains, including through represen-19

tation and participation in a multilateral trust fund 20

for global health security, consistent with title II; 21

(5) working to enhance coordination with and 22

transparency among partner countries and key 23

stakeholders, including the private sector; and 24

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(6) regularly updating the appropriate congres-1

sional committees. 2

(d) OTHER GLOBAL HEALTH ASSISTANCE.—This 3

section shall not apply to funds authorized to be appro-4

priated or otherwise made available to carry out the pur-5

poses of chapters 1 and 10 of part I and chapter 4 of 6

part II of the Foreign Assistance Act of 1961 (22 U.S.C. 7

2151 et seq.) relating to global health that are— 8

(1) apportioned directly to the Department of 9

State to carry out programs authorized pursuant to 10

the United States Leadership Against HIV/AIDS, 11

Tuberculosis, and Malaria Act of 2003 (Public Law 12

108–25); or 13

(2) apportioned directly to the United States 14

Agency for International Development to carry out 15

programs that are not directly related to new or 16

emerging infectious disease threats. 17

(e) UNITED STATES AGENCY FOR INTERNATIONAL 18

DEVELOPMENT.—The Coordinator should be supported 19

by a deputy, who should be an employee of the United 20

States Agency for International Development serving in 21

a career or noncareer position in the Senior Executive 22

Service or at the level of a Deputy Assistant Administrator 23

or higher, who serves concurrently as the deputy and per-24

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forms the functions ascribed to the agency by section 3(b) 1

of Executive Order 13747 of November 4, 2016. 2

(f) SENSE OF CONGRESS.—It is the sense of Con-3

gress that— 4

(1) Executive Order 13474 of November 4, 5

2016, and the United States Global Health Security 6

Strategy, delivered to Congress on May 9, 2019, set 7

out leadership and interagency coordinating roles for 8

the National Security Council relating to global 9

health security and the Global Health Security 10

Agenda; 11

(2) the Coordinator should perform the func-12

tions in Executive Order 13747 ascribed to the De-13

partment of State in section 3(b) of such executive 14

order; 15

(3) the Interagency Review Council described in 16

Executive Order 13747 should perform the functions 17

ascribed to it in section 2 of such executive order; 18

and 19

(4) the President should consider appointing an 20

individual serving on the National Security Council, 21

at the senior director level or higher and with sig-22

nificant background and expertise in public health, 23

health security, or emergency biological response 24

management, to convene and coordinate— 25

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(A) the interagency process of the Federal 1

departments and agencies implementing the 2

functions described in section 3 of Executive 3

Order 13747; and 4

(B) the interagency process to ensure con-5

tinuity of effort across the Federal departments 6

and agencies engaged in domestic and inter-7

national global health security preparedness and 8

response. 9

SEC. 104. GLOBAL HEALTH EMERGENCIES. 10

In responding to an international infectious disease 11

outbreak that is sustained, severe, and is spreading inter-12

nationally, which may include a declaration under the 13

World Health Organization International Health Regula-14

tions of a Public Health Emergency of International Con-15

cern overseas— 16

(1) the Secretary of State, acting through the 17

Coordinator of United States Government Activities 18

to Advance Global Health Security and Diplomacy, 19

as appropriate, shall be represented at all relevant 20

interagency meetings and lead United States diplo-21

matic and coordination efforts with the relevant 22

international organizations and key stakeholders; 23

and 24

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(2) the Administrator of the United States 1

