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ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
For operation of the Water and Sewer Authority,
$253,743,000 from other funds of which $18,093,000 shall
be apportioned for repayment to the District’s debt service
fund for repayment of loans and interest incurred on cap-
ital improvement projects.
For construction projects, $342,458,000, in the fol-
lowing capital programs: $213,669,000 for the Blue Plains
Wastewater Treatment Plant, $24,539,000 for the sewer
program, $56,561,000 for the combined sewer program, of
which $50,000,000 is from funds appropriated earlier in
this Act as a Federal Payment for Anacostia Waterfront
Initiative, $5,635,000 for the stormwater program,
$34,054,000 for the water program, $8,000,000 for the cap-
ital equipment program: Provided, That the requirements
and restrictions that are applicable to general fund capital
improvements projects and set forth in this Act under the
Capital Outlay appropriation account shall apply to
projects approved under this appropriation account.
WASHINGTON AQUEDUCT
For 
operation 
of 
the 
Washington 
Aqueduct,
$57,847,000 from other funds.
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STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND
For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,100,000 from other funds.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act, 1982 (95 Stat. 1174, 1175; Public Law 97–91),
for the purpose of implementing the Law to Legalize Lot-
teries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia (D.C. Law
3–172; D.C. Official Code, sec. 3–1301 et seq. and sec. 22–
1716 et seq.), $232,881,000: Provided, That the District of
Columbia shall identify the source of funding for this ap-
propriation title from the District’s own locally generated
revenues: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Lottery and Charitable Games Control Board.
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission,
$20,510,000, of which $15,510,000 is from other funds and
$5,000,000 is from funds appropriated earlier in this Act
as a Federal Payment for Anacostia Waterfront Initiative.
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, estab-
lished by section 121 of the District of Columbia Retirement
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Reform Act of 1979 (93 Stat. 866; D.C. Official Code, sec.
1–711), $13,388,000 from the earnings of the applicable re-
tirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of Co-
lumbia Retirement Board: Provided, That the District of
Columbia Retirement Board shall provide to the Congress
and to the Council of the District of Columbia a quarterly
report of the allocations of charges by fund and of expendi-
tures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for
transmittal to the Council of the District of Columbia, an
itemized accounting of the planned use of appropriated
funds in time for each annual budget submission and the
actual use of such funds in time for each annual audited
financial report.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $78,700,000 from other funds.
NATIONAL CAPITAL REVITALIZATION CORPORATION
For the National Capital Revitalization Corporation,
$6,745,000 from other funds.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For 
construction 
projects, 
an 
increase 
of
$1,235,518,908 of which $253,991,128 shall be from a re-
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scission from local funds appropriated under this heading
in prior fiscal years, for a net amount of $981,527,780 to
remain available until expended: Provided, That funds for
use of each capital project implementing agency shall be
managed and controlled in accordance with all procedures
and limitations established under the Financial Manage-
ment System: Provided further, That all funds provided by
this appropriation title shall be available only for the spe-
cific projects and purposes intended: Provided further, That
the District of Columbia Public Libraries shall allocate cap-
ital funds, from existing resources, in fiscal year 2003 for
the planning and design of a new Francis Gregory Public
Library.
GENERAL PROVISIONS
SEC. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount
set apart exclusively therefor.
SEC. 102. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of organi-
zations concerned with the work of the District of Columbia
government, when authorized by the Mayor: Provided, That
in the case of the Council of the District of Columbia, funds
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may be expended with the authorization of the chair of the
Council.
SEC. 103. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making refunds and for the payment of legal set-
tlements or judgments that have been entered against the
District of Columbia government: Provided, That nothing
contained in this section shall be construed as modifying
or affecting the provisions of section 11(c)(3) of title XII
of the District of Columbia Income and Franchise Tax Act
of 1947 (70 Stat. 78; Public Law 84–460; D.C. Code, sec.
47–1812.11(c)(3)).
SEC. 104. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 105. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities. Noth-
ing herein is intended to prohibit the availability of school
buildings for the use of any community or partisan polit-
ical group during non-school hours.
SEC. 106. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
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of the District of Columbia government whose name, title,
grade, and salary are not available for inspection by the
House and Senate Committees on Appropriations, the
House Committee on Government Reform, the Senate Com-
mittee on Governmental Affairs, and the Council of the Dis-
trict of Columbia, or their duly authorized representative.
SEC. 107. (a) Except as provided in subsection (b), no
part of this appropriation shall be used for publicity or
propaganda purposes or implementation of any policy in-
cluding boycott designed to support or defeat legislation
pending before Congress or any State legislature.
(b) The District of Columbia may use local funds pro-
vided in this Act to carry out lobbying activities on any
matter other than—
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or vot-
ing representation in Congress for the District of Co-
lumbia.
(c) Nothing in this section may be construed to pro-
hibit any elected official from advocating with respect to
any of the issues referred to in subsection (b).
SEC. 108. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor shall
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report to the Council of the District of Columbia and the
Congress the actual borrowings and spending progress com-
pared with projections.
SEC. 109. (a) None of the funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for ob-
ligation or expenditure in fiscal year 2003, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or ex-
penditure for an agency through a reprogramming of funds
which: (1) creates new programs; (2) eliminates a program,
project, or responsibility center; (3) establishes or changes
allocations specifically denied, limited or increased by Con-
gress in this Act; (4) increases funds or personnel by any
means for any program, project, or responsibility center for
which funds have been denied or restricted; (5) reestablishes
through reprogramming any program or project previously
deferred through reprogramming; (6) augments existing
programs, projects, or responsibility centers through a re-
programming of funds in excess of $1,000,000 or 10 percent,
whichever is less; or (7) increases by 20 percent or more
personnel assigned to a specific program, project or respon-
sibility center; unless the Committees on Appropriations of
both the Senate and House of Representatives are notified
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in writing 30 days in advance of any reprogramming as
set forth in this section.
(b) None of the local funds contained in this Act may
be available for obligation or expenditure for an agency
through a transfer of any local funds from one appropria-
tion heading to another unless the Committees on Appro-
priations of the Senate and House of Representatives are
notified in writing 30 days in advance of the transfer, ex-
cept that in no event may the amount of any funds trans-
ferred exceed four percent of the local funds in the appro-
priation.
SEC. 110. Consistent with the provisions of 31 U.S.C.
1301(a), appropriations under this Act shall be applied
only to the objects for which the appropriations were made
except as otherwise provided by law.
SEC. 111. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–
139; D.C. Official Code, sec. 1–601.01 et seq.), enacted pur-
suant to section 422(3) of the District of Columbia Home
Rule Act (87 Stat. 790; Public Law 93–198; D.C. Official
Code, sec. 1–204.22(3)), shall apply with respect to the com-
pensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Colum-
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bia government shall not be subject to the provisions of title
5, United States Code.
SEC. 112. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 2003,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year 2003
revenue estimates as of the end of the first quarter of fiscal
year 2003. These estimates shall be used in the budget re-
quest for the fiscal year ending September 30, 2004. The
officially revised estimates at midyear shall be used for the
midyear report.
SEC. 113. No sole source contract with the District of
Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of 1985
(D.C. Law 6–85; D.C. Code, sec. 2–303.03), except that the
District of Columbia government or any agency thereof may
renew or extend sole source contracts for which competition
is not feasible or practical: Provided, That the determina-
tion as to whether to invoke the competitive bidding process
has been made in accordance with duly promulgated rules
and procedures and said determination has been reviewed
and certified by the Chief Financial Officer of the District
of Columbia.
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SEC. 114. (a) In the event a sequestration order is
issued pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99–
177), after the amounts appropriated to the District of Co-
lumbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia
shall pay to the Secretary of the Treasury, within 15 days
after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in the
order shall be applied proportionately to each of the Federal
appropriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (99 Stat. 1037; Public
Law 99–177), the term ‘‘program, project, and activity’’
shall be synonymous with and refer specifically to each ac-
count appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Pro-
vided, That sequestration orders shall not be applied to any
account that is specifically exempted from sequestration by
the Balanced Budget and Emergency Deficit Control Act
of 1985.
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SEC. 115. (a) IN GENERAL.—(1) An entity of the Dis-
trict of Columbia government may accept and use a gift
or donation during fiscal year 2003 and any subsequent
fiscal year if—
(A) the Mayor approves the acceptance and use
of the gift or donation (except as provided in para-
graph (2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts with-
out prior approval by the Mayor.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a), and
shall make such records available for audit and public in-
spection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
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SEC. 116. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood Constitutional Convention Initiatives of 1979 (D.C.
Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 117. None of the funds appropriated under this
Act shall be expended for any abortion except where the life
of the mother would be endangered if the fetus were carried
to term or where the pregnancy is the result of an act of
rape or incest.
SEC. 118. None of the Federal funds made available
in this Act may be used to implement or enforce the Health
Care Benefits Expansion Act of 1992 (D.C. Law 9–114;
D.C. Official Code, sec. 32–701 et seq.) or to otherwise im-
plement or enforce any system of registration of unmarried,
cohabiting couples, including but not limited to registration
for the purpose of extending employment, health, or govern-
mental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
SEC. 119. (a) Notwithstanding any other provision of
this Act, the Mayor, in consultation with the Chief Finan-
cial Officer may accept, obligate, and expend Federal, pri-
vate, and other grants received by the District government
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that are not reflected in the amounts appropriated in this
Act.
(b) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until—
(1) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
(2) the Council within 15 calendar days after re-
ceipt of the report submitted under paragraph (1) has
reviewed and approved the acceptance, obligation,
and expenditure of such grant.
(c) No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or re-
ceipt of a Federal, private, or other grant not subject to
this subsection.
(d) The Chief Financial Officer of the District of Co-
lumbia shall prepare a quarterly report setting forth de-
tailed information regarding all Federal, private, and other
grants subject to this section. Each such report shall be sub-
mitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of Rep-
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resentatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.
SEC. 120. (a) Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by
any other Act may be used to provide any officer or em-
ployee of the District of Columbia with an official vehicle
unless the officer or employee uses the vehicle only in the
performance of the officer’s or employee’s official duties. For
purposes of this paragraph, the term ‘‘official duties’’ does
not include travel between the officer’s or employee’s resi-
dence and workplace, except in the case of—
(1) in the case of an officer or employee of the
Metropolitan Police Department who resides in the
District of Columbia or is otherwise designated by the
Chief of the Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides
in the District of Columbia and is on call 24 hours
a day;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District
of Columbia).
(b) The Chief Financial Officer of the District of Co-
lumbia shall submit, by February 15, 2003, an inventory,
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HJ 2 EAS
as of September 30, 2002, of all vehicles owned, leased or
operated by the District of Columbia government. The in-
ventory shall include, but not be limited to, the department
to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition
of the vehicle; annual operating and maintenance costs; cur-
rent mileage; and whether the vehicle is allowed to be taken
home by a District officer or employee and if so, the officer
or employee’s title and resident location.
(c) No officer or employee of the District of Columbia
government (including any independent agency of the Dis-
trict but excluding the Office of the Chief Technology Offi-
cer, the Chief Financial Officer of the District of Columbia,
and the Metropolitan Police Department) may enter into
an agreement in excess of $2,500 for the procurement of
goods or services on behalf of any entity of the District gov-
ernment until the officer or employee has conducted an
analysis of how the procurement of the goods and services
involved under the applicable regulations and procedures
of the District government would differ from the procure-
ment of the goods and services involved under the Federal
supply schedule and other applicable regulations and proce-
dures of the General Services Administration, including an
analysis of any differences in the costs to be incurred and
the time required to obtain the goods or services.
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SEC. 121. Notwithstanding any other provision of law,
not later than 120 days after the date that a District of
Columbia Public Schools (DCPS) student is referred for
evaluation or assessment—
(1) the District of Columbia Board of Education,
or its successor, and DCPS shall assess or evaluate a
student who may have a disability and who may re-
quire special education services; and
(2) if a student is classified as having a dis-
ability, as defined in section 101(a)(1) of the Individ-
uals with Disabilities Education Act (84 Stat. 175;
20 U.S.C. 1401(a)(1)) or in section 7(8) of the Reha-
bilitation Act of 1973 (87 Stat. 359; 29 U.S.C.
706(8)), the Board and DCPS shall place that student
in an appropriate program of special education serv-
ices.
SEC. 122. (a) No funds appropriated in this Act may
be made available to any person or entity that violates the
Buy American Act (41 U.S.C. 10a–10c).
(b)(1) In the case of any equipment or product that
may be authorized to be purchased with financial assistance
provided using funds made available in this Act, it is the
sense of the Congress that entities receiving the assistance
should, in expending the assistance, purchase only Amer-
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ican-made equipment and products to the greatest extent
practicable.
