330
HJ 2 PP
$12,000,000 should be made available for the International
AIDS Vaccine Initiative, and $100,000,000 should be made
available for the International Mother and Child HIV Pre-
vention Initiative: 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 United States Agency
for International Development, and the authority of sec-
tions 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 Depart-
ment 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 $25,000,000 of
such funds to the Centers for Disease Control and Preven-
tion: Provided further, That none of the funds made avail-
able 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 steriliza-
tion: Provided further, That none of the funds made avail-
able 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,
331
HJ 2 PP
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 re-
ferral 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 fam-
ily 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 fi-
nancial reward to: (A) an individual in exchange for be-
coming a family planning acceptor; or (B) program per-
sonnel 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
332
HJ 2 PP
services; (4) the project shall provide family planning ac-
ceptors 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 experi-
mental contraceptive drugs and devices and medical proce-
dures 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 Inter-
national Development determines that there has been a vio-
lation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of viola-
tions 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 fam-
ily planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against be-
cause of such applicant’s religious or conscientious commit-
ment to offer only natural family planning; and, addition-
ally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes
333
HJ 2 PP
of this or any other Act authorizing or appropriating funds
for foreign operations, export financing, and related pro-
grams, 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 restric-
tions with respect to assistance for HIV/AIDS, family plan-
ning, or child survival and health activities shall not be
construed to restrict assistance in support of programs to
expand the availability and use of condoms for HIV/AIDS
prevention and of contraceptives from funds appropriated
by this Act: Provided further, That nothing in this para-
graph shall be construed to alter any existing statutory pro-
hibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That the funds
under this heading that are available for the treatment and
prevention of HIV/AIDS should also include programs and
activities that are designed to maintain and preserve the
families of those persons afflicted with HIV/AIDS and to
reduce the numbers of orphans created by HIV/AIDS.
334
HJ 2 PP
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
ADDITIONAL AMOUNT FOR GLOBAL HIV/AIDS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount 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, $180,000,000, to remain
available until September 30, 2004: Provided, That of such
amount, not less than $100,000,000 shall be made available
for a United States contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (in addition to
amounts made available for contribution to such Fund
under any other provision of this Act): Provided, further,
That, of the additional amount appropriated under this
heading, up to $25,000,000 (not to be derived from the
amount made available for contribution under the pre-
ceding proviso) may be transferred to (and upon transfer
shall be merged with) amounts appropriated for the Depart-
ment of Health and Human Services for the Centers for
Disease Control and Prevention for disease control, re-
search, and training under title II of division G of this
Act, which shall be made available for child survival, mater-
nal health, and other disease programs and development ac-
tivities to prevent, treat, care for, and address the impact
335
HJ 2 PP
and consequences of HIV/AIDS: Provided, further, That not
more than seven percent of the total amount appropriated
under this heading may be made available for administra-
tive costs of departments and agencies of the United States
that carry out programs for which funds are appropriated
under this heading, but funds made available for such costs
may not to be derived from amounts made available for
contribution and transfer under the preceding provisos.
DEVELOPMENT ASSISTANCE
For necessary expenses 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, $1,365,500,000, to
remain available until September 30, 2004: Provided, That
none of the funds appropriated under title II of this Act
that are managed by or allocated to the United States Agen-
cy for International Development’s Global Development Al-
liance Secretariat, may be made available except through
the regular notification procedures of the Committees on
Appropriations: Provided further, That $200,000,000
should be allocated for children’s basic education: Provided
further, That none of the funds appropriated under this
heading may be made available for any activity which is
in contravention to the Convention on International Trade
in Endangered Species of Flora and Fauna: Provided fur-
ther, That of the funds appropriated under this heading
that are made available for assistance programs for dis-