Agency for International Development shall be rep-2

resented at all relevant interagency meetings and 3

serve as the program lead on international emer-4

gency humanitarian response, as well efforts to ad-5

dress second order development impacts of such an 6

emergency within partner countries. 7

SEC. 105. USAID DISASTER SURGE CAPACITY. 8

(a) IN GENERAL.—Funds authorized to be appro-9

priated or otherwise made available to carry out part I 10

of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 11

et seq.), including funds made available for ‘‘Assistance 12

for Europe, Eurasia and Central Asia’’, may be used, in 13

addition to funds otherwise made available for such pro-14

poses, for the cost (including support costs) of individuals 15

detailed to or employed by the United States Agency for 16

International Development whose primary responsibility is 17

to carry out programs in response to global health emer-18

gencies and natural or man-made disasters. 19

(b) NOTIFICATION.—The Administrator shall notify 20

the appropriate congressional committees not later than 21

15 days before making funds available under this section. 22

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SEC. 106. AUTHORIZATION FOR UNITED STATES PARTICI-1

PATION IN COALITION FOR EPIDEMIC PRE-2

PAREDNESS INNOVATIONS. 3

(a) IN GENERAL.—The United States is authorized 4

to participate in the Coalition for Epidemic Preparedness 5

Innovations (CEPI). 6

(b) BOARD OF DIRECTORS.—The Administrator of 7

the United States Agency for International Development 8

is authorized to designate an employee of such agency to 9

serve on the Investors Council of CEPI as a representative 10

of the United States. 11

(c) CONSULTATION.—Not later than 60 days after 12

the date of the enactment of this Act, the Secretary shall 13

consult with the appropriate congressional committees 14

on— 15

(1) the manner and extent to which the United 16

States plans to participate in CEPI, including 17

through governance of CEPI; 18

(2) any planned financial contributions to 19

CEPI; and 20

(3) how participation in CEPI is expected to 21

support the United States Global Health Security 22

Strategy and any other relevant programs relating 23

to global health security and biodefense. 24

(d) UNITED STATES CONTRIBUTIONS.—The Presi-25

dent is authorized to make available funds authorized to 26

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be appropriated under section 107 for United States con-1

tributions to CEPI. 2

(e) NOTIFICATION.—Not later than 15 days before 3

making a contribution to CEPI, the Secretary of State 4

shall notify the appropriate congressional committees of 5

the amount, purposes, and national interests served by 6

such planned contribution. 7

SEC. 107. AUTHORIZATIONS OF APPROPRIATIONS. 8

(a) IN GENERAL.—There is authorized to be appro-9

priated, for fiscal years 2021 through 2025, 10

$3,000,000,000 to advance the Global Health Security 11

Strategy of the United States overseas, including support 12

for— 13

(1) the Emergency Reserve Fund established 14

pursuant to section 7058(c)(1) of the Department of 15

State, Foreign Operations, and Related Programs 16

Appropriations Act, 2017 (division J of Public Law 17

115–31) to address emerging global health threats; 18

and 19

(2) United States contributions to the Fund es-20

tablished under title II of this Act. 21

(b) EXCEPTION.—Section 110 of the Trafficking Vic-22

tims Protection Act of 2000 (22 U.S.C. 7107) shall not 23

apply to assistance made available pursuant to this sec-24

tion. 25

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(c) APPLICABILITY.—Section 104(f) of the Foreign 1

Assistance Act of 1961 (22 U.S.C. 2151b(f)) shall apply 2

to assistance made available pursuant to this section. 3

TITLE II—TRUST FUND FOR 4

GLOBAL HEALTH SECURITY 5

SEC. 201. DEFINITION. 6

In this title, the term ‘‘partner country’’ means a de-7

veloping country with demonstrated need and commitment 8

to transparency, including budget and global health data 9

transparency, in which the Trust Fund for Global Health 10

Security established under section 202 is working to de-11

sign, implement, and evaluate global health security assist-12

ance programs under this Act. 13

SEC. 202. ESTABLISHMENT OF TRUST FUND FOR GLOBAL 14

HEALTH SECURITY. 15

(a) NEGOTIATIONS FOR ESTABLISHMENT OF A 16

TRUST FUND FOR GLOBAL HEALTH SECURITY.—The 17

Secretary of State should seek to enter into negotiations 18

with the World Bank or the International Development 19

Association, in coordination with the Secretary of the 20

Treasury, the Administrator of the United States Agency 21

for International Development, and the heads of other rel-22

evant Federal departments and agencies, and with the 23

member nations of the World Bank or the International 24

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Development Association and with other interested par-1