(2) In providing financial assistance using funds
made available in this Act, the head of each agency of the
Federal or District of Columbia government shall provide
to each recipient of the assistance a notice describing the
statement made in paragraph (1) by the Congress.
(c) If it has been finally determined by a court or Fed-
eral agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscrip-
tion with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 123. None of the funds contained in this Act may
be used for purposes of the annual independent audit of
the District of Columbia government for fiscal year 2003
unless—
(1) the audit is conducted by the Inspector Gen-
eral of the District of Columbia, in coordination with
the Chief Financial Officer of the District of Colum-
bia, pursuant to section 208(a)(4) of the District of
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HJ 2 EAS
Columbia Procurement Practices Act of 1985 (D.C.
Official Code, sec. 2–302.8); and
(2) the audit includes as a basic financial state-
ment a comparison of audited actual year-end results
with the revenues submitted in the budget document
for such year and the appropriations enacted into law
for such year using the format, terminology, and clas-
sifications contained in the law making the appro-
priations for the year and its legislative history.
SEC. 124. None of the funds contained in this Act may
be used by the District of Columbia Corporation Counsel
or any other officer or entity of the District government
to provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting rep-
resentation in Congress for the District of Columbia.
SEC. 125. (a) None of the Federal funds contained in
this Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any ille-
gal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in
this Act.
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SEC. 126. None of the funds contained in this Act may
be used after the expiration of the 60-day period that begins
on the date of the enactment of this Act to pay the salary
of any chief financial officer of any office of the District
of Columbia government (including any independent agen-
cy of the District) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District
of Columbia that the officer understands the duties and re-
strictions applicable to the officer and the officer’s agency
as a result of this Act (and the amendments made by this
Act), including any duty to prepare a report requested ei-
ther in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be sub-
mitted, and the District’s Chief Financial Officer shall pro-
vide to the Committees on Appropriations of the Senate and
the House of Representatives by the 10th day after the end
of each quarter a summary list showing each report, the
due date and the date submitted to the committees.
SEC. 127. (a) None of the funds contained in this Act
may be used to enact or carry out any law, rule, or regula-
tion to legalize or otherwise reduce penalties associated with
the possession, use, or distribution of any schedule I sub-
stance under the Controlled Substances Act (21 U.S.C. 802)
or any tetrahydrocannabinols derivative.
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(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on Novem-
ber 3, 1998, shall not take effect.
SEC. 128. Nothing in this Act may be construed to pre-
vent the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive cov-
erage by health insurance plans, but it is the intent of Con-
gress that any legislation enacted on such issue should in-
clude a ‘‘conscience clause’’ which provides exceptions for
religious beliefs and moral convictions.
SEC. 129. (a) If the Superior Court of the District of
Columbia or the District of Columbia Court of Appeals does
not make a payment described in subsection (b) prior to
the expiration of the 45-day period which begins on the date
the Court receives a completed voucher for a claim for the
payment, interest shall be assessed against the amount of
the payment which would otherwise be made to take into
account the period which begins on the day after the expira-
tion of such 45-day period and which ends on the day the
Court makes the payment.
(b) A payment described in this subsection is—
(1) a payment authorized under section 11–2604
and section 11–2605, D.C. Code (relating to represen-
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tation provided under the District of Columbia
Criminal Justice Act);
(2) a payment for counsel appointed in pro-
ceedings in the Family Division of the Superior
Court of the District of Columbia under chapter 23
of title 16, D.C. Code; or
(3) a payment for counsel authorized under sec-
tion 21–2060, D.C. Code (relating to representation
provided under the District of Columbia Guardian-
ship, Protective Proceedings, and Durable Power of
Attorney Act of 1986).
(c) The chief judges of the Superior Court of the Dis-
trict of Columbia and the District of Columbia Court of
Appeals shall establish standards and criteria for deter-
mining whether vouchers submitted for claims for payments
described in subsection (b) are complete, and shall publish
and make such standards and criteria available to attor-
neys who practice before such Courts.
(d) Nothing in this section shall be construed to require
the assessment of interest against any claim (or portion of
any claim) which is denied by the Court involved.
(e) This section shall apply with respect to claims re-
ceived by the Superior Court of the District of Columbia
or the District of Columbia Court of Appeals during fiscal
year 2003, claims received previously that remained unpaid
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at the end of fiscal year 2002, which would have qualified
for interest payment under this section, and to claims in
any subsequent fiscal year.
SEC. 130. The Mayor of the District of Columbia shall
submit to the Senate and House Committees on Appropria-
tions, the Senate Governmental Affairs Committee, and the
House Government Reform Committee quarterly reports ad-
dressing the following issues—
(1) crime, including the homicide rate, imple-
mentation of community policing, the number of po-
lice officers on local beats, and the closing down of
open-air drug markets;
(2) access to drug abuse treatment, including the
number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent
offenders, including the number of halfway house es-
capes and steps taken to improve monitoring and su-
pervision of halfway house residents to reduce the
number of escapes to be provided in consultation with
the Court Services and Offender Supervision Agency;
(4) education, including access to special edu-
cation services and student achievement to be pro-
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vided in consultation with the District of Columbia
Public Schools;
(5) improvement in basic District services, in-
cluding 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. 131. Nothing in this Act bars the District of Co-
lumbia Corporation Counsel from reviewing or commenting
on briefs in private lawsuits, or from consulting with offi-
cials of the District government regarding such lawsuits.
SEC. 132. No later than 30 calendar days after the
date of the enactment of this Act, the Chief Financial Offi-
cer of the District of Columbia shall submit to the appro-
priate committees of Congress, the Mayor, and the Council
a revised appropriated funds operating budget in the for-
mat of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Colum-
bia Home Rule Act (Public Law 93–198; D.C. Official
Code, sec. 1–204.42), for all agencies of the District of Co-
lumbia government for such fiscal year that is in the total
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amount of the approved appropriation and that realigns
all budgeted data for personal services and other-than-per-
sonal-services, respectively, with anticipated actual expend-
itures.
SEC. 133. In addition to any other authority to pay
claims and judgments, any department, agency, or instru-
mentality of the District government may pay the settle-
ment or judgment of a claim or lawsuit in an amount less
than $10,000, in accordance with the Risk Management for
Settlements and Judgments Amendment Act of 2000, effec-
tive October 19, 2000 (D.C. Law 13–172; D.C. Official
Code, sec. 2–402).
SEC. 134. 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 relat-
ing to docket numbers 93–030–(PA) and 93–031–(PA).
SEC. 135. 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 any
action, including an administrative proceeding,
brought against the District of Columbia Public
Schools under the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) in excess of $4,000
for that action; or
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(2) the fees of an attorney or firm whom the
Chief Financial Officer of the District of Columbia
determines to have a pecuniary interest, either
through an attorney, officer or employee of the firm,
in any special education diagnostic services, schools,
or other special education service providers.
This division may be cited as the ‘‘District of Colum-
bia Appropriations Act, 2003’’.
DIVISION D—ENERGY AND WATER
DEVELOPMENT APPROPRIATIONS, 2003
Making appropriations for energy and water development
for the fiscal year ending September 30, 2003, 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, 2003, for energy and
water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
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and harbors, flood control, shore protection, and related
purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$148,304,000, to remain available until expended.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
a commitment of the Government to construction),
$1,636,602,000, to remain available until expended, of
which such sums as are necessary for the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Har-
bor Maintenance Trust Fund, as authorized by Public Law
104–303; and of which such sums as are necessary pursuant
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to Public Law 99–662 shall be derived from the Inland Wa-
terways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa;
Lock and Dam 24, Mississippi River, Illinois and Missouri;
Lock and Dam 3, Mississippi River, Minnesota; and Lon-
don Locks and Dam, Kanawha River, West Virginia,
projects; and of which $500,000 may be available for dis-
persal barriers in the Chicago Ship and Sanitary Canal,
Illinois: Provided, That using $2,000,000 of the funds pro-
vided herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to conduct, at full Federal
expense, technical studies of individual ditch systems iden-
tified by the State of Hawaii, and to assist the State in
diversification by helping to define the cost of repairing and
maintaining selected ditch systems: Provided further, That
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $2,000,000 of the funds appro-
priated herein to continue construction of the navigation
project at Kaumalapau Harbor, Hawaii: Provided further,
That the Secretary of the Army is directed to use $5,000,000
of the funds provided herein for Dam safety and Seepage/
Stability Correction Program to continue construction of
seepage control features at Waterbury Dam, Vermont: Pro-
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vided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use
$11,400,000 of the funds appropriated herein to proceed
with planning, engineering, design or construction of the
Grundy, Buchanan County, and Dickenson County, Vir-
ginia elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River Project: Pro-
vided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $5,500,000
of the funds appropriated herein to proceed with the plan-
ning, engineering, design or construction of the Lower
Mingo County, Upper Mingo County, Wayne County,
McDowell County, West Virginia elements of the Levisa and
Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed
to continue the Dickenson County Detailed Project Report
as generally defined in Plan 4 of the Huntington District
Engineer’s Draft Supplement to the Section 202 General
Plan for Flood Damage Reduction dated April 1997, in-
cluding all Russell Fork tributary streams within the Coun-
ty and special considerations as may be appropriate to ad-
dress the unique relocations and resettlement needs for the
flood prone communities within the County: Provided fur-
ther, That the Assistant Secretary of the Army, acting
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through the Chief of Engineers is directed to proceed with
the construction of the Dallas Floodway Extension, Texas,
in accordance with the Chief of Engineers report dated De-
cember 7, 1999: Provided further, That the Assistant Sec-
retary of the Army, acting through the Chief of Engineers
is directed to proceed with the construction of the Seward
Harbor, Alaska project, in accordance with the Report of
the Chief of Engineers dated June 8, 1999 and the economic
justification contained therein: Provided further, That the
Assistant Secretary of the Army, acting through the Chief
of Engineers is directed to proceed with the construction
of the Wrangell Harbor, Alaska project in accordance with
the Chief of Engineer’s report dated December 23, 1999:
Provided further, That, of the funds provided herein,
$3,000,000 shall be made available for the Galena Bank
Stabilization Project in Galena, Alaska: Provided further,
That the Secretary of the Army, acting through the Chief
of Engineers, is authorized and directed to use $5,000,000
of Construction, General funding as provided herein for
construction of an emergency outlet from Devils Lake, North
Dakota, to the Sheyenne River, at an estimated total cost
of $100,000,000, which shall be cost-shared in accordance
with section 103 of the Water Resources Development Act
of 1986, as amended (33 U.S.C. 2213), except that the funds
shall not become available unless the Secretary of the Army
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determines that an emergency (as defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) exists with respect to the
emergency need for the outlet and reports to Congress that
the construction is technically sound and environmentally
acceptable, and in compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Pro-
vided further, That the justification for the emergency outlet
shall be fully described, including the analysis of the bene-
fits and costs, in the project plan documents: Provided fur-
ther, That the plans for the emergency outlet shall be re-
viewed and, to be effective, shall contain assurances pro-
vided by the Secretary of State, that the project will not
violate the Treaty Between the United States and Great
Britain Relating to the Boundary Waters Between the
United States and Canada, signed at Washington, January
11, 1909 (36 Stat. 2448; TS 548) (commonly known as the
‘‘Boundary Waters Treaty of 1909’’): Provided further,
That the Secretary of the Army shall submit the final plans
and other documents for the emergency outlet to Congress:
Provided further, That no funds made available under this
Act or any other Act for any fiscal year may be used by
the Secretary of the Army to carry out the portion of the
feasibility study of the Devils Lake Basin, North Dakota,
authorized under the Energy and Water Development Ap-
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propriations Act, 1993 (Public Law 102–377), that address-
es the needs of the area for stabilized lake levels through
inlet controls, or to otherwise study any facility or carry
out any activity that would permit the transfer of water
from the Missouri River Basin into Devils Lake.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, rescue work, repair, restoration, or maintenance of
flood control projects threatened or destroyed by flood, as
authorized by law (33 U.S.C. 702a and 702g–1),
$346,437,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the
Chief of Engineers, using $15,000,000 of the funds provided
herein, is directed to continue design and real estate activi-
ties and to initiate the pump supply contract for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi: Pro-
vided further, That the pump supply contract shall be per-
formed by awarding continuing contracts in accordance
with 33 U.S.C. § 621.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the protection, preservation,
operation, maintenance, and care of existing river and har-
bor, flood control, and related works, including such sums
as may be necessary for the maintenance of harbor channels
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provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,956,182,000, to remain avail-
able until expended, of which such sums as become available
in the Harbor Maintenance Trust Fund, pursuant to Public
Law 99–662, may be derived from that Fund, and of which
such sums as become available from the special account es-
tablished by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l), may be derived from that
account for construction, operation, and maintenance of
outdoor recreation facilities: Provided, That of funds appro-
priated herein, for the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of
Delaware for the SR1 Bridge from station 58∂00 to sta-
tion 293∂00 between May 12, 1997 and September 30,
2002.
