H.R. 2800 (pp) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2004, and for other purposes. [Public Print] ...

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                                                       Calendar No. 227
108th CONGRESS
  1st Session
                                H. R. 2800


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 24 (legislative day, July 21), 2003

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2004, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, That notwithstanding section 1(c) of Public Law 103-428, as 
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in 
effect through October 1, 2004.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $71,395,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2004.

                overseas private investment corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $41,385,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Non-Credit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2004 and 2005: 
Provided further, That such sums shall remain available through fiscal 
year 2012 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 2004, and through fiscal year 2013 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2005.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $50,000,000, to remain available 
until September 30, 2005.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2004, unless 
otherwise specified herein, as follows:

           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, health, and family planning/reproductive health activities, 
in addition to funds otherwise available for such purposes, 
$2,235,830,000, to remain available until September 30, 2005: Provided, 
That this amount shall be made available for such activities as: (1) 
programs for the prevention, treatment, control of, and research on 
HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, 
and for assistance to communities severely affected by HIV/AIDS, 
including children displaced or orphaned by AIDS; (2) family planning/
reproductive health; (3) health, nutrition, water and sanitation 
programs, and related education programs, which directly address the 
needs of mothers and children; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) immunization programs; and (6) 
oral rehydration programs: Provided further, That none of the funds 
appropriated under this heading may be made available for nonproject 
assistance, except that funds may be made available for such assistance 
for ongoing health activities: Provided further, That of the funds 
appropriated under this heading, not to exceed $250,000, in addition to 
funds otherwise available for such purposes, may be used to monitor and 
provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further, 
That the following amounts should be allocated as follows: $324,000,000 
for child survival and maternal health; $27,000,000 for vulnerable 
children; $840,830,000 for HIV/AIDS; $155,500,000 for other infectious 
diseases; $368,500,000 for family planning/reproductive health; and 
$120,000,000 for UNICEF: Provided further, That of the funds 
appropriated under this heading, and in addition to funds allocated 
under the previous proviso, not less than $400,000,000 shall be made 
available, not withstanding any other provision of law, except the 
provisions of section 202(d)(4) of Public Law 108-25, for a United 
States contribution to the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the ``Global Fund''), and shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That of the funds appropriated and allocated for HIV/
AIDS under this heading, not less than $15,000,000 should be made 
available as a contribution to the International AIDS Vaccine 
Initiative; not more than $6,326,000 may be available for 
administrative expenses of the Office of the Coordinator of United 
States Government Activities to Combat HIV/AIDS Globally (the 
``Coordinator''); and not more than $50,000,000 may be made available 
under the authority contained in section 1(f)(2)(A)(iii) of the State 
Department Basic Authorities Act of 1956: Provided further, That no 
United States contribution to the Global Fund may cause the total 
amount of United States Government contributions to the Global Fund to 
exceed one-half of the total amount of funds contributed to the Global 
Fund from all other sources: Provided further, That if, by June 30, 
2004, the application of the previous proviso prevents a contribution 
of the full amount allocated for the Global Fund, the amount that 
cannot be made available for the Global Fund may be made available by 
the Coordinator, through relevant executive branch agencies, for 
activities to combat HIV/AIDS, tuberculosis, or malaria, subject to 
prior consultation with the Committees on Appropriations: Provided 
further, That in carrying out the duties specified in section 
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 
1956, the Coordinator shall ensure that assistance is provided for 
activities in not fewer than 15 countries, at least one of which shall 
not be in Africa or the Caribbean region: Provided further, That of the 
funds appropriated under this heading, up to $60,000,000 may be made 
available for a United States contribution to the Vaccine Fund, and up 
to $6,000,000 may be transferred to and merged with funds appropriated 
by this Act under the heading ``Operating Expenses of the United States 
Agency for International Development'' for costs directly related to 
international health, but funds made available for such costs may not 
be derived from amounts made available for contribution under the 
preceding provisos: Provided further, That notwithstanding any other 
provision of this Act, funds appropriated under this heading that are 
available for child survival and health programs, shall be apportioned 
to the Office of the Coordinator, or the United States Agency for 
International Development, and the authority of sections 632(a) or 
632(b) of the Foreign Assistance Act of 1961, or any comparable 
provision of law, may not be used to transfer or allocate any part of 
such funds to the Department of Health and Human Services including any 
office of that agency, except that the authority of those sections may 
be used to transfer or allocate up to $35,000,000 of such funds to the 
Centers for Disease Control and Prevention: Provided further, That none 
of the funds made available in this Act nor any unobligated balances 
from prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That none of 
the funds made available under this Act may be used to pay for the 
performance of abortion as a method of family planning or to motivate 
or coerce any person to practice abortions: Provided further, That none 
of the funds made available under this Act may be used to lobby for or 
against abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of the requirements 
contained in paragraph (1), (2), (3), or (5) of this proviso, or a 
pattern or practice of violations of the requirements contained in 
paragraph (4) of this proviso, the Administrator shall submit to the 
Committees on Appropriations a report containing a description of such 
violation and the corrective action taken by the Agency: Provided 
further, That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for foreign 
operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided 
further, That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 104 of 
the Foreign Assistance Act of 1961: Provided further, That information 
provided about the use of condoms as part of projects or activities 
that are funded from accounts appropriated by this Act shall be 
medically accurate and shall include the public health benefits and 
failure rates of such use.

                         development assistance

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of sections 103, 
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance 
Act of 1961, $1,317,000,000, of which up to $50,000,000 may remain 
available until September 30, 2005: Provided, That none of the funds 
appropriated under title II of this Act that are managed by or 
allocated to the United States Agency for International Development's 
Global Development Secretariat, may be made available except through 
the regular notification procedures of the Committees on 
Appropriations: Provided further, That $194,000,000 should be allocated 
for trade capacity building: Provided further, That $250,000,000 should 
be allocated for basic education: Provided further, That of the funds 
appropriated under this heading and managed by the United States Agency 
for International Development Bureau of Democracy, Conflict, and 
Humanitarian Assistance, not less than $11,000,000 shall be made 
available only for programs to improve women's leadership capacity in 
recipient countries: Provided further, That such funds may not be made 
available for construction: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of war, not to 
exceed $32,500, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of such 
programs.

              international disaster and famine assistance

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of section 491 of 

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