ties, for the establishment within the World Bank of— 2

(1) a Trust Fund for Global Health Security 3

(in this subtitle referred to as ‘‘the Fund’’) in ac-4

cordance with the provisions of this section; and 5

(2) an Advisory Board to the Fund in accord-6

ance with section 205. 7

(b) PURPOSE.—The purpose of the Fund should be 8

to advance global health security by catalyzing public and 9

private investments in global health security, infectious 10

disease control, and pandemic preparedness and response 11

in developing countries with demonstrated need, commit-12

ment to transparency, including budget and global health 13

data transparency, and evidence-based outcomes. 14

(c) COMPOSITION.— 15

(1) IN GENERAL.—The Fund should be gov-16

erned by a Board of Trustees, to be composed of 17

representatives of World Bank member states that 18

are donors and participants in the Fund. The Board 19

of Trustees should include— 20

(A) 5 permanent member countries, who 21

qualify based upon meeting an established ini-22

tial contribution threshold, which should be not 23

less than 10 percent of total contributions, and 24

by meeting minimum standards for upholding 25

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the International Health Regulations, and who 1

should hold veto power over programs and 2

projects; 3

(B) 5 term members, who are selected by 4

the permanent members on the basis of their 5

commitment to innovation, best practices, and 6

the advancement of global health security objec-7

tives in partner countries; and 8

(C) 9 developing country members, who 9

serve a period term, and who demonstrate a 10

commitment to prioritizing global health secu-11

rity for their citizens and to the purposes and 12

principles of the Fund. 13

(2) QUALIFICATIONS.—Individuals appointed to 14

the Board shall have demonstrated knowledge and 15

experience in the fields of public health, epidemi-16

ology, supply chain management, health delivery sys-17

tems, and development. 18

(3) UNITED STATES REPRESENTATION.— 19

(A) IN GENERAL.— 20

(i) FOUNDING PERMANENT MEM-21

BER.—The Secretary of State shall seek to 22

establish the United States as a founding 23

permanent member of the Fund. 24

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(ii) COORDINATOR OF UNITED STATES 1

GOVERNMENT ACTIVITIES TO ADVANCE 2

GLOBAL HEALTH SECURITY.—The United 3

States shall be represented on the Board 4

of Trustees by the Coordinator of United 5

States Government Activities to Advance 6

Global Health Security and Diplomacy es-7

tablished under section 103. 8

(B) EFFECTIVE AND TERMINATION 9

DATES.— 10

(i) EFFECTIVE DATE.—This para-11

graph shall take effect upon the date the 12

Secretary of State, in coordination with the 13

Secretary of the Treasury, certifies and 14

transmits to Congress an agreement estab-15

lishing the Fund. 16

(ii) TERMINATION DATE.—The mem-17

bership established pursuant to subpara-18

graph (A) shall terminate upon the date of 19

termination of the Fund. 20

(4) REMOVAL PROCEDURES.—The Fund shall 21

establish procedures for the removal of members of 22

the Board who engage in a consistent pattern of 23

human rights abuses, fail to uphold global health 24

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data transparency requirements, or otherwise violate 1

the established standards of the Fund. 2

SEC. 203. GRANT AUTHORITIES. 3

(a) PROGRAM OBJECTIVES.— 4

(1) IN GENERAL.—In carrying out the purpose 5

set forth in section 202(b), the Fund, acting through 6

the Board of Trustees, should provide grants, in-7

cluding challenge grants, technical assistance, 8

concessional lending, catalytic investment funds, and 9

other innovative funding mechanisms, as appro-10

priate, to support measures that enable developing 11

countries, at both national and sub-national levels, 12

and in partnership with civil society and the private 13

sector, to strengthen and sustain resilient health sys-14

tems and supply chains with the resources, capacity, 15

and personnel required to prevent, detect, mitigate, 16

and respond to infectious disease threats before they 17

become pandemics. 18

(2) ACTIVITIES SUPPORTED.—Activities to be 19

supported by the Fund should include efforts to— 20

(A) enable partner countries with low 21

scores on the Global Health Security Index 22

classification of health systems and on the 23

Global Health Security Agenda Joint External 24

Evaluation to improve such scores and adopt 25

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27

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and uphold commitments under the Global 1