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REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$144,252,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination
from sites throughout the United States resulting from work
performed as part of the Nation’s early atomic energy pro-
gram, $140,298,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control,
hurricane response, and emergency shore protection, and re-
lated activities, $20,227,000, to remain available until ex-
pended.
GENERAL EXPENSES
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Hum-
phreys Engineer Center Support Activity, the Institute for
Water Resources, and headquarters support functions at the
USACE Finance Center, $155,651,000, to remain available
until expended: Provided, That no part of any other appro-
priation provided in title I of this Act shall be available
to fund the activities of the Office of the Chief of Engineers
or the executive direction and management activities of the
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division offices: Provided further, That none of these funds
shall be available to support an Office of Congressional Af-
fairs within the Executive Office of the Chief of Engineers.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Agreements proposed for execution by the As-
sistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the enact-
ment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64–291; section 11 of the
River and Harbor Act of 1925, Public Law 68–585; the
Civil Functions Appropriations Act, 1936, Public Law 75–
208; section 215 of the Flood Control Act of 1968, as amend-
ed, Public Law 90–483; sections 104, 203, and 204 of the
Water Resources Development Act of 1986, as amended
(Public Law 99–662); section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102–
580; section 211 of the Water Resources Development Act
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of 1996, Public Law 104–303, and any other specific project
authority, shall be limited to credits and reimbursements
per project not to exceed $10,000,000 in each fiscal year,
and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 102. ST. GEORGES BRIDGE, DELAWARE. None of
the funds made available in this Act may be used to carry
out any activity relating to closure or removal of the St.
Georges Bridge across the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, includ-
ing a hearing or any other activity relating to preparation
of an environmental impact statement concerning the clo-
sure or removal.
SEC. 103. Section 595(h)(1) of Public Law 106–53 is
amended by striking ‘‘$25,000,000’’ and inserting in lieu
thereof ‘‘$100,000,000’’.
SEC. 104. The Secretary of the Army, acting through
the Chief of Engineers is directed to increase the use of the
private sector in performing planning, engineering and de-
sign work for Corps’ projects to 40 percent of the planning,
engineering and design work conducted by the Corps.
SEC. 105. ST. PAUL ISLAND HARBOR, ST. PAUL,
ALASKA TECHNICAL CORRECTIONS. Section 101(b)(3) of
Public Law 104–303 (the Water Resources Development Act
of 1996), (110 Stat. 3667) is amended by—
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(1) striking ‘‘$18,981,000’’ and inserting in lieu
thereof ‘‘$52,300,000’’; and
(2) striking ‘‘$12,239,000’’ and inserting in lieu
thereof ‘‘$45,558,000’’.
SEC. 106. ABIQUIU DAM, NEW MEXICO. Section 1112
of Public Law 99–662 (the Water Resources Development
Act of 1986), (100 Stat. 4232) is amended by striking
‘‘$2,700,000’’ and inserting in lieu thereof ‘‘$10,000,000’’.
SEC. 107. The project for flood control, Las Vegas Wash
and Tributaries (Flamingo and Tropicana Washes), Ne-
vada, authorized by section 101(13) of Public Law 102–
580 [106 Stat. 4803] is modified to include as a part of
the project channel crossings that are necessary for those
existing and proposed highways and roads shown on the
Clark County Comprehensive Plan Transportation Ele-
ment, approved by the Clark County Board of County Com-
missioners on October 1, 1996. The performance of work
required for construction of such channel crossings and the
costs incurred in performing such work shall be considered
part of the non-Federal sponsor’s responsibility to provide
lands, easements, and rights-of-way, and to perform reloca-
tions for the project. Costs incurred in performing such
work may not exceed $16,000,000.
SEC. 108. The Secretary of the Army may expend
funds under normal competitive procedures for necessary
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maintenance of the dredge McFARLAND. The Secretary
shall not obligate any funds to place the dredge in ready
reserve status.
SEC. 109. ATLANTIC
INTRACOASTAL
WATERWAY
BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESAPEAKE,
VIRGINIA. The project for replacement of the bridge at Great
Bridge, Chesapeake, Virginia, authorized by Section 339(h)
of Public Law 104–59 is modified to authorize the Secretary
to construct the project at an estimated cost of $46,000,000.
SEC. 110. None of the funds appropriated herein or
hereafter in this Act, or any other Act, shall be used to study
or implement any plans privatizing, divesting or transfer-
ring of any Civil Works missions, functions, or responsibil-
ities for the U.S. Army Corps of Engineers to other govern-
ment agencies without specific direction in a subsequent Act
of Congress.
SEC. 111. The project for flood control for the Amer-
ican and Sacramento Rivers, California, authorized by Sec-
tion 101(a)(1) of the Water Resources Development Act of
1996 (Public Law 104–303) and Section 366 of the Water
Resources Development Act of 1999, is modified to authorize
the Secretary of the Army, acting through the Chief of Engi-
neers, to construct the project at a total cost of
$205,000,000, with an estimated Federal share of
$153,840,000 and an estimated non-Federal share of
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$51,160,000. For purposes of section 103 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2213), the
modifications authorized by this section shall be subject to
the same cost sharing in effect for the project authorized
by 101(a)(1) of the Water Resources Development Act of
1996.
SEC. 112. The project for flood control for Terminus
Dam, Kaweah River, California, authorized by Section
101(b)(5) of the Water Resources Development Act of 1996,
is modified to authorize the Secretary of the Army, acting
through the Chief of Engineers, to construct the project at
a total cost of $50,000,000, with an estimated Federal share
of $28,600,000 and an estimated non-Federal share of
$21,400,000.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central
Utah Project Completion Act, $34,902,000, to remain avail-
able until expended, of which $11,259,000 shall be deposited
into the Utah Reclamation Mitigation and Conservation
Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
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In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the In-
terior, $1,326,000, to remain available until expended.
BUREAU OF RECLAMATION
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of
water and related natural resources and for related activi-
ties, including the operation, maintenance and rehabilita-
tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, Indian
tribes, and others, $816,147,000, to remain available until
expended, of which $36,400,000 shall be available for trans-
fer to the Upper Colorado River Basin Fund and
$34,327,000 shall be available for transfer to the Lower Col-
orado River Basin Development Fund; of which such
amounts as may be necessary may be advanced to the Colo-
rado River Dam Fund; of which $4,600,000 shall be for on-
reservation water development, feasibility studies, and re-
lated administrative costs under Public Law 106–163; (of
which not more than 25 percent of the amount provided
for drought emergency assistance may be used for financial
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assistance for the preparation of cooperative drought con-
tingency plans under title II of Public Law 102–250;) and
of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conserva-
tion Corps, as authorized by 16 U.S.C. 1706: Provided,
That such transfers may be increased or decreased within
the overall appropriation under this heading: Provided fur-
ther, That of the total appropriated, the amount for pro-
gram activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account es-
tablished by 16 U.S.C. 460l–6a(i) shall be derived from that
Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the
purposes for which contributed: Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to
this account and are available until expended for the same
purposes as the sums appropriated under this heading: Pro-
vided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be ex-
pended by the Bureau of Reclamation for site remediation
on a non-reimbursable basis: Provided further, That section
301 of Public Law 102–250, Reclamation States Emergency
Drought Relief Act of 1991, as amended, is amended further
by inserting ‘‘2002, and 2003’’ in lieu of ‘‘and 2002’’.
290
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CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act,
$48,904,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f), and
3406(c)(1) of Public Law 102–575, to remain available
until expended: Provided, That the Bureau of Reclamation
is directed to assess and collect the full amount of the addi-
tional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102–575.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out authorized activities that are in ac-
cord with the CALFED Bay-Delta Program, including ac-
tivities that would improve fish and wildlife habitat, water
supply reliability, and water quality, consistent with plans
to be approved by the Secretary of the Interior, $0, to re-
main available until expended, of which such amounts as
may be necessary to carry out such activities may be trans-
ferred to appropriate accounts of other participating Fed-
eral agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management.
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POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
$54,870,000, to be derived from the Reclamation Fund and
be nonreimbursable as provided in 43 U.S.C. 377: Provided,
That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy
and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed four passenger
motor vehicles for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. None of the funds appropriated or otherwise
made available by this or any other Act may be used to
pay the salaries and expenses of personnel to purchase or
lease water in the Middle Rio Grande or the Carlsbad
Projects in New Mexico unless said purchase or lease is in
compliance with the purchase requirements of section 202
of Public Law 106–60.
SEC. 202. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from
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willing lessors, in compliance with existing State laws and
administered under State water priority allocation. Such
leases may be entered into with an option to purchase: Pro-
vided, That such purchase is approved by the State in
which the purchase takes place and the purchase does not
cause economic harm within the State in which the pur-
chase is made.
SEC. 203. The natural desert terminal lakes program
administered by the Bureau of Reclamation shall apply
only to Walker and Pyramid Lakes in the State of Nevada.
SEC. 204. The Commissioner of the Bureau of Rec-
lamation is directed to increase the use of the private sector
in performing planning, engineering and design work for
Bureau of Reclamation’s projects to 10 percent in fiscal
year 2003, and in each subsequent year until the level of
work is at least 40 percent for the planning, engineering
and design work conducted by the Bureau of Reclamation.
SEC. 205. NORTH CENTRAL MONTANA RURAL WATER
SUPPLY. Using previously appropriated funds, the Bureau
is directed to undertake activities related to the development
of the North Central Montana Rural Water Supply system.
Such sums shall remain available, without fiscal year limi-
tation, until expended.
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SEC. 206. Section 8 of Public Law 104–298 (the Water
Desalination Act of 1996), (110 Stat. 3624) is amended fur-
ther by—
(1) in paragraph (a) by striking ‘‘2002’’ and in-
serting in lieu thereof ‘‘2004’’; and
(2) in paragraph (b) by striking ‘‘2002’’ and in-
serting in lieu thereof ‘‘2004’’.
SEC. 207. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine
the final point of discharge for the interceptor drain for
the San Luis Unit until development by the Secretary of
the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State
of California as approved by the Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage
Program shall be classified by the Secretary of the Interior
as reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ‘‘Cleanup Program—Alternative
Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
ment Plan’’ described in the report entitled ‘‘Repayment
Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, pre-
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pared by the Department of the Interior, Bureau of Rec-
lamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reim-
bursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 208. HERRING CREEK-TALL TIMBERS, MARY-
LAND. (a) IN GENERAL.—Using funds made available by
this Act, the Secretary of the Army, acting through the Chief
of Engineers, may provide immediate corrective mainte-
nance to the project at Herring Creek-Tall Timbers, Mary-
land, at full Federal expense.
(b) INCLUSIONS.—The corrective maintenance de-
scribed in subsection (a), and any other maintenance per-
formed after the date of enactment of this Act with respect
to the project described in that subsection, may include re-
pair or replacement, as appropriate, of the foundation and
structures adjacent and structurally integral to the project.
SEC. 209. (a) NORTH LAS VEGAS WATER REUSE
PROJECT.—
(1) AUTHORIZATION.—The Secretary of the Inte-
rior, in cooperation with the appropriate local au-
thorities, may participate in the design, planning,
and construction of the North Las Vegas Water Reuse
Project (hereinafter referred to as the ‘‘Project’’) to re-
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claim and reuse water in the service area of the North
Las Vegas Utility Division Service Area of the city
North Las Vegas and county of Clark, Nevada.
(2) COST SHARE.—The Federal share of the cost
of the Project shall not exceed 25 percent of the total
cost.
(3) LIMITATION.—Funds provided by the Sec-
retary shall not be used for the operation or mainte-
nance of the Project.
(4) FUNDING.—Funds appropriated pursuant to
section 1631 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.
390h–13) may be used for the Project.
(b) RECLAMATION WASTEWATER AND GROUNDWATER
STUDY AND FACILITIES ACT.—Design, planning, and con-
struction of the Project authorized by this Act shall be in
accordance with, and subject to the limitations contained
in, the Reclamation Wastewater and Groundwater Study
and Facilities Act (106 Stat. 4663–4669, 43 U.S.C. 390h
et seq.), as amended.
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TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for energy supply,
and uranium supply and enrichment activities in carrying
out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$815,306,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for non-defense en-
vironmental management activities in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$176,000,000, to remain available until expended.
