377
HJ 2 PP
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,
378
HJ 2 PP
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-
379
HJ 2 PP
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,
380
HJ 2 PP
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
381
HJ 2 PP
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-
382
HJ 2 PP
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-
383
HJ 2 PP
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
384
HJ 2 PP
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
385
HJ 2 PP
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.
386
HJ 2 PP
(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.
387
HJ 2 PP
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.
388
HJ 2 PP
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
389
HJ 2 PP
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.
390
HJ 2 PP
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
391
HJ 2 PP
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
392
HJ 2 PP
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
393
HJ 2 PP
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-
394
HJ 2 PP
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
395
HJ 2 PP
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.
396
HJ 2 PP
(2) USES OF LOCAL CURRENCIES.—As may be agreed
upon with the foreign government, local currencies depos-
ited in a separate account pursuant to subsection (a), or
an equivalent amount of local currencies, shall be used
only—
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING
ACCOUNTABILITY.—The United
States Agency for International Development shall take all
necessary steps to ensure that the equivalent of the local cur-
rencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1)
are used for the purposes agreed upon pursuant to sub-
section (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon
termination of assistance to a country under chapter 1 or
10 of part I or chapter 4 of part II (as the case may be),
any unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
397
HJ 2 PP
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
398
HJ 2 PP
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
399
HJ 2 PP
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;
400
HJ 2 PP
(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
401
HJ 2 PP
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
402
HJ 2 PP
Appropriations, to combat such trafficking, may be made
available notwithstanding any other provision of law: Pro-
vided, That any such funds that are made available for
Cambodia shall be subject to the provisions of section 531(e)
of the Foreign Assistance Act of 1961 and section 906 of
the International Security and Development Cooperation
Act of 1985.
(b) TROPICAL FORESTRY
AND BIODIVERSITY CON-
SERVATION ACTIVITIES.—Funds appropriated by this Act
to carry out the provisions of sections 103 through 106, and
chapter 4 of part II, of the Foreign Assistance Act of 1961
may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiver-
sity conservation activities and energy programs aimed at
reducing greenhouse gas emissions: Provided, That such as-
sistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I,
chapter 4 of part II, and section 667 of the Foreign Assist-
ance Act of 1961, and title II of the Agricultural Trade
Development and Assistance Act of 1954, may be used by
the United States Agency for International Development to
employ up to 25 personal services contractors in the United
States, notwithstanding any other provision of law, for the
403
HJ 2 PP
purpose of providing direct, interim support for new or ex-
panded overseas programs and activities and managed by
the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 10 of such con-
tractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the For-
eign Assistance Act of 1961 may be made available for per-
sonal services contractors assigned only to the Office of
Health and Nutrition; the Office of Procurement; the Bu-
reau for Africa; the Bureau for Latin America and the Car-
ibbean; and the Bureau for Asia and the Near East: Pro-
vided further, That such funds appropriated to carry out
title II of the Agricultural Trade Development and Assist-
ance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER.—The President may waive the provi-
sions of section 1003 of Public Law 100–204 if the Presi-
dent determines and certifies in writing to the Speaker of
the House of Representatives and the President pro tempore
of the Senate that it is important to the national security
interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to paragraph (1) shall be effective for no more
than a period of 6 months at a time and shall not apply
beyond 12 months after the enactment of this Act.
404
HJ 2 PP
(e) CONTINGENCIES.—During fiscal year 2003, the
President may use up to $45,000,000 under the authority
of section 451 of the Foreign Assistance Act, notwith-
standing the funding ceiling in section 451(a).
(f) SMALL BUSINESS.—In entering into multiple
award indefinite-quantity contracts with funds appro-
priated by this Act, the United States Agency for Inter-
national Development may provide an exception to the fair
opportunity process for placing task orders under such con-
tracts when the order is placed with any category of small
or small disadvantaged business.