Health Security Agenda, the World Health Or-2

ganization International Health Regulations, 3

and other related international health agree-4

ments; 5

(B) support global health budget and 6

workforce planning in partner countries, includ-7

ing training in financial management and budg-8

et and global health data transparency; 9

(C) advance research, development, and 10

deployment of effective infectious disease track-11

ing tools, diagnostics, therapeutics, and vac-12

cines, including by establishing and leveraging 13

public-private partnerships and supporting ad-14

vance purchase agreements, as necessary and 15

appropriate; 16

(D) improve infection control within 17

healthcare settings; 18

(E) combat the threat of antimicrobial re-19

sistance; 20

(F) expand lab capacity through the provi-21

sion of material and technical assistance; 22

(G) build technical capacity to manage 23

global health supply chains through effective 24

forecasting, procurement, warehousing, and de-25

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livery from central warehouses to points of serv-1

ice; 2

(H) enable bilateral and regional partner-3

ships and cooperation to identify and address 4

transnational infectious disease threats exacer-5

bated by natural and man-made disasters, 6

human displacement, and zoonotic infection; 7

(I) establish partnerships to develop med-8

ical interventions to detect, treat, and prevent 9

the spread of neglected tropical diseases; 10

(J) build the technical capacity of partner 11

countries to prepare for and respond to second 12

order development impacts of infectious disease 13

outbreaks, while accounting for the differen-14

tiated needs and vulnerabilities of marginalized 15

populations; 16

(K) develop and utilize metrics to monitor 17

and evaluate program performance and identify 18

best practices; and 19

(L) develop and deploy mechanisms to en-20

hance the transparency and accountability of 21

global health security programs and data, in-22

cluding through the sharing of trends, risks, 23

and lessons learned. 24

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(3) IMPLEMENTATION OF PROGRAM OBJEC-1

TIVES.—In carrying out the objectives of paragraph 2

(1), the Fund shall work to eliminate duplication 3

and waste by upholding strict transparency and ac-4

countability standards and coordinating its programs 5

and activities with key partners working to advance 6

global health security, including, at a minimum— 7

(A) governments, civil society and non-8

governmental organizations, research and aca-9

demic institutions, and private sector entities in 10

partner countries; 11

(B) the Global Health Security Agenda; 12

(C) the Global Fund to Fight AIDS, Tu-13

berculosis, and Malaria; 14

(D) the Vaccine Alliance, GAVI; 15

(E) the Coalition for Epidemic Prepared-16

ness Innovations (CEPI); 17

(F) the Global Polio Eradication Initiative; 18

and 19

(G) the Coordinator of United States Gov-20

ernment Activities to Advance Global Health 21

Security and Diplomacy, established pursuant 22

to section 103. 23

(b) PRIORITY.—In providing assistance under this 24

section, the Fund should give priority to low and lower- 25

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middle income countries, as classified in the most recent 1

edition of the World Development Report for Reconstruc-2

tion and Development published by the International 3

Bank for Reconstruction and Development, with low 4

scores on the Global Health Security Index classification 5

of health systems and on the Global Health Security Agen-6

da Joint External Evaluation, and demonstrated commit-7

ment to upholding global health budget and data trans-8

parency and accountability standards and investing in 9

their own health systems. 10

(c) ELIGIBLE GRANT RECIPIENTS.—Governments 11

and nongovernmental organizations should be eligible to 12

receive grants under this section. 13

SEC. 204. ADMINISTRATION. 14

(a) APPOINTMENT OF AN ADMINISTRATOR.—The 15

Board of Trustees, in consultation with the appropriate 16

officials of the Bank, should appoint an Administrator 17

who should be responsible for managing the day-to-day op-18

erations of the Fund. 19

(b) AUTHORITY TO SOLICIT AND ACCEPT CONTRIBU-20

TIONS.—The Fund should be authorized to solicit and ac-21

cept contributions from governments, the private sector, 22

and nongovernmental entities of all kinds. 23

(c) ACCOUNTABILITY OF FUNDS AND CRITERIA FOR 24

PROGRAMS.—As part of the negotiations described in sec-25

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tion 202(a), the Secretary of the State, in coordination 1