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URANIUM FACILITIES MAINTENANCE AND REMEDIATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium processing
facilities, $471,154,000, of which $334,523,000 shall be de-
rived from the Uranium Enrichment Decontamination and
Decommissioning Fund, all of which shall remain available
until expended.
SCIENCE
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 25 passenger
motor vehicles for replacement only, $3,329,456,000, to re-
main available until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including the
acquisition of real property or facility construction or ex-
pansion, $56,000,000, to remain available until expended
and to be derived from the Nuclear Waste Fund: Provided,
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That $2,500,000 shall be provided to the State of Nevada
solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibil-
ities and participate in licensing activities pursuant to the
Nuclear Waste Policy Act of 1982, Public Law 97–425, as
amended: Provided further, That $6,000,000 shall be pro-
vided to affected units of local governments, as defined in
Public Law 97–425, to conduct appropriate activities pur-
suant to the Act: Provided further, That the distribution
of the funds as determined by the units of local government
shall be approved by the Department of Energy: Provided
further, That the funds for the State of Nevada shall be
made available solely to the Nevada Division of Emergency
Management by direct payment and units of local govern-
ment by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Ne-
vada Division of Emergency Management and the Governor
of the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds ex-
pended from such payments have been expended for activi-
ties authorized by Public Law 97–425 and this Act. Failure
to provide such certification shall cause such entity to be
prohibited from any further funding provided for similar
activities: Provided further, That none of the funds herein
appropriated may be: (1) used directly or indirectly to in-
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fluence legislative action on any matter pending before Con-
gress or a State legislature or for lobbying activity as pro-
vided in 18 U.S.C. 1913; (2) used for litigation expenses;
or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions con-
tained in this Act: Provided further, That all proceeds and
recoveries by the Secretary in carrying out activities au-
thorized by the Nuclear Waste Policy Act of 1982 in Public
Law 97–425, as amended, including but not limited to, any
proceeds from the sale of assets, shall be available without
further appropriation and shall remain available until ex-
pended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the hire of passenger
motor vehicles and official reception and representation ex-
penses (not to exceed $35,000), $235,000,000, to remain
available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided,
That such increases in cost of work are offset by revenue
increases of the same or greater amount, to remain avail-
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able until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to
total $137,524,000 in fiscal year 2003 may be retained and
used for operating expenses within this account, and may
remain available until expended, as authorized by section
201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscella-
neous revenues received during fiscal year 2003 so as to
result in a final fiscal year 2003 appropriation from the
General Fund estimated at not more than $97,476,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $37,671,000, to remain avail-
able until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense weapons activities in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or con-
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demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion; and the
purchase of passenger motor vehicles (not to exceed one for
replacement only), $6,108,959,000, to remain available
until expended: Provided, That $16,000,000 is authorized
to be appropriated for Project 03–D–103, LANL adminis-
tration building, Los Alamos National Laboratory, Los Al-
amos, New Mexico: Provided further, That $123,000,000 is
authorized to be appropriated for Project 01–D–108, Micro-
systems and engineering sciences applications (MESA),
Sandia National Laboratories, Albuquerque, New Mexico.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense, Defense Nuclear Nonproliferation ac-
tivities, in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construc-
tion, or expansion, $1,115,630,000, to remain available
until expended.
NAVAL REACTORS
For Department of Energy expenses necessary for
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
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the acquisition (by purchase, condemnation, construction,
or otherwise) of real property, plant, and capital equip-
ment, facilities, and facility expansion, $706,790,000, to re-
main available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Adminis-
trator of the National Nuclear Security Administration, in-
cluding official reception and representation expenses (not
to exceed $12,000), $335,929,000, to remain available until
expended.
OTHER DEFENSE RELATED ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense environmental restoration and waste management
activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of 24 passenger
motor vehicles for replacement only, $5,370,532,000, to re-
main available until expended.
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DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate
the closure of defense environmental management sites, in-
cluding the purchase, construction and acquisition of plant
and capital equipment and other necessary expenses,
$1,125,314,000, to remain available until expended.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environmental
management activities authorized by the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.),
$158,399,000, to remain available until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense, other defense activities, in carrying out the pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction, 
or 
expansion,
$537,664,000, to remain available until expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including the
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acquisition of real property or facility construction or ex-
pansion, $280,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are
approved for official reception and representation expenses
in an amount not to exceed $1,500. During fiscal year 2003,
no new direct loan obligations may be made.
For the purposes of providing funds to assist in financ-
ing the construction, acquisition, and replacement of the
transmission system of the Bonneville Power Administra-
tion and to implement the authority of the Administrator
under the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et seq.), an additional
$700,000,000 in borrowing authority is made available
under the Federal Columbia River Transmission System
Act (16 U.S.C. 838 et seq.), to remain outstanding at any
time: Provided, That the Bonneville Power Administration
shall not use more than $531,000,000 of its permanent bor-
rowing authority in fiscal year 2003.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
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power and energy, including transmission wheeling and
ancillary services, pursuant to the provisions of section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap-
plied to the southeastern power area, $4,534,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, up to $14,463,000 collected
by the Southeastern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collec-
tions, to remain available until expended for the sole pur-
pose of making purchase power and wheeling expenditures.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out the provisions of section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southwestern power area, $27,378,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, not to exceed $16,455,000 in
reimbursements, to remain available until expended: Pro-
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vided, That up to $1,912,000 collected by the Southwestern
Power Administration pursuant to the Flood Control Act
to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making pur-
chase power and wheeling expenditures.
CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500, $168,858,000, to remain available
until expended, of which $156,124,000 shall be derived from
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $6,100,000
is for deposit into the Utah Reclamation Mitigation and
Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992:
Provided further, That up to $186,124,000 collected by the
Western Area Power Administration pursuant to the Flood
Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to re-
main available until expended for the sole purpose of mak-
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ing purchase power and wheeling expenditures: Provided
further, That, of the amounts appropriated, not less than
$400,000 to be spent as described in House Report 107–
258 under this heading shall be nonreimbursable: Provided
further, That, of the amount appropriated for corridor re-
view and environmental review required for the construc-
tion of a 230 kv transmission line between Belfield and
Hettinger, not less than $200,000 shall be provided for cor-
ridor review and environmental review for the construction
of a high voltage line in Western North Dakota that would
facilitate the upgrade of the Miles City DC tie.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $2,734,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et
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seq.), including services as authorized by 5 U.S.C. 3109,
the hire of passenger motor vehicles, and official reception
and representation expenses (not to exceed $3,000),
$192,000,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not
to exceed $192,000,000 of revenues from fees and annual
charges, and other services and collections in fiscal year
2003 shall be retained and used for necessary expenses in
this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from
the General Fund shall be reduced as revenues are received
during fiscal year 2003 so as to result in a final fiscal year
2003 appropriation from the General Fund estimated at
not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a) None of the funds appropriated by this
Act may be used to award a management and operating
contract unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-
by-case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such a
waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
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grant such a waiver, the Secretary shall submit to the Sub-
committees on Energy and Water Development of the Com-
mittees on Appropriations of the House of Representatives
and the Senate a report notifying the subcommittees of the
waiver and setting forth the reasons for the waiver.
SEC. 302. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of En-
ergy,
under section 3161 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2644; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act
may be used to augment the $22,965,000 made available
for obligation by this Act for severance payments and other
benefits and community assistance grants under section
3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 U.S.C.
7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appro-
priate Congressional committees.
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SEC. 304. None of the funds appropriated by this Act
may be used to prepare or initiate Requests For Proposals
(RFPs) for a program if the program has not been funded
by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established accounts
and thereafter may be accounted for as one fund for the
same time period as originally enacted.
SEC. 306. None of the funds in this Act may be used
to dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess
of 20 percent by weight for the aggregate of any material
category on the date of enactment of this Act, or is generated
after such date. For the purposes of this section, the mate-
rial categories of transuranic waste at the Rocky Flats En-
vironmental Technology Site include: (1) ash residues; (2)
salt residues; (3) wet residues; (4) direct repackage residues;
and (5) scrub alloy as referenced in the ‘‘Final Environ-
mental Impact Statement on Management of Certain Pluto-
nium Residues and Scrub Alloy Stored at the Rocky Flats
Environmental Technology Site’’.
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SEC. 307. The Administrator of the National Nuclear
Security Administration may authorize the plant manager
of a covered nuclear weapons production plant to engage
in research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities
at such plant in order to maintain and enhance such capa-
bilities at such plant: Provided, That of the amount allo-
cated to a covered nuclear weapons production plant each
fiscal year from amounts available to the Department of
Energy for such fiscal year for national security programs,
not more than an amount equal to 2 percent of such amount
may be used for these activities: Provided further, That for
purposes of this section, the term ‘‘covered nuclear weapons
production plant’’ means the following:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
SEC. 308. The Administrator of the National Nuclear
Security Administration may authorize the manager of the
Nevada Operations Office to engage in research, develop-
ment, and demonstration activities with respect to the de-
velopment, test, and evaluation capabilities necessary for
operations and readiness of the Nevada Test Site: Provided,
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That of the amount allocated to the Nevada Operations Of-
fice each fiscal year from amounts available to the Depart-
ment of Energy for such fiscal year for national security
programs at the Nevada Test Site, not more than an
amount equal to 2 percent of such amount may be used
for these activities.
SEC. 309. Funds appropriated in Public Law 107–066
for the Kachemak Bay submarine cable project may be
available to reimburse the local sponsor for the federal share
of the project costs assumed by the local sponsor prior to
final passage of that Act.
SEC. 310. STAY AND REINSTATEMENT OF FERC LI-
CENSE NO. 11393. (a) Upon the request of the licensee for
FERC Project No. 11393, the Federal Energy Regulatory
Commission shall issue an order staying the license.
(b) Upon the request of the licensee for FERC Project
No. 11393, but not later than 6 years after the date that
the Federal Energy Regulatory Commission receives written
notice that construction of the Swan-Tyee transmission line
is completed, the Federal Energy Regulatory Commission
shall issue an order lifting the stay and make the effective
date of the license the date on which the stay is lifted.
(c) Upon request of the licensee for FERC Project No.
11393 and notwithstanding the time period specified in sec-
tion 13 of the Federal Power Act for the commencement of
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construction, the Commission shall, after reasonable notice
and in accordance with the good faith, due diligence, and
public interest requirements of that section, extend the time
period during which licensee is required to commence the
construction of the project for not more than one 2-year
time period.
SEC. 311. (a) None of the funds made available under
the accounts ‘‘non-defense environmental management’’,
‘‘uranium facilities maintenance and remediation’’, ‘‘de-
fense environmental restoration and waste management’’,
or ‘‘defense facilities closure projects’’ may be obligated at
a Department of Energy site or laboratory, or in associa-
tion with a site or laboratory, if the effect of such would
result in the Department of Energy exceeding for that site
or laboratory the comparable current-year level of funding,
or the amount of the fiscal year 2003 budget request, which-
ever is greater.
(b) The limitation of subsection (a) will not apply to
a site or laboratory after such time that the Department
has entered into a final revised clean-up agreement and a
final performance management plan for that site or labora-
tory consistent with the intent of the Department’s environ-
mental management acceleration and reform initiative.
SEC. 312. GAO STUDY ON SUBTITLE D OF THE EN-
ERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
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PROGRAM ACT. (a) STUDY.—The General Accounting Office
(in this section referred to as the ‘‘GAO’’) shall conduct a
study on the effectiveness of the benefit program under sub-
title D of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 7385o) in assist-
ing the Department of Energy (in this section referred to
as the ‘‘DOE’’) contractor employees in obtaining com-
pensation for occupational illness.
(b) REPORT TO CONGRESS.—Not later than 120 days
after the date of enactment of this Act, the GAO shall submit
a report to the Senate Energy and Natural Resources Com-
mittee and the House of Representative Energy and Com-
merce Committee on the results of the study conducted
under subsection (a).
SEC. 313. GAO STUDY OF CLEANUP AT THE PADUCAH
GASEOUS DIFFUSION PLANT IN PADUCAH, KENTUCKY. (a)
STUDY.—The General Accounting Office (in this section re-
ferred to as the ‘‘GAO’’) shall conduct a study of the cleanup
progress at the Paducah Gaseous Diffusion Plant in Padu-
cah, Kentucky.
(b) REPORT TO CONGRESS.—Not later than six months
after the date of enactment of this Act, the GAO shall submit
a report to the Senate Energy and Natural Resources Com-
mittee and the House of Representatives Energy and Com-
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merce Committee on the results of the study conducted
under subsection (a).