(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—
In providing assistance with funds appropriated by this
Act under section 660(b)(6) of the Foreign Assistance Act
of 1961, support for a nation emerging from instability
may be deemed to mean support for regional, district, mu-
nicipal, or other sub-national entity emerging from insta-
bility, as well as a nation emerging from instability.
(h) REPEAL.—Section 545(d) of Public Law 106–429,
and comparable provisions contained in prior Acts making
appropriations for foreign operations, export financing,
and related programs, are hereby repealed.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 534. It is the sense of the Senate that—
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have com-
405
HJ 2 PP
mercial ties with Israel, is an impediment to peace
in the region and to United States investment and
trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regret-
tably reinstated in 1997, should be immediately and
publicly terminated, and the Central Office for the
Boycott of Israel immediately disbanded;
(3) the three Arab League countries with diplo-
matic and trade relations with Israel should return
their ambassadors to Israel, should refrain from
downgrading their relations with Israel, and should
play a constructive role in securing a peaceful resolu-
tion of the Israeli-Arab conflict;
(4) the remaining Arab League states should
normalize relations with their neighbor Israel;
(5) the President and the Secretary of State
should continue to vigorously oppose the Arab League
boycott of Israel and find concrete steps to dem-
onstrate that opposition by, for example, taking into
consideration the participation of any recipient coun-
try in the boycott when determining to sell weapons
to said country; and,
(6) the President should report to Congress an-
nually on specific steps being taken by the United
States to encourage Arab League states to normalize
406
HJ 2 PP
their relations with Israel to bring about the termi-
nation of the Arab League boycott of Israel, including
those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses
from complying with the boycott and penalizing busi-
nesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 535. Of the funds appropriated or otherwise made
available by this Act for ‘‘Economic Support Fund’’, assist-
ance may be provided to strengthen the administration of
justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of sec-
tion 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in ju-
dicial cases may be conducted notwithstanding section 660
of that Act. Funds made available pursuant to this section
may be made available notwithstanding section 534(c) and
the second and third sentences of section 534(e) of the For-
eign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 536. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds ap-
propriated by this Act to carry out the provisions of chap-
407
HJ 2 PP
ters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds ap-
propriated under the heading ‘‘Assistance for Eastern Eu-
rope and the Baltic States’’: Provided, That before using
the authority of this subsection to furnish assistance in sup-
port of programs of nongovernmental organizations, the
President shall notify the Committees on Appropriations
under the regular notification procedures of those commit-
tees, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this sub-
section shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2003, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
408
HJ 2 PP
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision
of law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized
human rights.
EARMARKS
SEC. 537. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act: Provided,
That any such reprogramming shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
able under the same terms and conditions as originally pro-
vided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the United
States Agency for International Development that are ear-
marked for particular programs or activities by this or any
409
HJ 2 PP
other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the ter-
mination of assistance to a country or a significant change
in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of avail-
ability: Provided, That such earmarked funds that are con-
tinued available for an additional fiscal year shall be obli-
gated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 538. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless
such Act specifically so directs. Earmarks or minimum
funding requirements contained in any other Act shall not
be applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 539. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of
the enactment of this Act by the Congress: Provided, That
not to exceed $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96–533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 540. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
410
HJ 2 PP
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961, the costs for participation of another
country’s delegation at international conferences held under
the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 541. None of the funds appropriated or made
available pursuant to this Act shall be available to a non-
governmental organization which fails to provide upon
timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for
International Development.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED
BY FOREIGN COUNTRIES
SEC. 542. (a) IN GENERAL.—Of the funds appro-
priated under this Act that are made available for a foreign
country under part I of the Foreign Assistance Act of 1961,
an amount equivalent to 110 percent of the total unpaid
fines determined to be owed under the parking programs
in the District of Columbia and New York City, New York
by such country as of September 30, 2002 that were in-
curred after the first day of the fiscal year preceding the
current fiscal year shall be withheld from obligation for
such country until the Secretary of State certifies and re-
411
HJ 2 PP
ports in writing to the appropriate congressional commit-
tees that such fines and penalties are fully paid to the gov-
ernments of the District of Columbia and New York City,
New York.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on Ap-
propriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST
BANK AND GAZA
SEC. 543. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the Presi-
dent has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of Pub-
lic Law 104–107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That
if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995
or to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank
and Gaza.