with the Secretary of the Treasury, shall, consistent with 2

subsection (d)— 3

(1) take such actions as are necessary to ensure 4

that the Bank or the Association will have in effect 5

adequate procedures and standards to account for 6

and monitor the use of funds contributed to the 7

Fund, including the cost of administering the Fund; 8

and 9

(2) seek agreement on the criteria that should 10

be used to determine the programs and activities 11

that should be assisted by the Fund. 12

(d) SELECTION OF PARTNER COUNTRIES, PROJECTS, 13

AND RECIPIENTS.—The Board of Trustees should estab-14

lish— 15

(1) partner country selection criteria, to include 16

transparent metrics to measure and assess global 17

health security strengths and vulnerabilities in devel-18

oping countries seeking assistance; 19

(2) minimum standards for ensuring partner 20

country ownership and commitment to long-term re-21

sults, including requirements for domestic budgeting, 22

resource mobilization, and co-investment; 23

(3) criteria for the selection of projects to re-24

ceive support from the Fund; 25

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(4) standards and criteria regarding qualifica-1

tions of recipients of such support; 2

(5) such rules and procedures as may be nec-3

essary for cost-effective management of the Fund; 4

and 5

(6) such rules and procedures as may be nec-6

essary to ensure transparency and accountability in 7

the grant-making process. 8

(e) ADDITIONAL TRANSPARENCY AND ACCOUNT-9

ABILITY REQUIREMENTS.— 10

(1) INSPECTOR GENERAL.— 11

(A) IN GENERAL.—The Secretary of State 12

shall ensure that the Fund maintains an inde-13

pendent Office of the Inspector General and en-14

sure that the office has the requisite resources 15

and capacity to regularly conduct and publish, 16

on a publicly accessible website, rigorous finan-17

cial, programmatic, and reporting audits and 18

investigations of the Fund and its grantees. 19

(B) SENSE OF CONGRESS ON CORRUP-20

TION.—It is the sense of Congress that— 21

(i) corruption within global health 22

programs contribute directly to the loss of 23

human life and cannot be tolerated; and 24

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(ii) in making financial recoveries re-1

lating to a corrupt act or criminal conduct 2

under a grant, as determined by the In-3

spector General, the responsible grant re-4

cipient should be assessed at a recovery 5

rate of 150 percent of such loss. 6

(2) ADMINISTRATIVE EXPENSES.—The Sec-7

retary of State shall ensure the Fund establishes, 8

maintains, and makes publicly available a system to 9

track the administrative and management costs of 10

the Fund on a quarterly basis. 11

(3) GRANT TRACKING SYSTEMS.—The Sec-12

retary of State shall ensure that the Fund estab-13

lishes, maintains, and makes publicly available a sys-14

tem to track the amount of funds disbursed to each 15

grant recipient and sub-recipient during a grant’s 16

fiscal cycle. 17

(4) EXEMPTION FROM DUTIES AND TAXES.— 18

The Secretary should ensure that the Fund adopts 19

rules that condition grants upon agreement by the 20

relevant national authorities in a partner country to 21

exempt from duties and taxes all products financed 22

by such grants, including procurements by any prin-23

cipal or sub-recipient for the purpose of carrying out 24

such grants. 25

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SEC. 205. ADVISORY BOARD. 1

(a) IN GENERAL.—There should be an Advisory 2

Board to the Fund. 3

(b) APPOINTMENTS.—The members of the Advisory 4

Board should be composed of— 5

(1) individuals with experience and leadership 6

in the fields of development, global health, epidemi-7

ology, medicine, biomedical research, and social 8

sciences; and 9

(2) representatives of relevant United Nations 10

agencies and nongovernmental organizations with 11

on-the-ground experience in implementing global 12

health programs in low and lower-middle income 13

countries. 14

(c) RESPONSIBILITIES.—The Advisory Board should 15

provide advice and guidance to the Board of Trustees on 16

the development and implementation of programs and 17

projects to be assisted by the Fund and on leveraging do-18

nations to the Fund. 19

(d) PROHIBITION ON PAYMENT OF COMPENSA-20

TION.— 21

(1) IN GENERAL.—Except for travel expenses 22

(including per diem in lieu of subsistence), no mem-23

ber of the Advisory Board should receive compensa-24

tion for services performed as a member of the 25

Board. 26

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(2) UNITED STATES REPRESENTATIVE.—Not-1

