H. J. Res. 2—176
the regular notification procedures of the Committees on Appropria-
tions.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to the
disbursement of such funds by the Fund for program purposes.
The Fund may retain for such program purposes any interest earned
on such deposits without returning such interest to the Treasury
of the United States and without further appropriation by the
Congress. Funds made available for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment
for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior appro-
priations Acts under the heading ‘‘Assistance for the Independent
States of the Former Soviet Union’’ and under comparable headings
in prior appropriations Acts, for projects or activities that have
as one of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance to the
New Independent States and the implementing agency shall encour-
age the participation of and give significant weight to contractors
and grantees who propose investing a significant amount of their
own resources (including volunteer services and in-kind contribu-
tions) in such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
SEC. 518. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of abortions as a method of family
planning or to motivate or coerce any person to practice abortions.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for the
performance of involuntary sterilization as a method of family plan-
ning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for any biomedical research which relates
in whole or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended
for any country or organization if the President certifies that the
use of these funds by any such country or organization would
violate any of the above provisions related to abortions and involun-
tary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year
2003, for programs under title I of this Act may be transferred
H. J. Res. 2—177
between such appropriations for use for any of the purposes, pro-
grams, and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifi-
cally provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or the Democratic Republic of the Congo
except as provided through the regular notification procedures of
the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program, project, and
activity’’ shall be defined at the appropriations Act account level
and shall include all appropriations and authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the
following accounts: Economic Support Fund and Foreign Military
Financing Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central program level
funding within each such account; for the development assistance
accounts of the United States Agency for International Development
‘‘program, project, and activity’’ shall also be considered to include
central, country, regional, and program level funding, either as:
(1) justified to the Congress; or (2) allocated by the executive branch
in accordance with a report, to be provided to the Committees
on Appropriations within 30 days of the enactment of this Act,
as required by section 653(a) of the Foreign Assistance Act of
1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ‘‘Child Survival and
Health Programs Fund’’, may be used to reimburse United States
Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International
Development for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Development
Assistance’’ may be used to reimburse such agencies, institutions,
and organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by this Act that are made available for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law: Provided further, That funds appropriated under title II
of this Act may be made available pursuant to section 301 of
the Foreign Assistance Act of 1961 if a primary purpose of the
H. J. Res. 2—178
assistance is for child survival and related programs: Provided
further, That of the funds appropriated under title II of this Act,
not less than $446,500,000 shall be made available for family plan-
ning/reproductive health.
AFGHANISTAN
SEC. 523. Of the funds appropriated by title II of this Act,
not less than $295,500,000 shall be made available for humani-
tarian, reconstruction, and related assistance for Afghanistan: Pro-
vided, That of the funds made available pursuant to this section,
not less than $50,000,000 should be from funds appropriated under
the heading ‘‘Economic Support Fund’’ for rehabilitation of primary
roads, implementation of the Bonn Agreement and women’s develop-
ment, of which not less than $5,000,000 is to support activities
coordinated by the Afghan Ministry of Women’s Affairs, including
the establishment and support of multi-service women’s centers
in Afghanistan: Provided further, That of the funds made available
pursuant to this section from ‘‘Development Assistance’’, ‘‘Inter-
national Disaster Assistance’’ and ‘‘Transition Initiatives’’, high pri-
ority should be placed on girls’ and women’s education, health,
legal and social rights, economic opportunities, and political partici-
pation by women: Provided further, That assistance should be made
available to communities and families that were adversely affected
by the military operations: Provided further, That of the funds
made available pursuant to this section, up to $9,850,000 may
be transferred to and merged with funds appropriated by this
Act under the headings ‘‘Operating Expenses of the United States
Agency for International Development’’ and ‘‘Operating Expenses
of the United States Agency for International Development
Inspector General’’.
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.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except funds appro-
priated under the headings ‘‘Trade and Development Agency’’,
‘‘International Military Education and Training’’, ‘‘Foreign Military
Financing Program’’, ‘‘Migration and Refugee Assistance’’, ‘‘Peace
H. J. Res. 2—179
Corps’’, and ‘‘Nonproliferation, Anti-Terrorism, Demining and
Related Programs’’, may be obligated and expended notwithstanding
section 10 of Public Law 91–672 and section 15 of the State Depart-
ment Basic Authorities Act of 1956.
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 $15,000,000 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, Hong Kong and Tibet:
Provided, That not to exceed $3,000,000 may be made available
to nongovernmental organizations to support activities which pre-
serve cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in China:
Provided further, That funds appropriated under the heading ‘‘Eco-
nomic 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 Government: 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) In addition to the funds made available in subsection (a),
of the funds appropriated by this Act under the heading ‘‘Economic
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 freedoms, 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 international ter-
rorism: Provided, That funds made available pursuant to the
authority of this subsection should support new initiatives or bolster
ongoing programs and activities in those countries: Provided further,
That not less than $3,000,000 should be made available for pro-
grams and activities that provide professional training for journal-
ists: Provided further, That notwithstanding any other provision
of law, funds made available pursuant to the authority of this
subsection may be made available to support the advancement
of democracy and human rights in Iran: Provided further, That
funds made available pursuant to this subsection shall be subject
to the regular notification procedures of the Committees on Appro-
priations.
(c) Of the funds made available under subsection (a), not less
than $9,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights
and Labor, Department of State, to support the activities described
in subsection (a), and of the funds made available under subsection
(b), not less than $7,000,000 shall be made available for such
Fund to support the activities described in subsection (b): Provided,
That funds made available in this section for such Fund are in
addition to the $12,000,000 requested by the President for the
Fund for fiscal year 2003.