H. R. 2673—138
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
SEC. 426. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council of the District of Columbia a revised
appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to
section 442 of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1–204.42), for all agencies of the District of Columbia
government for fiscal year 2003 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal-services, respectively,
with anticipated actual expenditures.
SEC. 427. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District
of Columbia Commission on Human Rights relating to docket num-
bers 93–030–(PA) and 93–031–(PA).
SEC. 428. None of the Federal funds made available in this
Act may be transferred to any department, agency, or instrumen-
tality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or
any other appropriation Act.
SEC. 429. During fiscal year 2004 and any subsequent fiscal
year, in addition to any other authority to pay claims and judg-
ments, any department, agency, or instrumentality of the District
government may use local funds to pay the settlement or judgment
of a claim or lawsuit in an amount less than $10,000, in accordance
with the Risk Management for Settlements and Judgments Amend-
ment Act of 2000 (D.C. Law 13–172; D.C. Official Code, sec. 2–
402).
SEC. 430. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the Dis-
trict of Columbia all fines levied and collected by the Courts under
section 10(b)(1) and (2) of the District of Columbia Traffic Act
(D.C. Official Code, sec. 50–2201.05(b)(1) and (2)). The transferred
funds shall remain available until expended and shall be used
by the Office of the Corporation Counsel for enforcement and
prosecution of District traffic alcohol laws in accordance with section
10(b)(3) of the District of Columbia Traffic Act (D.C. Official Code,
sec. 50–2201.05(b)(3)).
SEC. 431. During fiscal year 2004 and any subsequent fiscal
year, any agency of the District government may transfer to the
Office of Labor Relations and Collective Bargaining (OLRCB) such
local funds as may be necessary to pay for representation by OLRCB
H. R. 2673—139
in third-party cases, grievances, and dispute resolution, pursuant
to an intra-District agreement with OLRCB. These amounts shall
be available for use by OLRCB to reimburse the cost of providing
the representation.
SEC. 432. None of the funds contained in this Act may be
made available to pay—
(1) the fees of an attorney who represents a party in
an action or an attorney who defends an action, including
an administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000
for that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a pecu-
niary interest, either through an attorney, officer or employee
of the firm, in any special education diagnostic services, schools,
or other special education service providers.
SEC. 433. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under
the Individuals with Disabilities Act (IDEA) in the District of
Columbia to certify in writing that the attorney or representative
rendered any and all services for which they receive awards,
including those received under a settlement agreement or as part
of an administrative proceeding, under the IDEA from the District
of Columbia: Provided, That as part of the certification, the Chief
Financial Officer of the District of Columbia shall require all attor-
neys in IDEA cases to disclose any financial, corporate, legal, mem-
berships on boards of directors, or other relationships with any
special education diagnostic services, schools, or other special edu-
cation service providers to which the attorneys have referred any
clients as part of this certification: Provided further, That the Chief
Financial Officer shall prepare and submit quarterly reports to
the Committees on Appropriations of the House of Representatives
and Senate on the certification of and the amount paid by the
government of the District of Columbia, including the District of
Columbia Public Schools, to attorneys in cases brought under IDEA:
Provided further, That the Inspector General of the District of
Columbia may conduct investigations to determine the accuracy
of the certifications.
SEC. 434. Section 603(e)(3)(C)(iv) of the Student Loan Mar-
keting Association Reorganization Act of 1996 (20 U.S.C.
1155(e)(3)(C)(iv)) is amended as follows—
(1) by inserting ‘‘for a fiscal year’’ after ‘‘this subparagraph’’;
and
(2) by inserting ‘‘for the fiscal year’’ before the period.
SEC. 435. Chapter 3 of title 16, District of Columbia Code,
is amended by inserting at the end the following new section:
‘‘SEC. 16–316. APPOINTMENT AND COMPENSATION OF COUNSEL;
GUARDIAN AD LITEM.
‘‘(a) When a petition for adoption has been filed and there
has been no termination or relinquishment of parental rights with
respect to the proposed adoptee or consent to the proposed adoption
by a parent or guardian whose consent is required under D.C.
Code section 16–304, the Court may appoint an attorney to rep-
resent such parent or guardian in the adoption proceeding if the
individual is financially unable to obtain adequate representation.
H. R. 2673—140
‘‘(b) The Court may appoint a guardian ad litem who is an
attorney to represent the child in an adoption proceeding. The
guardian ad litem shall in general be charged with the representa-
tion of the child’s best interest.
‘‘(c) An attorney appointed pursuant to subsection (a) or (b)
of this section shall be compensated in accordance with D.C. Code
section 16–2326.01, except that compensation in the adoption case
shall be subject to the limitation set forth in D.C. Code section
16–2326.01(b)(2).’’.
The table of sections for chapter 3 of title 16, District of
Columbia Code, is amended by inserting at the end the following
new item:
‘‘Sec. 16–316. Appointment and compensation of counsel; guardian ad litem.’’.
SEC. 436. The amount appropriated by this Act may be
increased by no more than $15,000,000 from funds identified in
the comprehensive annual financial report as the District’s fiscal
year 2003 unexpended general fund surplus. The District may obli-
gate and expend these amounts only in accordance with the fol-
lowing conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not anticipated
to have a negative impact on the District’s long-term financial,
fiscal, and economic vitality.