SEC. 314. None of the funds appropriated by this or
any other Act may be used to defer, deobligate, withdraw
to headquarters, reserve for contemplated future rescissions,
or otherwise adversely affect the planned and continuing
expenditure of funds previously made available for Cerro
Grande Fire Activities in Public Law 106–246 and Public
Law 106–377.
SEC. 315. Notwithstanding any other provision of law,
the National Nuclear Security Administration is prohibited
from taking any actions adversely affecting employment at
its Nevada Operations Office for a period of not less than
365 days.
SEC. 316. The Secretary of the Interior, and the heads
of other participating Federal agencies, may participate in
the CALFED Bay-Delta Authority established by the Cali-
fornia Bay-Delta Act (2002 Cal. Stat. Chap. 812), to the
extent not inconsistent with other law. The Secretary of the
Interior, in carrying out CALFED activities, may under-
take feasibility studies for Sites Reservoir, Los Vaqueros
Enlargement, In-Delta Storage, and Upper San Joaquin
Storage projects. These storage studies should be pursued
along with on-going environmental and other projects in
a balanced manner.
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TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said Act
and for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administrative
expenses of the Commission, including services as author-
ized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$74,400,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facili-
ties Safety Board in carrying out activities authorized by
the Atomic Energy Act of 1954, as amended by Public Law
100–456, section 1441, $19,000,000, to remain available
until expended.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority
and to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding section
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382N of said Act, $15,000,000, to remain available until
expended.
DENALI COMMISSION
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $50,000,000, to
remain available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying
out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amend-
ed, including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $578,184,000,
to remain available until expended: Provided, That of the
amount appropriated herein, $24,900,000 shall be derived
from the Nuclear Waste Fund: Provided further, That reve-
nues from licensing fees, inspection services, and other serv-
ices and collections estimated at $520,087,000 in fiscal year
2003 shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2003 so
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as to result in a final fiscal year 2003 appropriation esti-
mated at not more than $58,097,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $6,800,000, to remain available
until expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections esti-
mated at $6,392,000 in fiscal year 2003 shall be retained
and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal
year 2003 so as to result in a final fiscal year 2003 appro-
priation estimated at not more than $408,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,200,000, to be derived from the Nuclear Waste
Fund, and to remain available until expended.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence
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congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in section 1913
of title 18, United States Code.
SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
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dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 503. Section 309 of Title III—Denali Commis-
sion of Division C—Other Matters of Public Law 105–277,
as amended, is further amended by striking ‘‘2003’’ and
inserting in lieu thereof ‘‘thereafter’’.
This division may be cited as the ‘‘Energy and Water
Development Appropriations Act, 2003’’.
DIVISION E—FOREIGN OPERATIONS, EXPORT FI-
NANCING, AND RELATED PROGRAMS APPRO-
PRIATIONS, 2003
Making appropriations for foreign operations, export fi-
nancing, and related programs for the fiscal year end-
ing September 30, 2003, 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, 2003, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
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tations, as provided by section 104 of the Government Cor-
poration 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 cur-
rent fiscal year may be used to make expenditures, con-
tracts, 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
September 30, 2003.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Ex-
port-Import Bank Act of 1945, as amended, $541,400,000,
to remain available until September 30, 2006: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That such sums shall re-
main available until September 30, 2021 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2003, 2004, 2005, and
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2006: Provided further, That none of the funds appro-
priated by this Act or any prior Act appropriating funds
for foreign operations, export financing, and related pro-
grams for tied-aid credits or grants may be used for any
other purpose except through the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Im-
port Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country,
any Baltic State or any agency or national thereof.
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, $68,300,000: Provided, That the Ex-
port-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, not-
withstanding subsection (b) of section 117 of the Export En-
hancement Act of 1992, subsection (a) thereof shall remain
in effect until October 1, 2003.
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OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments 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
$39,885,000: Provided further, That project-specific trans-
action 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 Ac-
count: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
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such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 2003 and 2004: Provided further, That such sums
shall remain available through fiscal year 2011 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 2003, and through fiscal year 2012 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year
2004.
In addition, such sums as may be necessary for admin-
istrative 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 Over-
seas 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,
$44,696,000, to remain available until September 30, 2004.
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, 2003, unless otherwise specified herein, as follows:
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UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
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 other-
wise available for such purposes, $1,790,000,000, to remain
available until expended: Provided, That this amount shall
be made available for such activities as: (1) immunization
programs; (2) oral rehydration programs; (3) health, nutri-
tion, water and sanitation programs which directly address
the needs of mothers and children, and related education
programs; (4) assistance for displaced and orphaned chil-
dren; (5) programs for the prevention, treatment, and con-
trol of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family plan-
ning/reproductive health: Provided further, That none of the
funds appropriated under this heading may be made avail-
able for nonproject assistance, except that funds may be
made available for such assistance for ongoing health activi-
ties: Provided further, That of the funds appropriated under
this heading, not to exceed $125,000, in addition to funds
otherwise available for such purposes, may be used to mon-
itor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
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programs: Provided further, That the following amounts
should be allocated as follows: $350,000,000 for child sur-
vival and maternal health; $25,000,000 for vulnerable chil-
dren; $541,500,000 for HIV/AIDS including not less than
$18,000,000 which shall be made available to support the
development of microbicides as a means for combating HIV/
AIDS; $185,000,000 for other infectious diseases, of which
not less than $65,000,000 should be made available for the
prevention, treatment, and control of, and research on, tu-
berculosis, and of which not less than $75,000,000 should
be made available to combat malaria; $385,000,000 for
family planning/reproductive health, including in areas
where population growth threatens biodiversity or endan-
gered species; and $120,000,000 for UNICEF: Provided fur-
ther, That of the funds appropriated under this heading,
and in addition to funds allocated under the previous pro-
viso, $200,000,000 shall be made available, notwithstanding
any other provision of law, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Ma-
laria, and shall be expended at the minimum rate necessary
to make timely payment for projects and activities: Pro-
vided further, That of the funds appropriated under this
heading that are available for HIV/AIDS programs and ac-
tivities, up to $60,000,000 should be made available for a
United States contribution to The Vaccine Fund, up to
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$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,
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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
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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
330
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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.
331
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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
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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-
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placed 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 over-
sight of such programs: Provided further, That of the aggre-
gate amount of the funds appropriated by this Act that are
made available for agriculture and rural development pro-
grams, $35,000,000 should be made available for plant bio-
technology 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: Provided further, That of the funds appropriated
under this heading, not less than $1,000,000 shall be made
available for support of the United States Telecommuni-
cations Training Institute: Provided further, That of the
funds appropriated under this heading, not less than
$19,000,000 should be made available for the American
Schools and Hospitals Abroad program: Provided further,
That of the funds appropriated by this Act, $450,000,000
should be made available for water-related assistance pro-
grams, of which $100,000,000 shall be made available for
drinking water supply projects: Provided further, That
funds made available under this heading should be made
available for programs to provide alternative livelihoods for
Vietnamese coffee growers.
334
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INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as amend-
ed, $230,000,000, to remain available until expended.
In 
addition, 
for 
assistance 
for 
Afghanistan,
$60,000,000 to remain available until expended: Provided,
That these funds shall be used for humanitarian and recon-
struction assistance for the Afghan people including health
and education programs, housing, to improve the status of
women, infrastructure, to further political reforms, and as-
sistance for victims of war and displaced persons.
TRANSITION INITIATIVES
For necessary expenses for international disaster reha-
bilitation 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 cri-
sis: Provided, That such support may include assistance to
develop, strengthen, or preserve democratic 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 assist-
ance.
335
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DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assist-
ance 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 when
added to the funds transferred pursuant to the authority
contained under this heading in Public Law 107–115, shall
not exceed $24,500,000, which shall be made available only
for micro and small enterprise programs, urban programs,
and other programs which further the purposes of part I
of the Act: Provided further, That of the funds made avail-
able pursuant to the previous proviso, not less than
$4,000,000 shall be made available for urban programs:
Provided further, That such costs shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Au-
thority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Com-
mittee on International Relations on May 9, 1997, shall
be applicable to direct loans and loan guarantees provided
under this heading. In addition, for administrative ex-
penses to carry out credit programs administered by the
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United States Agency for International Development,
$7,591,000, which may be transferred to and merged with
the appropriation for Operating Expenses of the United
States Agency for International Development: Provided fur-
ther, That funds made available under this heading shall
remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service Act
of 1980, $45,200,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667, $571,087,000: Provided, That none of the funds
appropriated under this heading may be made available to
finance the construction (including architect and engineer-
ing services), purchase, or long term lease of offices for use
by the United States Agency for International Development,
unless the Administrator has identified such proposed con-
struction (including architect and engineering services),
purchase, or long term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior
to the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where
the total cost of construction (including architect and engi-
337
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neering services), purchase, or long term lease of offices does
not exceed $1,000,000.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667, $65,000,000, to remain available
until expended: Provided, That of the funds appropriated
under this heading, not less than $13,000,000 shall be avail-
able for the procurement and enhancement of information
technology and related capital investments: Provided fur-
ther, That of the funds appropriated under this heading,
up to $10,000,000 shall be made available for costs related
to the construction of temporary, secure facilities for United
States Agency for International Development personnel in
Afghanistan: Provided further, That the funds appropriated
under this heading are in addition to funds otherwise avail-
able for such purposes.
OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR
INTERNATIONAL
DEVELOPMENT
OFFICE
OF
IN-
SPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667, $33,046,000, to remain available until Sep-
tember 30, 2004, which sum shall be available for the Office
of the Inspector General of the United States Agency for
International Development.