withstanding any other provision of law (including 2

an international agreement), a representative of the 3

United States on the Advisory Board may not accept 4

compensation for services performed as a member of 5

the Board, except that such representative may ac-6

cept travel expenses, including per diem in lieu of 7

subsistence, while away from the representative’s 8

home or regular place of business in the perform-9

ance of services for the Board. 10

SEC. 206. REPORTS TO CONGRESS. 11

(a) ANNUAL REPORT.— 12

(1) IN GENERAL.—Not later than 1 year after 13

the date of the enactment of this Act, and annually 14

thereafter for the duration of the Fund, the Sec-15

retary of State, in coordination with the Secretary of 16

the Treasury, shall submit to the appropriate con-17

gressional committees a report on the Fund. 18

(2) REPORT ELEMENTS.—The report shall in-19

clude a description of— 20

(A) the goals of the Fund; 21

(B) the programs, projects, and activities 22

supported by the Fund; 23

(C) private and governmental contributions 24

to the Fund; and 25

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(D) the criteria utilized to determine the 1

programs and activities that should be assisted 2

by the Fund. 3

(b) GAO REPORT ON TRUST FUND EFFECTIVE-4

NESS.—Not later than 2 years after the date that the 5

Fund is formally established, the Comptroller General of 6

the United States shall submit to the appropriate congres-7

sional committees a report evaluating the effectiveness of 8

the Fund, including— 9

(1) the effectiveness of the programs, projects, 10

and activities supported by the Fund; and 11

(2) an assessment of the merits of continued 12

United States participation in the Fund. 13

SEC. 207. UNITED STATES CONTRIBUTIONS. 14

(a) IN GENERAL.—Subject to submission of the cer-15

tification under section 202(c)(3)(B)(i), the President is 16

authorized to make available funds authorized to be appro-17

priated pursuant to section 107 for United States con-18

tributions to the Fund. 19

(b) NOTIFICATION.—The Secretary of State shall no-20

tify the appropriate congressional committees not later 21

than 15 days in advance of making a contribution to the 22

Fund, including— 23

(1) the amount of the proposed contribution; 24

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37

•S 3829 IS

(2) the total of funds contributed by other do-1

nors; and 2

(3) the national interests served by United 3

States participation in the Fund. 4

(c) LIMITATION.—At no point during fiscal years 5

2021 through 2025 shall a United States contribution 6

cause the cumulative total of United States contributions 7

to exceed 33 percent of the total contributions to the Fund 8

from all sources. 9

(d) WITHHOLDINGS.— 10

(1) SUPPORT FOR ACTS OF INTERNATIONAL 11

TERRORISM.—If at any time the Secretary of State 12

determines that the Fund has provided assistance to 13

a country, the government of which the Secretary of 14

State has determined, for purposes of section 620A 15

of the Foreign Assistance Act of 1961 (22 U.S.C. 16

2371) has repeatedly provided support for acts of 17

international terrorism, the United States shall with-18

hold from its contribution for the next fiscal year an 19

amount equal to the amount expended by the Fund 20

to the government of such country. 21

(2) EXCESSIVE SALARIES.—If at any time dur-22

ing any of the fiscal years 2021 through 2025, the 23

Secretary of State determines that the salary of any 24

individual employed by the Fund exceeds the salary 25

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38

•S 3829 IS

of the Vice President of the United States for that 1

fiscal year, then the United States should withhold 2

from its contribution for the next fiscal year an 3

amount equal to the aggregate amount by which the 4

salary of each such individual exceeds the salary of 5

the Vice President of the United States. 6

(3) ACCOUNTABILITY CERTIFICATION REQUIRE-7

MENT.—The Secretary of State shall withhold not 8

less than 20 percent of planned United States con-9

tributions to the Fund until the Secretary certifies 10

to the appropriate congressional committees that the 11

Fund has established procedures to provide access 12

by the Office of Inspector General of the Depart-13

ment of State, as cognizant Inspector General, the 14

Inspector General of the Department of Health and 15

Human Services, and the Inspector General of the 16

United States Agency for International Develop-17

ment, to the Fund’s financial data and other infor-18

mation relevant to United States contributions (as 19

determined by the Inspector General, in consultation 20

with the Secretary of State). 21

Æ

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