412
HJ 2 PP
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 544. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as amend-
ed, of up to $30,000,000 of commodities and services for
the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Se-
curity Council or such other tribunals or commissions as
the Council may establish or authorize to deal with such
violations, without regard to the ceiling limitation con-
tained in paragraph (2) thereof: Provided, That the deter-
mination required under this section shall be in lieu of any
determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals
other than Yugoslavia or Rwanda shall be made available
subject to the regular notification procedures of the Commit-
tees on Appropriations.
LANDMINES
SEC. 545. Notwithstanding any other provision of law,
demining equipment available to the United States Agency
for International Development and the Department of State
and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be
disposed of on a grant basis in foreign countries, subject
413
HJ 2 PP
to such terms and conditions as the President may pre-
scribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 546. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Jeru-
salem a new office of any department or agency of the
United States Government for the purpose of conducting of-
ficial United States Government business with the Pales-
tinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided fur-
ther, That meetings between officers and employees of the
United States and officials of the Palestinian Authority, or
any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business
with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past,
officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
414
HJ 2 PP
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 547. None of the funds appropriated or otherwise
made available by this Act under the heading ‘‘Inter-
national Military Education and Training’’ or ‘‘Foreign
Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Child Survival and
Health Programs Fund’’, ‘‘Development Assistance’’, and
‘‘Economic Support Fund’’ may be obligated or expended
to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
PALESTINIAN STATEHOOD
SEC. 548. (a) LIMITATION ON ASSISTANCE.—None of
the funds appropriated by this Act may be provided to sup-
port a Palestinian state unless the Secretary of State deter-
mines and certifies to the appropriate congressional com-
mittees that—
(1) a new leadership of a Palestinian governing
entity, that has not supported acts of terrorism, has
been democratically elected through free and fair elec-
tions;
415
HJ 2 PP
(2) the newly elected Palestinian governing
entity—
(A) has demonstrated a firm commitment to
peaceful coexistence with the State of Israel;
(B) has taken appropriate measures to
counter terrorism and terrorist financing in the
West Bank and Gaza, including the dismantling
of terrorist infrastructures;
(C) has established a Palestinian security
entity that is fully cooperating with appropriate
Israeli security organizations; and,
(D) has taken appropriate measures to
enact a constitution assuring the rule of law and
other reforms assuring transparent and account-
able governance.
(b) WAIVER.—The President may waive the require-
ments of subsection (a) if he determines that it is important
to the national security interests of the United States to
do so.
(c) EXEMPTION.—The restriction of subsection (a)
shall not apply to assistance intended to help reform the
Palestinian Authority and affiliated institutions, or a
newly elected governing entity, in order to help meet the
requirements of subsection (a), consistent with the provi-
sions of sections 543 and 551 of this Act.
416
HJ 2 PP
TIBET
SEC. 549. The Secretary of the Treasury should in-
struct the United States executive director to each inter-
national financial institution to use the voice and vote to
support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans
into Tibet or facilitate the transfer of ownership of Tibetan
land and natural resources to non-Tibetans; are based on
a thorough needs-assessment; foster self-sufficiency of the Ti-
betan people and respect Tibetan culture and traditions;
and are subject to effective monitoring.
HAITI COAST GUARD
SEC. 550. The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the Coast
Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 551. (a) PROHIBITION OF FUNDS.—None 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
may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the Presi-
417
HJ 2 PP
dent pro tempore of the Senate that waiving such prohibi-
tion is important to the national security interests of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to subsection (b) shall be effective for no more
than a period of 6 months at a time and shall not apply
beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 552. None of the funds made available by this
Act may be provided to any unit of the security forces of
a foreign country if the Secretary of State has credible evi-
dence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
of such country is taking effective measures to bring the re-
sponsible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
418
HJ 2 PP
measures to bring the responsible members of the security
forces to justice.
