S.Amdt. 1992

1. Inserts “Provided further, That of the funds appropriated under this heading, not less than $15,00…” after “proviso:”

   InsertsPage 7, line 20Printed page

   In H.R. 2800 · Placed on Calendar Senate

   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 [inserted: of the funds appropriated under this heading, not less than $15,000,000 shall be available ]for [inserted: the Global Tuberculosis Drug Facility: 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

   Original wording

   On page 7, line 20, after “proviso:” insert “Provided further, That of the funds appropriated under this heading, not less than $15,000,000 shall be available for the Global Tuberculosis Drug Facility:”.

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As printed