(2) The District of Columbia may only use these funds
for the following expenditures—
(A) unanticipated one-time expenditures;
(B) to avoid deficit spending;
(C) debt reduction;
(D) unanticipated program needs; or
(E) to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in accord-
ance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies
of the District of Columbia government under court ordered
receivership.
(5) The amounts may be obligated and expended only if
approved by the Committees on Appropriations of the House
of Representatives and Senate in advance of any obligation
or expenditure.
This division may be cited as the ‘‘District of Columbia Appro-
priations Act, 2004’’.
H. R. 2673—141
DIVISION D—FOREIGN OPERATIONS, EXPORT FINANC-
ING, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2004
An Act
Making appropriations for foreign operations, export financing, and related programs
for the fiscal year ending September 30, 2004, and for other purposes.
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 Govern-
ment 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 commit-
ments 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 guaran-
teed 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, $72,895,000: Pro-
vided, 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.
H. R. 2673—142
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 pro-
grams (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 settle-
ments, 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:
H. R. 2673—143
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,
$1,835,000,000, to remain available until September 30, 2005: Pro-
vided, That this amount shall be made available for such activities
as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by
causes other than AIDS; (5) 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; and (6) family planning/reproductive health:
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 plan-
ning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$330,000,000 for child survival and maternal health; $28,000,000
for vulnerable children; $516,500,000 for HIV/AIDS including not
less than $22,000,000 which should be made available to support
the development of microbicides as a means for combating HIV/
AIDS; $185,000,000 for other infectious diseases; and $375,500,000
for family planning/reproductive health, including in areas where
population growth threatens biodiversity or endangered species:
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, notwithstanding
any other provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (117
Stat. 711; 22 U.S.C. 1701 et seq.) as amended by section 595
of this Act, 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 under this heading that are available for HIV/
AIDS programs and activities, not less than $26,000,000 should
be made available for the International AIDS Vaccine Initiative
and not less than $26,000,000 should be made available for a
United States contribution to UNAIDS: Provided further, That of
the funds appropriated under this heading, $60,000,000 should
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 Develop-
ment’’ for costs directly related to international health, but funds
H. R. 2673—144
made available for such costs may not be derived from amounts
made available for contribution under this and preceding provisos:
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 deter-
mined by the President of the United States, supports or partici-
pates 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 perform-
ance 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 plan-
ning 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 pro-
viso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
H. R. 2673—145
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 to the maximum
extent feasible, taking into consideration cost, timely availability,
and best health practices, funds appropriated in this Act or prior
appropriations Acts that are made available for condom procure-
ment shall be made available only for the procurement of condoms
manufactured in the United States: Provided further, That informa-
tion provided about the use of condoms as part of projects or
activities that are funded from amounts 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 Inter-
national 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, $1,385,000,000, of which up to $150,000,000 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 avail-
able except through the regular notification procedures of the
Committees on Appropriations: Provided further, That $190,000,000
should be allocated for trade capacity building: Provided further,
That $235,000,000 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 Develop-
ment 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: Pro-
vided 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:
Provided further, That of the aggregate amount of the funds appro-
priated by this Act that are made available for agriculture and
rural development programs, $25,000,000 should be made available
for plant biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for core
support for the International Fertilizer Development Center: Pro-
vided further, That of the funds appropriated under this heading,
not less than $19,000,000 should be made available for the Amer-
ican Schools and Hospitals Abroad program: Provided further, That
of the funds appropriated under this heading, not less than
$10,000,000, in addition to other funds available under this heading
for assistance for Mexico, should be made available for programs
and activities in rural Mexico to promote microfinance, small busi-
ness development, energy and environmental conservation, and pri-
vate property ownership in rural communities, and to support small
farmers who have been affected by adverse economic conditions:
H. R. 2673—146
Provided further, That funds made available pursuant to the pre-
vious proviso shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That of
the funds appropriated by this Act, $100,000,000 shall be made
available for drinking water supply projects and related activities.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses of the United States Agency for Inter-
national Development to carry out the provisions of section 491
of the Foreign Assistance Act of 1961, as amended for international
disaster relief, rehabilitation, and reconstruction assistance,
$235,500,000, to remain available until expended.
In addition, for necessary expenses for assistance for famine
prevention and relief, including for mitigation of the effects of
famine, $20,000,000, to remain available until expended: Provided,
That such funds shall be made available utilizing the general
authorities of section 491 of the Foreign Assistance Act of 1961,
and shall be in addition to amounts otherwise available for such
purposes: Provided further, That funds appropriated by this para-
graph shall be available for obligation subject to prior consultation
with the Committees on Appropriations.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $55,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve demo-
cratic institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided further, That
the United States Agency for International Development shall
submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance: Provided
further, That if the President determines that is important to the
national interests of the United States to provide transition assist-
ance in excess of the amount appropriated under this heading,
up to $15,000,000 of the funds appropriated by this Act to carry
out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided fur-
ther, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with the
Committees on Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as author-
ized by sections 108 and 635 of the Foreign Assistance Act of
1961, funds may be derived by transfer from funds appropriated
by this Act to carry out part I of such Act and under the heading
‘‘Assistance for Eastern Europe and the Baltic States’’: Provided,
That such funds shall not exceed $21,000,000, which shall be made