PROTECTION OF TROPICAL FORESTS AND BIODIVERSITY
SEC. 553. Of the funds appropriated under the heading
‘‘Development Assistance’’, not less than $150,000,000 shall
be made available for programs and activities which di-
rectly protect tropical forests and biodiversity, including
activities to deter illegal logging: Provided, That of the
funds made available pursuant to this section, not less than
$15,000,000 shall be made available for the Central African
Regional Program for the Environment.
ENERGY CONSERVATION, ENERGY EFFICIENCY AND CLEAN
ENERGY PROGRAMS
SEC. 554. (a) FUNDING.—Of the funds appropriated
by this Act, not less than $185,000,000 shall be made avail-
able to support policies and programs in developing coun-
tries, countries in transition and other partner countries
that directly (1) promote a wide range of energy conserva-
tion, energy efficiency and clean energy programs and ac-
tivities, including the transfer of clean and environmentally
sustainable energy technologies; (2) measure, monitor, and
reduce greenhouse gas emissions; (3) increase carbon seques-
tration activities; and (4) enhance climate change mitiga-
tion and adaptation programs: Provided, That of the funds
made available under this heading, not less than
$13,000,000 should be made available for the United States
419
HJ 2 PP
Agency for International Development’s Office of Energy
and Information Technology.
(b) GREENHOUSE GAS EMISSIONS REPORT.—Not later
than 45 days after the date on which the President’s fiscal
year 2004 budget request is submitted to Congress, the
President shall submit a report to the Committees on Ap-
propriations describing in detail the following—
(1) all Federal agency obligations and expendi-
tures, domestic and international, for climate change
programs and activities in fiscal year 2003, including
an accounting of expenditures by agency with each
agency identifying climate change activities and asso-
ciated costs by line item as presented in the Presi-
dent’s Budget Appendix; and
(2) all fiscal year 2002 obligations and estimated
expenditures, fiscal year 2003 estimated expenditures
and estimated obligations, and fiscal year 2004 re-
quested funds by the United States Agency for Inter-
national Development, by country and central pro-
gram, for each of the following: (1) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(2) to assist in the measurement, monitoring, report-
ing, verification, and reduction of greenhouse gas
emissions; (3) to promote carbon capture and seques-
420
HJ 2 PP
tration measures; (4) to help meet such countries’ re-
sponsibilities under the Framework Convention on
Climate Change; and (5) to develop assessments of the
vulnerability to impacts of climate change and miti-
gation and adaptation response strategies.
AFGHANISTAN
SEC. 555. Of the funds appropriated by this Act under
the headings ‘‘Child Survival and Health Programs Fund’’,
‘‘Development Assistance’’, ‘‘International Disaster Assist-
ance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support
Fund’’, ‘‘International Narcotics Control and Law Enforce-
ment’’, ‘‘Migration and Refugee Assistance’’, ‘‘Nonprolifera-
tion, Anti-Terrorism, Demining and Related Programs’’,
‘‘International Military Education and Training’’, and
‘‘Foreign Military Financing Program’’, not less than
$213,000,000 should be made available for humanitarian,
reconstruction, and other assistance for Afghanistan, in-
cluding repairing homes of Afghan citizens that were dam-
aged or destroyed as a result of military operations: Pro-
vided, That of the funds made available pursuant to this
section that are appropriated under the heading ‘‘Economic
Support Fund’’, not less than $8,000,000 shall be made
available for programs to support women’s development in
Afghanistan, including girls’ and women’s education,
health, legal and social rights, economic opportunities, and
political participation: Provided further, That of the funds
421
HJ 2 PP
provided in the previous proviso, $5,000,000 shall be made
available to support activities directed by the Afghan Min-
istry of Women’s Affairs including the establishment of
women’s resource centers in Afghanistan, and not less than
$1,500,000 should be made available to support activities
of the National Human Rights Commission of Afghanistan:
Provided further, That 1 year after the date of enactment
of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees that details wom-
en’s development programs in Afghanistan supported by the
United States Government, and barriers that impede wom-
en’s development in Afghanistan.
