118 STAT. 3000 PUBLIC LAW 108–447—DEC. 8, 2004 (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 22 USC 7612a.
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