H. R. 4818—191
Afghanistan: Provided, That of the funds made available pursuant
to this section, not less than $2,000,000 should be made available
for reforestation activities: Provided further, That funds made avail-
able pursuant to the previous proviso should be matched, to the
maximum extent possible, with contributions from American and
Afghan businesses: Provided further, That of the funds made avail-
able pursuant to this section, not less than $2,000,000 should be
made available for the Afghan Independent Human Rights Commis-
sion and for other Afghan human rights organizations: Provided
further, That to the maximum extent practicable members of the
Afghan National Army should be vetted for involvement in ter-
rorism, human rights violations, and drug trafficking: Provided
further, That of the funds allocated for assistance for Afghanistan
from this Act and other Acts making appropriations for foreign
operations, export financing, and related programs for fiscal year
2005, not less than $50,000,000 should be made available to support
programs that directly address the needs of Afghan women and
girls, of which not less than $7,500,000 shall be made available
for small grants to support training and equipment to improve
the capacity of women-led Afghan nongovernmental organizations
and to support the activities of such organizations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as are other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
HIV/AIDS
SEC. 525. (a)(1) Notwithstanding any other provision of this
Act, 25 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS, Tuber-
culosis and Malaria (the ‘‘Global Fund’’) shall be withheld from
obligation to the Global Fund until the Secretary of State certifies
to the Committees on Appropriations that the Global Fund—
(A) is establishing a full time, professional, independent
office which reports directly to the Global Fund Board
regarding, among other things, the integrity of processes for
consideration and approval of grant proposals, and the
implementation, monitoring and evaluation of grants made by
the Global Fund;
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(B) is strengthening domestic civil society participation,
especially for people living with HIV/AIDS, in country coordi-
nating mechanisms;
(C) is establishing procedures to assess the need for, and
coordinate, technical assistance for Global Fund activities, in
cooperation with bilateral and multilateral donors;
(D) has established clear progress indicators upon which
to determine the release of incremental disbursements;
(E) is releasing such incremental disbursements only if
positive results have been attained based on those indicators;
and
(F) is providing support and oversight to country-level enti-
ties, such as country coordinating mechanisms, principal recipi-
ents, and local Fund agents, to enable them to fulfill their
mandates.
(2) The Secretary of State may waive paragraph (1) of this
subsection if he determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
(b)(1) In furtherance of the purposes of section 104A of the
Foreign Assistance Act of 1961, and to assist in providing a safe,
secure, reliable, and sustainable supply chain of pharmaceuticals
and other products needed to provide care and treatment of persons
with HIV/AIDS and related infections, the Coordinator of the United
States Government Activities to Combat HIV/AIDS Globally (the
‘‘Coordinator’’) is authorized to establish an HIV/AIDS Working
Capital Fund (in this section referred to as the ‘‘HIV/AIDS Fund’’).
(2) Funds deposited during any fiscal year in the HIV/AIDS
Fund shall be available without fiscal year limitation and used
for pharmaceuticals and other products needed to provide care
and treatment of persons with HIV/AIDS and related infections,
including, but not limited to—
(A) anti-retroviral drugs;
(B) other pharmaceuticals and medical items needed to
provide care and treatment to persons with HIV/AIDS and
related infections;
(C) laboratory and other supplies for performing tests
related to the provision of care and treatment to persons with
HIV/AIDS and related infections;
(D) other medical supplies needed for the operation of
HIV/AIDS treatment and care centers, including products
needed in programs for the prevention of mother-to-child trans-
mission;
(E) pharmaceuticals and health commodities needed for
the provision of palliative care; and
(F) laboratory and clinical equipment, as well as equipment
needed for the transportation and care of HIV/AIDS supplies,
and other equipment needed to provide prevention, care and
treatment of HIV/AIDS described above.
(3) There may be deposited during any fiscal year in the HIV/
AIDS Fund payments for HIV/AIDS pharmaceuticals and products
provided from the HIV/AIDS Fund received from applicable appro-
priations and funds of the United States Agency for International
Development, the Department of Health and Human Services, the
Department of Defense, or other Federal agencies and other sources
at actual cost of the HIV/AIDS pharmaceuticals and other products,
actual cost plus the additional costs of providing such HIV/AIDS
H. R. 4818—193
pharmaceuticals and other products, or at any other price agreed
to by the Coordinator or his designee.
(4) There may be deposited in the HIV/AIDS Fund payments
for the loss of, or damage to, HIV/AIDS pharmaceuticals and prod-
ucts held in the HIV/AIDS Fund, rebates, reimbursements, refunds
and other credits applicable to the operation of the HIV/AIDS
Fund.
(5) At the close of each fiscal year the Coordinator may transfer
out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas
such amounts as the Coordinator determines to be in excess of
the needs of the HIV/AIDS Fund.
(6) At the close of each fiscal year the Coordinator shall submit
a report to the Committees on Appropriations detailing the financial
activities of the HIV/AIDS Fund, including sources of income and
information regarding disbursements.
DEMOCRACY PROGRAMS
SEC. 526. (a) Notwithstanding any other provision of law, of
the funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961,
not less than $19,000,000 shall be made available for assistance
for activities to support democracy, human rights, and the rule
of law in the People’s Republic of China and Hong Kong: Provided,
That funds appropriated under the heading ‘‘Economic Support
Fund’’ should be made available for assistance for Taiwan for the
purposes of furthering political and legal reforms: Provided further,
That such funds shall only be made available to the extent that
they are matched from sources other than the United States Govern-
ment: Provided further, That funds made available pursuant to
the authority of this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading ‘‘Eco-
nomic Support Fund’’ not less than $15,000,000 shall be made
available for programs and activities to foster democracy, human
rights, civic education, women’s development, press freedom, and
the rule of law in countries with a significant Muslim population,
and where such programs and activities would be important to
United States efforts to respond to, deter, or prevent acts of inter-
national terrorism: Provided, That funds made available pursuant
to the authority of this subsection should support new initiatives
and activities in those countries: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be made
available for programs and activities that provide professional
training for journalists: Provided further, That, notwithstanding
any other provision of law, not less than $3,000,000 of such funds
may be used for making grants to educational, humanitarian and
nongovernmental organizations and individuals inside Iran to sup-
port the advancement of democracy and human rights in Iran:
Provided further, That, notwithstanding any other provision of law,
funds appropriated pursuant to the authority of this subsection
may be made available for democracy, human rights, and rule
of law programs for Syria: Provided further, That funds made
available pursuant to this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(2) In addition to funds made available under subsections (a)
and (b)(1), of the funds appropriated by this Act under the heading