ZIMBABWE
SEC. 556. The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect
for ownership and title to property, freedom of speech and
association.
NIGERIA
SEC. 557. Funds appropriated under the headings
‘‘International Military Education and Training’’ and
422
HJ 2 PP
‘‘Foreign Military Financing Program’’ may be made
available for Nigeria only for expanded international mili-
tary education and training and non-lethal defense articles,
until the President certifies to the appropriate congressional
committees that the Nigerian Minister of Defense, the Chief
of the Army Staff, and the Minister of State for Defense/
Army are suspending from the Armed Forces those mem-
bers, of whatever rank, against whom there is credible evi-
dence of gross violations of human rights in Benue State
in October 2001, and the Government of Nigeria and the
Nigerian Armed Forces are taking effective measures to
bring such individuals to justice.
BURMA
SEC. 558. Of the funds appropriated under the heading
‘‘Economic Support Fund’’, not less than $6,500,000 shall
be made available to support democracy activities in
Burma, democracy and humanitarian activities along the
Burma-Thailand border, and for Burmese student groups
and other organizations located outside Burma: Provided,
That funds made available for Burma-related activities
under this heading may be made available notwithstanding
any other provision of law: Provided further, That funds
made available by this section shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
423
HJ 2 PP
ENTERPRISE FUND RESTRICTIONS
SEC. 559. Prior to the distribution of any assets result-
ing from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees
on Appropriations, a plan for the distribution of the assets
of the Enterprise Fund.
CAMBODIA
SEC. 560. (a) The Secretary of the Treasury shall in-
struct the United States executive directors of the inter-
national financial institutions to use the voice and vote of
the United States to oppose loans to the Central Govern-
ment of Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may
be made available for assistance for the Central Government
of Cambodia.
(2) Paragraph (1) shall not apply to assistance for
basic education, reproductive and maternal and child
health, cultural and historic preservation, and for the Min-
istry of Women and Veterans Affairs to combat human traf-
ficking.
(c) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, $5,000,000 shall be
made available, notwithstanding subsection (b), for assist-
424
HJ 2 PP
ance for democratic opposition political parties in Cam-
bodia.
(d) Of the funds appropriated by this Act, $3,750,000
shall be made available, notwithstanding subsection (b), as
a contribution for an endowment to sustain rehabilitation
programs for Cambodians suffering from physical disabil-
ities that are administered by an American nongovern-
mental organization that is directly supported by the
United States Agency for International Development: Pro-
vided, That funds made available for such assistance shall
be in addition to the level of assistance proposed by the
President for Cambodia for fiscal year 2003: Provided fur-
ther, That such funds may be made available only if an
amount at least equal to one-half the United States con-
tribution is provided for the endowment from sources other
than the United States Government.
FOREIGN MILITARY TRAINING REPORT
SEC. 561. (a) The Secretary of Defense and the Sec-
retary of State shall jointly provide to the Congress by
March 1, 2003, a report on all military training provided
to foreign military personnel (excluding sales, and exclud-
ing training provided to the military personnel of countries
belonging to the North Atlantic Treaty Organization) under
programs administered by the Department of Defense and
the Department of State during fiscal years 2002 and 2003,
including those proposed for fiscal year 2003. This report
425
HJ 2 PP
shall include, for each such military training activity, the
foreign policy justification and purpose for the training ac-
tivity, the cost of the training activity, the number of for-
eign students trained and their units of operation, and the
location of the training. In addition, this report shall also
include, with respect to United States personnel, the oper-
ational benefits to United States forces derived from each
such training activity and the United States military units
involved in each such training activity. This report may
include a classified annex if deemed necessary and appro-
priate.