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OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,260,000,000, to remain available
until September 30, 2004: Provided, That of the funds ap-
propriated under this heading, not less than $600,000,000
shall be available only for Israel, which sum shall be avail-
able on a grant basis as a cash transfer and shall be dis-
bursed within 30 days of the enactment of this Act: Pro-
vided further, That not less than $615,000,000 shall be
available only for Egypt, which sum shall be provided on
a grant basis, and of which sum cash transfer assistance
shall be provided with the understanding that Egypt will
undertake significant economic reforms which are addi-
tional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be pro-
vided as Commodity Import Program assistance: Provided
further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that
the level of such assistance does not cause an adverse impact
on the total level of nonmilitary exports from the United
States to such country and that Israel enters into a side
letter agreement in an amount proportional to the fiscal
year 1999 agreement: Provided further, That of the funds
appropriated under this heading and in addition to funds
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previously allocated, not less than $5,000,000 should be
made available for programs and activities which bring to-
gether Arabs and Israelis to promote understanding and
shared solutions to common problems, including through the
‘‘Arava Institute for Environmental Studies’’, ‘‘Seeds of
Peace’’, and ‘‘Jerusalem International YMCA’’: Provided
further, That of the funds appropriated under this heading,
$250,000,000 shall be made available for assistance for Jor-
dan: Provided further, That of the funds appropriated
under this heading, not less than $75,000,000 shall be made
available for humanitarian, refugee, reconstruction, and de-
velopment activities, including activities to promote demo-
cratic and economic reform, for the West Bank and Gaza:
Provided further, That not less than $1,000,000 of the funds
provided in the previous proviso may be used to further
legal reforms in the West Bank and Gaza, including judi-
cial training on commercial disputes and ethics: Provided
further, That not to exceed $200,000,000 of the funds appro-
priated under this heading in this Act may be made avail-
able for the costs, as defined in section 502 of the Congres-
sional Budget Act of 1974, of modifying direct loans and
guarantees for Pakistan: Provided further, That not to ex-
ceed $15,000,000 of the funds appropriated under this head-
ing in Public Law 107–206, the Supplemental Appropria-
tions Act for Further Recovery From and Response To Ter-
340
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rorist Attacks on the United States, FY 2002, may be made
available for the costs, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying direct loans
and guarantees for Jordan: Provided further, That
$15,000,000 of the funds appropriated under this heading
shall be made available for Cyprus to be used only for schol-
arships, administrative support of the scholarship program,
bicommunal projects, and measures aimed at reunification
of the island and designed to reduce tensions and promote
peace and cooperation between the two communities on Cy-
prus: Provided further, That $35,000,000 of the funds ap-
propriated under this heading shall be made available for
assistance for Lebanon to be used, among other programs,
for scholarships and direct support of the American edu-
cational institutions in Lebanon: Provided further, That
none of the funds appropriated under this heading may be
made available for assistance for the Central Government
of Lebanon: Provided further, That the Government of Leb-
anon should enforce the custody and international pickup
orders, issued during calendar year 2001, of Lebanon’s civil
courts regarding abducted American children in Lebanon:
Provided further, That not less than $150,000,000 of the
funds appropriated under this Act shall be made available
for assistance for Indonesia, of which not less than
$10,000,000 shall be made available for programs and ac-
341
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tivities in Aceh, and not less than $5,000,000 for reconstruc-
tion and recovery efforts in Bali: Provided further, That
none of the funds made available for Aceh in this Act may
be used to construct roads or other infrastructure that
threatens the habitat of orangutans or other endangered spe-
cies: Provided further, That of the funds appropriated
under this heading, not less than $25,000,000 shall be made
available for assistance for the Democratic Republic of
Timor-Leste of which up to $1,000,000 may be available
for administrative expenses of the United States Agency for
International Development: Provided further, That of the
funds appropriated under this heading, not less than
$3,500,000 shall be made available for assistance for coun-
tries to implement and enforce the Kimberly Process Certifi-
cation Scheme: Provided further, That of the funds appro-
priated under this heading, not less than $250,000 shall be
made available for programs and activities administered by
the National Endowment for Democracy that promote
human rights in North Korea: Provided further, That
$3,000,000 shall be made available for the international
youth exchange program for secondary students from coun-
tries with significant Muslim populations: Provided fur-
ther, That of the funds appropriated under this heading,
$10,000,000 shall be made available to continue to support
the provision of wheelchairs for needy persons in developing
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countries: Provided further, That funds appropriated under
this heading may be used, notwithstanding any other provi-
sion of law, to provide assistance to the National Demo-
cratic Alliance of Sudan to strengthen its ability to protect
civilians from attacks, slave raids, and aerial bombardment
by the Sudanese Government forces and its militia allies,
and the provision of such funds shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That in the previous proviso,
the term ‘‘assistance’’ includes non-lethal, non-food aid such
as blankets, medicine, fuel, mobile clinics, water drilling
equipment, communications equipment to notify civilians
of aerial bombardment, non-military vehicles, tents, and
shoes: Provided further, That of the funds appropriated
under this heading, not less than $10,000,000 shall be made
available during fiscal year 2003 for a contribution to the
Special Court for Sierra Leone: Provided further, That with
respect to funds appropriated under this heading in this
Act or prior Acts making appropriations for foreign oper-
ations, export financing, and related programs, the respon-
sibility for policy decisions and justifications for the use
of such funds, including whether there will be a program
for a country that uses those funds and the amount of each
such program, shall be the responsibility of the Secretary
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of State and the Deputy Secretary of State and this respon-
sibility shall not be delegated.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(a) For necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support for
East European Democracy (SEED) Act of 1989,
$530,000,000, to remain available until September 30,
2004, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs
for Eastern Europe and the Baltic States: Provided, That
funds made available for assistance for Kosovo from funds
appropriated under this heading and under the headings
‘‘Economic Support Fund’’ and ‘‘International Narcotics
Control and Law Enforcement’’ should not exceed 15 per-
cent of the total resources pledged by all donors for calendar
year 2003 for assistance for Kosovo as of March 31, 2003:
Provided further, That none of the funds made available
under this Act for assistance for Kosovo shall be made avail-
able for large scale physical infrastructure reconstruction:
Provided further, That of the funds made available under
this heading for assistance for Kosovo, $2,000,000 shall be
made available for assistance to support training programs
for Kosovar women: Provided further, That of the funds
made available under this heading for assistance for Bul-
garia, $5,000,000 shall be made available for full scope sim-
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ulators to enhance safety at nuclear power plants: Provided
further, That of the funds made available under this head-
ing, $750,000 shall be made available for regional programs
and activities to promote reconciliation among ethnic
groups within the former Yugoslavia.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury 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.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign As-
sistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated under this
heading for the economic revitalization program in Bosnia
and Herzegovina, and local currencies generated by such
funds (including the conversion of funds appropriated
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under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned
or repaid under such program) the Administrator of the
United States Agency for International Development shall
provide written approval for grants and loans prior to the
obligation and expenditure of funds for such purposes, and
prior to the use of funds that have been returned or repaid
to any lending facility or grantee.
(e) The provisions of section 528 of this Act shall apply
to funds made available under subsection (d) and to funds
appropriated under this heading: Provided, That notwith-
standing any provision of this or any other Act, including
provisions in this subsection regarding the application of
section 528 of this Act, local currencies generated by, or con-
verted from, funds appropriated by this Act and by previous
appropriations Acts and made available for the economic
revitalization program in Bosnia may be used in Eastern
Europe and the Baltic States to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support for
East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds ap-
propriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropria-
tions that the Federation of Bosnia and Herzegovina has
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not complied with article III of annex 1–A of the General
Framework 
Agreement 
for 
Peace 
in 
Bosnia 
and
Herzegovina concerning the withdrawal of foreign forces,
and that intelligence cooperation on training, investiga-
tions, and related activities between state sponsors of ter-
rorism and terrorist organizations and Bosnian officials
has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapters 11 and 12 of part I of the Foreign Assistance
Act of 1961 and the FREEDOM Support Act, for assistance
for the Independent States of the former Soviet Union and
for related programs, $765,000,000, to remain available
until September 30, 2004: Provided, That the provisions of
such chapters shall apply to funds appropriated by this
paragraph: Provided further, That of the funds made avail-
able for the Southern Caucasus region, notwithstanding any
other provision of law, funds may be used for confidence-
building measures and other activities in furtherance of the
peaceful resolution of the regional conflicts, especially those
in the vicinity of Abkhazia and Nagorno-Karabagh: Pro-
vided further, That of the funds appropriated under this
heading $17,500,000 shall be made available solely for as-
sistance for the Russian Far East: Provided further, That,
notwithstanding any other provision of law, funds appro-
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priated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing,
and related programs, that are made available pursuant
to the provisions of section 807 of the FREEDOM Support
Act (Public Law 102–511) shall be subject to the ceiling
on administrative expenses contained in section 807(a)(5)
of the FREEDOM Support Act.
(b) Of the funds appropriated under this heading that
are made available for assistance for Ukraine, not less than
$30,000,000 shall be made available for nuclear reactor
safety initiatives and not less than $3,000,000 shall be
made available for coal mine safety programs, including
mine ventilation and fire prevention and control.
(c) Of the funds appropriated under this heading, not
less than $90,000,000 shall be made available for assistance
for Armenia.
(d) Of the funds appropriated under this heading,
$87,000,000 should be made available for assistance for
Georgia.
(e)(1) Of the funds appropriated under this heading
that are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from obli-
gation until the President determines and certifies in writ-
ing to the Committees on Appropriations that the Govern-
ment of the Russian Federation:
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(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, technology, or equipment necessary to develop a
nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing unimpeded access to inter-
national non-government organizations providing hu-
manitarian relief to refugees and internally displaced
persons in Chechnya.
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of traf-
ficking in persons; and
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Activi-
ties) of the FREEDOM Support Act.
(f) Section 907 of the FREEDOM Support Act shall
not apply to—
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and sec-
tion 1424 of Public Law 104–201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
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(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or
other assistance provided by the Overseas Private In-
vestment Corporation under title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-
Import Bank Act of 1945; or
(6) humanitarian assistance.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of
the Inter-American Foundation in accordance with the pro-
visions of section 401 of the Foreign Assistance Act of 1969,
$16,385,000, to remain available until September 30, 2004.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the Inter-
national Security and Development Cooperation Act of
1980, Public Law 96–533, $17,689,000, to remain available
until September 30, 2004: Provided, That funds made
available to grantees may be invested pending expenditure
for project purposes when authorized by the board of direc-
tors of the Foundation: Provided further, That interest
earned shall be used only for the purposes for which the
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grant was made: Provided further, That this authority ap-
plies to interest earned both prior to and following enact-
ment of this provision: Provided further, That notwith-
standing section 505(a)(2) of the African Development
Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the $250,000 limita-
tion contained in that section with respect to a project: Pro-
vided further, That the Foundation shall provide a report
to the Committees on Appropriations after each time such
waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of
the Peace Corps Act (75 Stat. 612), $285,000,000, including
the purchase of not to exceed five passenger motor vehicles
for administrative purposes for use outside of the United
States: Provided, That none of the funds appropriated
under this heading shall be used to pay for abortions: Pro-
vided further, That funds appropriated under this heading
shall remain available until September 30, 2004.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $196,713,000, to remain
available until expended: Provided, That any funds made
available under this heading for anti-crime programs and
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activities shall be made available subject to the regular noti-
fication procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2003, the Depart-
ment of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to
its restrictions, to receive excess property from an agency
of the United States Government for the purpose of pro-
viding it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading, $20,000,000
should be made available for anti-trafficking in persons
programs, including trafficking prevention, protection and
assistance for victims, and prosecution of traffickers: Pro-
vided further, That of the funds appropriated under this
heading, not more than $24,300,000 may be available for
administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 solely to support
counterdrug activities in the Andean region of South Amer-
ica, $650,000,000, to remain available until expended: Pro-
vided, That in addition to the funds appropriated under
this heading and subject to the regular notification proce-
dures of the Committees on Appropriations, the President
may make available up to an additional $35,000,000 for
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the Andean Counterdrug Initiative, which may be derived
from funds appropriated under the heading ‘‘International
Narcotics Control and Law Enforcement’’ in this Act and
in prior Acts making appropriations for foreign operations,
export financing, and related programs: Provided further,
That of the amount appropriated under this heading, not
less than $225,000,000 shall be apportioned directly to the
United States Agency for International Development, to be
used for economic and social programs: Provided further,
That of the funds appropriated under this heading and
under the heading ‘‘Foreign Military Financing Program’’,
not less than $5,000,000 shall be made available to train
and equip a Colombian Armed Forces unit dedicated to ap-
prehending the leaders of paramilitary organizations: Pro-
vided further, That of the funds made available for assist-
ance for Colombia under this heading, up to $3,000,000
shall be made available for commercially developed, web
monitoring software, and training on the usage thereof, for
the Colombian National Police: Provided further, That of
the funds made available for assistance for Colombia under
this heading, not less than $2,000,000 shall be made avail-
able for vehicles, equipment, and other assistance for the
human rights unit of the Procurador General: Provided fur-
ther, That funds appropriated by this Act that are used for
the procurement of chemicals, equipment or services for aer-
353
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ial coca and poppy fumigation programs may be made
available for such programs only if the Secretary of State
and the Administrator of the Environmental Protection
Agency (EPA) certify to the Committees on Appropriations
that (1) an environmental impact statement (EIS) has been
completed in a manner consistent with that required for
comparable use of the herbicide mixture in the United
States; (2) the herbicide mixture is being used in accordance
with the EIS, EPA label requirements for comparable use
in the United States and any additional controls rec-
ommended by the EPA for this program, and with Colom-
bian laws including the Environmental Management Plan
for aerial fumigation; (3) the herbicide mixture, in the
manner it is being used, does not pose unreasonable risks
or adverse effects to humans or the environment; and (4)
there is effective monitoring of compliance with the require-
ments of this proviso; and the Secretary of State certifies
that effective procedures are being utilized to evaluate
claims of local citizens that their health was harmed or their
licit agricultural crops were damaged by such aerial coca
and poppy fumigation, and to provide fair compensation
for meritorious claims; and such funds may not be made
available for such purposes unless programs are being im-
plemented by the United States Agency for International
Development and the Government of Colombia, in consulta-
354
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tion with local communities, to provide alternative sources
of income in areas where security permits for small-acreage
growers whose illicit crops are targeted for fumigation: Pro-
vided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under
this heading: Provided further, That assistance provided
with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign As-
sistance Act of 1961, as amended, shall be made available
subject to the regular notification procedures of the Commit-
tees on Appropriations: Provided further, That the provi-
sions of section 3204(b) through (h) of Public Law 106–
246, as amended by Public Law 107–115, shall be applica-
ble to funds appropriated for fiscal year 2003: Provided fur-
ther, That no United States Armed Forces personnel or
United States civilian contractor employed by the United
States will participate in any combat operation in connec-
tion with assistance made available by this Act for Colom-
bia: Provided further, That the President shall ensure that
if any helicopter procured with funds under this heading
is used to aid or abet the operations of any illegal self-de-
fense group or illegal security cooperative, such helicopter
shall be immediately returned to the United States: Pro-
vided further, That of the funds appropriated under this
heading, not less than $3,500,000 shall be made available
355
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for assistance for the Colombian National Park Service for
training, equipment, and other assistance to protect Colom-
bia’s national parks and reserves: Provided further, That
funds made available under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appro-
priated under this heading, not more than $14,800,000 may
be available for administrative expenses of the Department
of State, and not more than $4,500,000 may be available,
in addition to amounts otherwise available for such pur-
poses, for administrative expenses of the United States
Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the
Red Cross, assistance to refugees, including contributions
to the International Organization for Migration and the
United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services
as authorized by section 3109 of title 5, United States Code,
$787,000,000, which shall remain available until expended:
356
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Provided, That not more than $16,565,000 may be available
for administrative expenses: Provided further, That not less
than $60,000,000 of the funds made available under this
heading shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees reset-
tling in Israel: Provided further, That funds made available
under this heading should be made available to inernational
organizations for assistance for refugees from North Korea:
Provided further, That funds appropriated under this head-
ing may be made available for a headquarters contribution
to the International Committee of the Red Cross only if the
Secretary of State determines (and so reports to the appro-
priate committees of Congress) that the Magen David Adom
Society of Israel is not being denied participation in the
activities of the International Red Cross and Red Crescent
Movement.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act
of 1962, as amended (22 U.S.C. 260(c)), $32,000,000, to
remain available until expended: Provided, That the funds
made available under this heading are appropriated not-
withstanding the provisions contained in section 2(c)(2) of
the Act which would limit the amount of funds which could
be appropriated for this purpose.