(b) For purposes of this section a report to Congress
shall be deemed to mean a report to the Appropriations and
Foreign Relations Committees of the Senate and the Appro-
priations and International Relations Committees of the
House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 562. None of the funds appropriated by this Act,
or prior Acts making appropriations for foreign operations,
export financing, and related programs, may be made
available for assistance to the Korean Peninsula Energy
Organization (KEDO): Provided, That the President may
waive this restriction and provide up to $3,500,000 of funds
appropriated under the heading ‘‘Nonproliferation, Anti-
Terrorism, Demining and Related Programs’’ for assistance
to KEDO for administrative expenses only notwithstanding
426
HJ 2 PP
any other provision of law, if he determines that it is vital
to the national security interests of the United States and
provides a written policy justification to the appropriate
congressional committees: Provided further, That funds
may be obligated for assistance to KEDO subject to the reg-
ular notification procedures of the Committees on Appro-
priations.
COLOMBIA
SEC. 563. (a) DETERMINATION AND CERTIFICATION
REQUIRED.—Notwithstanding any other provision of law,
funds appropriated by this Act that are available for assist-
ance for the Colombian Armed Forces, may be made avail-
able for assistance to support the Colombian Government’s
unified campaign against narcotics trafficking and against
paramilitary and guerrilla organizations designated as ter-
rorist organizations in that country, as follows:
(1) Up to 75 percent of such funds may be obli-
gated prior to a determination and certification by
the Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obli-
gated only after the Secretary of State certifies and
reports to the appropriate congressional committees
that:
(A) The Commander General of the Colom-
bian Armed Forces is suspending from the
Armed Forces those members, of whatever rank,
427
HJ 2 PP
who have been credibly alleged to have committed
gross violations of human rights, including
extra-judicial killings, or to have aided or abet-
ted paramilitary organizations.
(B) The Colombian Government is pros-
ecuting and punishing those members of the Co-
lombian Armed Forces, of whatever rank, who
have been credibly alleged to have committed
gross violations of human rights, including
extra-judicial killings, or to have aided or abet-
ted paramilitary organizations, and the Colom-
bian Armed Forces are cooperating with civilian
prosecutors and judicial authorities in such cases
(including providing requested information, such
as the identity of persons suspended from the
Armed Forces and the nature and cause of the
suspension, and access to witnesses, relevant
military documents, and other requested infor-
mation).
(C) The Colombian Armed Forces are sev-
ering links (including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
428
HJ 2 PP
and brigade levels, with paramilitary organiza-
tions.
(D) The Colombian Armed Forces are ap-
prehending the leaders of paramilitary organiza-
tions.
(3) The balance of such funds may be obligated
after July 1, 2003, if the Secretary of State certifies
and reports to the appropriate congressional commit-
tees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions con-
tained in paragraph (2) and are conducting vigorous
operations to restore government authority and re-
spect for human rights in areas under the effective
control of paramilitary and guerrilla organizations.
(b) CONSULTATIVE PROCESS.—At least 10 days prior
to making the certifications required by subsection (a), the
Secretary of State shall consult with internationally recog-
nized human rights organizations regarding progress in
meeting the conditions contained in that subsection.
(c) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or
abetted’’ means to provide any support to para-
military groups, including taking actions which
allow, facilitate, or otherwise foster the activities of
such groups.
429
HJ 2 PP
(2) PARAMILITARY GROUPS.—The term ‘‘para-
military groups’’ means illegal self-defense groups
and illegal security cooperatives.
ILLEGAL ARMED GROUPS
SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF
COLOMBIAN ILLEGAL ARMED GROUPS.—Subject to sub-
section (b), the Secretary of State shall not issue a visa to
any alien who the Secretary determines, based on credible
evidence—
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow, facili-
tate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross vio-
lations of human rights, including extra-judicial
killings, in Colombia.
(b) WAIVER.—Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appro-
priate congressional committees, on a case-by-case basis,
that the issuance of a visa to the alien is necessary to sup-
port the peace process in Colombia or for urgent humani-
tarian reasons.
430
HJ 2 PP
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION
SEC. 565. None of the funds appropriated or otherwise
made available by this Act may be used to provide equip-
ment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corpora-
tion.
IRAQ
SEC. 566. Notwithstanding any other provision of law,
funds appropriated under the heading ‘‘Economic Support
Fund’’ may be made available for programs benefitting the
Iraqi people and to support efforts to bring about a transi-
tion to democracy in Iraq: Provided, That not more than
15 percent of the funds, except for costs related to broad-
casting activities, may be used for administrative and rep-
resentational expenses, including expenditures for salaries,
office rent and equipment: Provided further, That none of
the funds made available pursuant to the authorities pro-
vided in this section may be made available to any organi-
zation to reimburse or pay for costs incurred by such orga-
nization in prior fiscal years: Provided further, That funds
made available under this heading are made available sub-
ject to the regular notification procedures of the Committees
on Appropriations.
431
HJ 2 PP
WEST BANK AND GAZA PROGRAM
SEC. 567. For fiscal year 2003, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
‘‘Economic Support Fund’’ for the West Bank and Gaza.
INDONESIA
SEC. 568. (a) Funds appropriated by this Act under
the heading ‘‘Foreign Military Financing Program’’ may
be made available for assistance for Indonesia, and licenses
may be issued for the export of lethal defense articles to In-
donesia, only if the President certifies to the appropriate
congressional committees that—
(1) the Indonesia Minister of Defense is sus-
pending from the Armed Forces those members, of
whatever rank, who have been credibly alleged to have
committed gross violations of human rights, or to
have aided or abetted militia groups;
(2) the Indonesian Government is prosecuting
and punishing those members of the Indonesian
Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of
432
HJ 2 PP
human rights, or to have aided or abetted militia
groups, and the Indonesian Armed Forces are cooper-
ating with civilian prosecutors and judicial authori-
ties in such cases (including providing access to wit-
nesses, relevant military documents, and other re-
quested information); and
(3) the Minister of Defense is making publicly
available audits of receipts and expenditures of the
Indonesian Armed Forces, including audits of receipts
from private enterprises and foundations.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS
DESTABILIZING SIERRA LEONE
SEC. 569. (a) None of the funds appropriated by this
Act may be made available for assistance for the govern-
ment of any country for which the Secretary of State deter-
mines there is credible evidence that such government has
knowingly facilitated the safe passage of weapons or other
equipment, or has provided lethal or non-lethal military
support or equipment, directly or through intermediaries,
within the previous six months to the Sierra Leone Revolu-
tionary United Front, Liberian Security Forces, or any
other group intent on destabilizing the democratically elect-
ed government of the Republic of Sierra Leone.
(b) None of the funds appropriated by this Act may
be made available for assistance for the government of any
country for which the Secretary of State determines there
433
HJ 2 PP
is credible evidence that such government has aided or abet-
ted, within the previous six months, in the illicit distribu-
tion, transportation, or sale of diamonds mined in Sierra
Leone.
(c) Whenever the prohibition on assistance required
under subsection (a) or (b) is exercised, the Secretary of
State shall notify the Committees on Appropriations in a
timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 570. Section 579(c)(2)(D) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 2000, as enacted by section 1000(a)(2) of the
Consolidated Appropriations Act, 2000 (Public Law 106–
113), as amended, is amended by striking ‘‘December 31,
2002’’ and inserting in lieu thereof ‘‘December 31, 2003’’.
CENTRAL ASIA
SEC. 571. (a) Funds appropriated by this Act may
be made available for assistance for the Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Gov-
ernment of Uzbekistan is making substantial and con-
tinuing progress in meeting its commitments under the
‘‘Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the
United States of America’’.
434
HJ 2 PP
(b) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan
only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Kazakhstan has made significant improvements in the pro-
tection of human rights during the preceding six month pe-
riod.