357
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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-ter-
rorism, demining and related programs and activities,
$306,400,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-ter-
rorism assistance, chapter 9 of part II of the Foreign Assist-
ance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the For-
eign Assistance Act of 1961 for demining activities, the
clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other
provision of law, including activities implemented through
nongovernmental and international organizations, and sec-
tion 301 of the Foreign Assistance Act of 1961 for a vol-
untary contribution to the International Atomic Energy
Agency: Provided, That of this amount, $17,300,000 shall
be made available for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Com-
mission: Provided further, That of this amount not to exceed
$15,000,000, to remain available until expended, may be
made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to pro-
mote bilateral and multilateral activities relating to non-
proliferation and disarmament: Provided further, That
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such funds may also be used for such countries other than
the Independent States of the former Soviet Union and
international organizations when it is in the national secu-
rity interest of the United States to do so following con-
sultation with the appropriate committees of Congress: Pro-
vided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency: Pro-
vided further, That of the funds appropriated under this
heading, $57,000,000 should be made available for
demining and related activities, of which not to exceed
$675,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related
to the operation and management of the demining program:
Provided further, That the Secretary of State is authorized
to support public-private partnerships for mine action by
grant, cooperative agreement, or otherwise: Provided fur-
ther, That of the funds appropriated under this heading,
$54,400,000 should be made available for a voluntary con-
tribution to the International Atomic Energy Agency: Pro-
vided further, That of the funds appropriated under this
heading, $4,000,000 should be made available to support
the Small Arms Destruction Initiative.
359
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DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating
to international affairs technical assistance activities),
$10,500,000, to remain available until expended, which
shall be available notwithstanding any other provision of
law.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$80,000,000, of which up to $3,000,000 may remain avail-
able until expended: Provided, That the civilian personnel
for whom military education and training may be provided
under this heading may include civilians who are not mem-
bers of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further,
That none of the funds appropriated under this heading
may be made available for travel or other purposes that
do not directly expose the individual participants to govern-
ment officials or institutions or to other individuals or or-
ganizations engaged in activities involving public policy:
360
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Provided further, That funds appropriated under this head-
ing for military education and training for Guatemala
may only be available for expanded international military
education and training and funds made available for Alge-
ria and Guatemala may only be provided through the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That the Secretary of Defense,
in consultation with the Secretary of State, shall keep a
record of each foreign military and civilian participant in
activities provided under this heading, consistent with cur-
rent Security Assistance Management Manual practices,
updated annually for at least six years after the individual
completes participation in such activities, and such records
shall be included in the database required by section 548
of the Foreign Assistance Act of 1961.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the Presi-
dent to carry out the provisions of section 23 of the Arms
Export Control Act, $4,072,000,000: Provided, That of the
funds appropriated under this heading, not less than
$2,100,000,000 shall be available for grants only for Israel,
and not less than $1,300,000,000 shall be made available
for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed
within 30 days of the enactment of this Act: Provided fur-
ther, That to the extent that the Government of Israel re-
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quests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by
Israel and the United States, be available for advanced
weapons systems, of which not less than $550,000,000 shall
be available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That of the funds appropriated by this
paragraph, $198,000,000 shall be made available for assist-
ance for Jordan: Provided further, That of the funds appro-
priated by this paragraph, not less than $3,000,000 shall
be made available for assistance for Armenia: Provided fur-
ther, That except as provided in the following proviso, none
of the funds appropriated by this paragraph shall be made
available for helicopters and related support costs for Co-
lombia: Provided further, That up to $88,000,000 of the
funds appropriated by this paragraph may be transferred
to and merged with funds appropriated under the heading
‘‘Andean Counterdrug Initiative’’ for helicopters, training
and other assistance for the Colombian Armed Forces for
security for the Cano Limon pipeline: Provided further,
That funds appropriated by this paragraph shall be non-
repayable notwithstanding any requirement in section 23
of the Arms Export Control Act: Provided further, That
funds made available under this paragraph shall be obli-
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gated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading
shall be available to finance the procurement of defense arti-
cles, defense services, or design and construction services
that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country pro-
posing to make such procurements has first signed an agree-
ment with the United States Government specifying the
conditions under which such procurements may be financed
with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the
regular notification procedures of section 515 of this Act:
Provided further, That none of the funds appropriated
under this heading shall be available for assistance for
Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may in-
clude activities implemented through nongovernmental and
international organizations: Provided further, That none of
the funds appropriated under this heading shall be avail-
able for assistance for Guatemala: Provided further, That
only those countries for which assistance was justified for
the ‘‘Foreign Military Sales Financing Program’’ in the fis-
363
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cal year 1989 congressional presentation for security assist-
ance programs may utilize funds made available under this
heading for procurement of defense articles, defense services
or design and construction services that are not sold by the
United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary
to make timely payment for defense articles and services:
Provided further, That not more than $38,000,000 of the
funds appropriated under this heading may be obligated
for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the
United States, for the general costs of administering mili-
tary assistance and sales: Provided further, That not more
than $356,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obli-
gated for expenses incurred by the Department of Defense
during fiscal year 2003 pursuant to section 43(b) of the
Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures
of the Committees on Appropriations: Provided further,
That foreign military financing program funds estimated
to be outlayed for Egypt during fiscal year 2003 shall be
transferred to an interest bearing account for Egypt in the
364
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Federal Reserve Bank of New York within 30 days of enact-
ment of this Act .
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$120,250,000: Provided, That of the funds appropriated
under this heading, not less than $7,000,000 should be made
available for assistance for Afghanistan: Provided further,
That of the funds appropriated under this heading, not less
than $50,000,000 should be available for assistance for Afri-
ca Regional Peacekeeping Operations and the Africa Crisis
Response Initiative: Provided further, That none of the
funds appropriated under this heading shall be obligated
or expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global En-
vironment Facility, $177,812,533, to the International
Bank for Reconstruction and Development as trustee for the
Global Environment Facility, by the Secretary of the Treas-
ury, to remain available until expended.
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CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $837,338,333, to
remain available until expended: Provided, That in negoti-
ating United States participation in the next replenishment
of the International Development Association, the Secretary
of the Treasury shall accord high priority to providing the
International Development Association with the policy
flexibility to provide new grant assistance to countries eligi-
ble for debt reduction under the enhanced HIPC Initiative.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT
GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee
Agency by the Secretary of the Treasury, $1,631,000, for
the United States paid-in share of the increase in capital
stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Invest-
ment Guarantee Agency may subscribe without fiscal year
limitation for the callable capital portion of the United
States share of such capital stock in an amount not to ex-
ceed $14,825,178.
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CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT
CORPORATION
For payment to the Inter-American Investment Cor-
poration, by the Secretary of the Treasury, $18,351,667, for
the United States share of the increase in subscriptions to
capital stock, to remain available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multi-
lateral Investment Fund by the Secretary of the Treasury,
for the United States contribution to the fund, $29,590,667,
to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Develop-
ment Bank Act, as amended, $100,386,133, to remain
available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $5,104,473, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Develop-
ment Bank may subscribe without fiscal year limitation for
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the callable capital portion of the United States share of
such capital stock in an amount not to exceed $79,602,688.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the African
Development Fund, $108,073,333, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction
and Development by the Secretary of the Treasury,
$35,804,955 for the United States share of the paid-in por-
tion of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fis-
cal year limitation to the callable capital portion of the
United States share of such capital stock in an amount not
to exceed $123,328,178.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR
AGRICULTURAL DEVELOPMENT
For the United States contribution by the Secretary
of the Treasury to increase the resources of the International
Fund for Agricultural Development, $15,003,667, to remain
available until expended.
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INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program Par-
ticipation Act of 1973, $215,000,000: Provided, That none
of the funds appropriated under this heading may be made
available to the Korean Peninsula Energy Development Or-
ganization or the International Atomic Energy Agency:
Provided further, That of the funds appropriated under this
heading, not less than $35,000,000 shall be made available
for the United Nations Population Fund: Provided further,
That funds appropriated under this heading in this Act and
in Public Law 107–115 that were available for the United
Nations Population Fund (UNFPA) shall be made avail-
able for UNFPA if the President determines that UNFPA
no longer supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available
for the UNFPA may be used in the People’s Republic of
China: Provided further, That the conditions on avail-
ability of funds for the UNFPA as contained in section
576(c) of Public Law 107–115 shall apply to any assistance
provided for the UNFPA in this Act: Provided further, That
of the funds appropriated under this heading, $12,025,000
shall be made available for the United Nations Environ-
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ment Program: Provided further, That of the funds appro-
priated under this heading, a total of $12,825,000 should
be made available for International Conservation Programs
and the International Panel on Climate Change/United Na-
tions Framework Convention on Climate Change: Provided
further, That of the funds appropriated under this heading,
not less than the following amounts should be made avail-
able for the following programs: $6,500,000 for Organiza-
tion of American States Democracy Assistance Programs,
$3,500,000 for the Organization of American States Fund
for Strengthening Democracy, $6,000,000 for the World
Food Program, $2,000,000 for International Contributions
for Scientific, Educational, and Cultural Activities, and
$1,000,000 for the United Nations Center for Human Set-
tlements: Provided further, That of the funds appropriated
under this heading not less than $500,000 should be made
available for a United States contribution to the Inter-
national Coffee Organization (ICO) if the United States be-
comes a member of the ICO prior to June 1, 2003.
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, not
more than 15 percent of any appropriation item made
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available by this Act shall be obligated during the last
month of availability.
PRIVATE AND VOLUNTARY ORGANIZATIONS
SEC. 502. (a) None of the funds appropriated or other-
wise made available by this Act for development assistance
may be made available to any United States private and
voluntary organization, except any cooperative development
organization, which obtains less than 20 percent of its total
annual funding for international activities from sources
other than the United States Government: Provided, That
the Administrator of the United States Agency for Inter-
national Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the re-
striction contained in this subsection, after taking into ac-
count the effectiveness of the overseas development activities
of the organization, its level of volunteer support, its finan-
cial viability and stability, and the degree of its dependence
for its financial support on the agency.
(b) Funds appropriated or otherwise made available
under title II of this Act should be made available to private
and voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
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International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for enter-
tainment expenses of the United States Agency for Inter-
national Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be avail-
able for representation allowances for the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of dol-
lars: Provided further, That of the funds made available by
this Act for general costs of administering military assist-
ance and sales under the heading ‘‘Foreign Military Fi-
nancing Program’’, not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $125,000 shall
be available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ‘‘International Military Education and Training’’,
not to exceed $50,000 shall be available for entertainment
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allowances: Provided further, That of the funds made avail-
able by this Act for the Inter-American Foundation, not to
exceed $2,000 shall be available for entertainment and rep-
resentation allowances: Provided further, That of the funds
made available by this Act for the Peace Corps, not to exceed
a total of $4,000 shall be available for entertainment ex-
penses: Provided further, That of the funds made available
by this Act under the heading ‘‘Trade and Development
Agency’’, not to exceed $2,000 shall be available for rep-
resentation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘Nonproliferation, Anti-ter-
rorism, Demining and Related Programs’’) pursuant to this
Act, for carrying out the Foreign Assistance Act of 1961,
may be used, except for purposes of nuclear safety, to fi-
nance the export of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations
to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria:
Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import
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Bank or its agents: Provided further, That assistance or
other financing under this Act may be provided for Iraq
notwithstanding the provisions of this section or any other
law, including comparable provisions contained in prior
foreign operations, export financing, and related programs
appropriations Acts, if the President determines that the
provision of assistance or other financing for Iraq is impor-
tant to the national security interests of the United States:
Provided further, That such assistance or financing shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance to the govern-
ment of any country whose duly elected head of government
is deposed by decree or military coup: Provided, That as-
sistance may be resumed to such government if the Presi-
dent determines and certifies to the Committees on Appro-
priations that subsequent to the termination of assistance
a democratically elected government has taken office: Pro-
vided further, That the provisions of this section shall not
apply to assistance to promote democratic elections or pub-
lic participation in democratic processes: Provided further,
That funds made available pursuant to the previous pro-
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visos shall be subject to the regular notification procedures
of the Committees on Appropriations.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this
Act may be obligated under an appropriation account to
which they were not appropriated, except for transfers spe-
cifically provided for in this Act, unless the President, prior
to the exercise of any authority contained in the Foreign
Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees
on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. Obligated balances of funds appropriated to
carry out section 23 of the Arms Export Control Act as
of the end of the fiscal year immediately preceding the cur-
rent fiscal year are, if deobligated, hereby continued avail-
able during the current fiscal year for the same purpose
under any authority applicable to such appropriations
under this Act: Provided, That the authority of this section
may not be used in fiscal year 2003.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the expi-
ration of the current fiscal year unless expressly so provided
in this Act: Provided, That funds appropriated for the pur-
poses of chapters 1, 8, 11, and 12 of part I, section 667,
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chapter 4 of part II of the Foreign Assistance Act of 1961,
as amended, section 23 of the Arms Export Control Act,
and funds provided under the heading ‘‘Assistance for East-
ern Europe and the Baltic States’’, shall remain available
for an additional four years from the date on which the
availability of such funds would otherwise have expired, if
such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provi-
sion of this Act, any funds made available for the purposes
of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for
cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available
until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to the govern-
ment of any country which is in default during a period
in excess of one calendar year in payment to the United
States of principal or interest on any loan made to the gov-
ernment of such country by the United States pursuant to
an assistance program for which funds are appropriated
under this Act unless the Secretary of State determines, fol-
lowing consultations with the Committees on Appropria-
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tions, that assistance to such country is in the national in-
terest of the United States.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and
none of the funds otherwise made available pursuant to this
Act to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of
any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus
on world markets at the time the resulting productive ca-
pacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That
such prohibition shall not apply to the Export-Import Bank
if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely
to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction,
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consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country
of an agricultural commodity for export which would com-
pete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to ben-
efit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct
the United States Executive Directors of the International
Bank for Reconstruction and Development, the Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice
and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made avail-
able pursuant to this Act, for the production or extraction
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of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substan-
tial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none
of the funds made available under this Act for ‘‘Child Sur-
vival and Health Programs Fund’’, ‘‘Development Assist-
ance’’, ‘‘International Organizations and Programs’’,
‘‘Trade and Development Agency’’, ‘‘International Nar-
cotics 
Control 
and 
Law 
Enforcement’’, 
‘‘Andean
Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe
and the Baltic States’’, ‘‘Assistance for the Independent
States of the Former Soviet Union’’, ‘‘Economic Support
Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Operating Expenses
of the United States Agency for International Develop-
ment’’, ‘‘Operating Expenses of the United States Agency
for International Development Office of Inspector General’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’, ‘‘Foreign Military Financing Program’’,
‘‘International Military Education and Training’’, ‘‘Peace
Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations
not justified or in excess of the amount justified to the Ap-
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propriations Committees for obligation under any of these
specific headings unless the Appropriations Committees of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional ammu-
nition, or other major defense items defined to be aircraft,
ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified
to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided
further, That this section shall not apply to any reprogram-
ming for an activity, program, or project under chapter 1
of part I of the Foreign Assistance Act of 1961 of less than
10 percent of the amount previously justified to the Con-
gress for obligation for such activity, program, or project
for the current fiscal year: Provided further, That the re-
quirements of this section or any similar provision of this
Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be
waived if failure to do so would pose a substantial risk to
human health or welfare: Provided further, That in case
of any such waiver, notification to the Congress, or the ap-
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propriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement
was applicable, in the context of the circumstances necessi-
tating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an expla-
nation of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financing,
and related programs, which are returned or not made
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until Sep-
tember 30, 2004.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under
the heading ‘‘Assistance for the Independent States of the
Former Soviet Union’’ shall be made available for assist-
ance for a government of an Independent State of the former
Soviet Union—
(1) unless that government is making progress in
implementing comprehensive economic reforms based
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on market principles, private ownership, respect for
commercial contracts, and equitable treatment of for-
eign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the purpose
of expropriating or seizing ownership or control of as-
sets, investments, or ventures.
Assistance may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(b) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet
Union’’ shall be made available for assistance for a govern-
ment of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to
the restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet
Union’’ shall be made available for any state to enhance
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its military capability: Provided, That this restriction does
not apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ for
the Russian Federation, Armenia, Georgia, and Ukraine
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(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 environ-
ment 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 re-
turning 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.
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(g) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated in this Act or
prior appropriations 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 Co-
ordinator for United States Assistance to the New Inde-
pendent States and the implementing agency shall encour-
age the participation of and give significant weight to con-
tractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 518. 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 between such appropriations for use for any
of the purposes, programs, and activities for which the
funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically 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 Com-
mittees on Appropriations.
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SPECIAL NOTIFICATION REQUIREMENTS
SEC. 519. None of the funds appropriated by this Act
shall be obligated or expended for Colombia, Haiti, Liberia,
Serbia, Sudan, Zimbabwe, Nigeria, Pakistan, or the Demo-
cratic Republic of the Congo except as provided through the
regular notification procedures of the Committees on Appro-
priations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 520. 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 earmarks, 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 as-
sistance accounts of the United States Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as: (1) justified to the Congress; or (2) allo-
cated 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.
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CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 521. Up to $15,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Child
Survival and Health Programs Fund’’, may be used to re-
imburse United States Government agencies, agencies of
State governments, institutions of higher learning, and pri-
vate and voluntary organizations for the full cost of indi-
viduals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case
may be, the United States Agency for International Devel-
opment for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading ‘‘De-
velopment Assistance’’ may be used to reimburse such agen-
cies, institutions, and organizations for such costs of such
individuals carrying out other development assistance ac-
tivities: Provided further, That funds appropriated by this
Act that are made available for child survival activities or
health programs including activities relating to research on,
and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provi-
sion 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 assistance is for child survival and
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related programs: Provided further, That of the funds ap-
propriated under title II of this Act, not less than
$435,000,000 shall be made available for family planning/
reproductive health.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 522. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign 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 pur-
suant 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 Com-
mittees 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 ar-
ticles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense ar-
ticles.
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AUTHORIZATION REQUIREMENT
SEC. 523. Funds appropriated by this Act, except
funds appropriated under the headings ‘‘Trade and Devel-
opment Agency’’, ‘‘International Military Education and
Training’’, ‘‘Foreign Military Financing Program’’, ‘‘Mi-
gration and Refugee Assistance’’, and ‘‘Nonproliferation,
Anti-Terrorism, Demining and Related Programs’’, may be
obligated and expended notwithstanding section 10 of Pub-
lic Law 91–672 and section 15 of the State Department
Basic Authorities Act of 1956.
DEMOCRACY PROGRAMS
SEC. 524. (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 $25,000,000 shall be made avail-
able 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, of which not less than
$15,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, for such activities
in the People’s Republic of China: Provided, That not to
exceed $3,000,000 may be made available to nongovern-
mental organizations to support activities which preserve
cultural traditions and promote sustainable development
and environmental conservation in Tibetan communities in
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Tibetan autonomous areas, including the area designated
as the ‘‘Tibetan Autonomous Region’’: Provided further,
That funds appropriated under the heading ‘‘Economic
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 appropriated by this Act that are pro-
vided to the National Endowment for Democracy may be
made available notwithstanding any other provision of law
or regulation and shall be obligated and disbursed within
90 days of enactment of this Act: Provided further, That
funds made available pursuant to the authority of this sub-
section shall be subject to the regular notification procedures
of the Committees on Appropriations.
(b) In addition to the funds made available in sub-
section (a), of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ not less than
$20,000,000 shall be made available for programs and ac-
tivities 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
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of international terrorism: 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 of this
amount, not less than $10,000,000 shall be made available
for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights and Labor, Department of
State, and not less than $3,000,000 shall be made available
for programs and activities that provide professional train-
ing for journalists: 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 pur-
suant to this subsection shall be subject to the regular notifi-
cation procedures of the Committees on Appropriations.
(c) Funds made available under this section that are
made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State, are in addition to the
$12,000,000 requested by the President for the Fund for fis-
cal year 2003.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 525. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appropriated
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under any such heading in a provision of law enacted prior
to the enactment of this Act, shall not be made available
to the government of any country which the President
determines—
(1) grants sanctuary from prosecution to any in-
dividual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of sub-
section (a) to the government of a country if the President
determines that national security or humanitarian reasons
justify such waiver. At least 15 days before the waiver takes
effect, the President shall notify the Committees on Appro-
priations of the waiver (including the justification for the
waiver) in accordance with the regular notification proce-
dures of the Committees on Appropriations.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 526. (a) None of the funds appropriated or other-
wise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 6(j) of the Export Administration Act. The
prohibition under this section with respect to a foreign gov-
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ernment shall terminate 12 months after that government
ceases to provide such military equipment. This section ap-
plies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised,
the President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed expla-
nation of the assistance to be provided, including the esti-
mated dollar amount of such assistance, and an expla-
nation of how the assistance furthers United States national
interests.
DEBT-FOR-DEVELOPMENT
SEC. 527. In order to enhance the continued participa-
tion of nongovernmental organizations in economic assist-
ance activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts
or local currencies which accrue to that organization as a
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result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be
used for the purpose for which the assistance was provided
to that organization.
SEPARATE ACCOUNTS
SEC. 528. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(1) If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(A) require that local currencies be deposited in
a separate account established by that government;
(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that government
the responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disburse-
ments from the separate account.
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shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) REPORTING REQUIREMENT.—The Administrator
of the United States Agency for International Development
shall report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations
on the use of local currencies for the administrative require-
ments of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the
amount of local currency (and United States dollar equiva-
lent) used and/or to be used for such purpose in each appli-
cable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash trans-
fer assistance or as nonproject sector assistance, that coun-
try shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—
Such funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the nature
of this assistance including provisions which are referenced
in the Joint Explanatory Statement of the Committee of
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Conference accompanying House Joint Resolution 648
(House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to obli-
gating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Appro-
priations, which shall include a detailed description of how
the funds proposed to be made available will be used, with
a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a de-
scription of the economic policy reforms that will be pro-
moted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds
may be exempt from the requirements of subsection (b)(1)
only through the notification procedures of the Committees
on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 529. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such in-
stitution is compensated by the institution at a rate which,
together with whatever compensation such Director receives
from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United
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States Code, or while any alternate United States Director
to such institution is compensated by the institution at a
rate in excess of the rate provided for an individual occu-
pying a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian Devel-
opment Fund, the African Development Bank, the African
Development Fund, the International Monetary Fund, the
North American Development Bank, and the European
Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 530. None of the funds appropriated or otherwise
made available pursuant to this Act to carry out the For-
eign Assistance Act of 1961 (including title IV of chapter
2 of part I, relating to the Overseas Private Investment Cor-
poration) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that—
(1) such assistance is in the national interest of
the United States;
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(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be humani-
tarian assistance for foreign nationals who have fled
Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 531. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropria-
tions for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities au-
thorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Develop-
ment Foundation Act. The agency shall promptly report to
the Committees on Appropriations whenever it is con-
ducting activities or is proposing to conduct activities in
a country for which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 532. None of the funds appropriated by this Act
may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or induce-
ment is likely to reduce the number of employees of
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such business enterprise in the United States because
United States production is being replaced by such
enterprise outside the United States; or
(b) assistance for any program, project, or activ-
ity that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
that country: Provided, That the application of sec-
tion 507(4)(D) and (E) of such Act should be com-
mensurate with the level of development of the recipi-
ent country and sector, and shall not preclude assist-
ance for the informal sector in such country, micro
and small-scale enterprise, and smallholder agri-
culture.
SPECIAL AUTHORITIES
SEC. 533. (a) AFGHANISTAN, VICTIMS OF WAR, DIS-
PLACED CHILDREN, VICTIMS OF HUMAN TRAFFICKING AND
DISPLACED BURMESE.—Funds appropriated by this Act
that are made available for assistance for Afghanistan may
be made available notwithstanding section 512 of this Act
and any similar provision of law, and funds appropriated
in titles I and II of this Act that are made available for
victims of war, displaced children, and displaced Burmese,
and to assist victims of trafficking in persons and, subject
to the regular notification procedures of the Committees on