(c) Not later than three months after the date of the
enactment of this Act, and seven months thereafter, the Sec-
retary of State shall submit a report to the Committees on
Appropriations describing the following:
(1) The defense articles, defense services, and fi-
nancial assistance provided by the United States to
the countries of Central Asia during the six-month pe-
riod ending 30 days prior to submission of each such
report.
(2) The use during such period of defense arti-
cles, defense services, and financial assistance pro-
vided by the United States by units of the armed
forces, border guards, or other security forces of such
countries.
(d) For purposes of this section, the term ‘‘countries
of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz
Republic, Tajikistan, and Turkmenistan.
435
HJ 2 PP
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL
SALVADOR AND GUATEMALA
SEC. 572. (a) Information relevant to the December 2,
1980, murders of four American churchwomen in El Sal-
vador, and the May 5, 2001, murder of Sister Barbara Ann
Ford and the murders of other American citizens in Guate-
mala since December 1999, should be investigated and made
public.
(b) Not later than 45 days after enactment of this Act,
the President shall order all Federal agencies and depart-
ments, including the Federal Bureau of Investigation, that
possess relevant information, to expeditiously declassify and
release to the victims’ families such information, consistent
with existing standards and procedures on classification,
and shall provide a copy of such order to the Committees
on Appropriations.
(c) In making determinations concerning declassifica-
tion and release of relevant information, all Federal agen-
cies and departments should use the discretion contained
within such existing standards and procedures on classi-
fication in support of releasing, rather than withholding,
such information.
(d) All reasonable efforts should be taken by the Amer-
ican Embassy in Guatemala to work with relevant agencies
of the Guatemalan Government to protect the safety of
436
HJ 2 PP
American citizens in Guatemala, and to assist in the inves-
tigations of violations of human rights.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 573. Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to pro-
vide financing to Israel, Egypt and NATO and major non-
NATO allies for the procurement by leasing (including leas-
ing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the
President determines that there are compelling foreign pol-
icy or national security reasons for those defense articles
being provided by commercial lease rather than by govern-
ment-to-government sale under such Act.
WAR CRIMINALS
SEC. 574. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
437
HJ 2 PP
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal obli-
gations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ‘‘Tri-
bunal’’) all persons in their territory who have been pub-
licly indicted by the Tribunal and to otherwise cooperate
with the Tribunal.
(2) The provisions of this subsection shall not apply
to humanitarian assistance or assistance for democratiza-
tion.
(b) The provisions of subsection (a) shall apply unless
the Secretary of State determines and reports to the appro-
priate congressional committees that the competent authori-
ties of such country, entity, or municipality are—
(1) cooperating with the Tribunal, including
unimpeded access for investigators to archives and
witnesses, the provision of documents, and the sur-
render and transfer of indictees or assistance in their
apprehension; and
(2) are acting consistently with the Dayton Ac-
cords.
(c) Not less than 10 days before any vote in an inter-
national financial institution regarding the extension of
any new project involving financial or technical assistance
or grants to any country or entity described in subsection
438
HJ 2 PP
(a), the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on Ap-
propriations a written justification for the proposed assist-
ance, including an explanation of the United States posi-
tion regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for Inter-
national Development, and the Secretary of the Treasury
shall consult with representatives of human rights organiza-
tions and all government agencies with relevant informa-
tion to help prevent indicted war criminals from benefiting
from any financial or technical assistance or grants pro-
vided to any country or entity described in subsection (a).
(e) The Secretary of State may waive the application
of subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to
the Committees on Appropriations that such assistance di-
rectly supports the implementation of the Dayton Accords.
(f) DEFINITIONS.—As used in this section—
(1) COUNTRY.—The term ‘‘country’’ means Bos-
nia and Herzegovina, Croatia and Serbia.
439
HJ 2 PP
(2) ENTITY.—The term ‘‘entity’’ refers to the
Federation of Bosnia and Herzegovina, Kosovo, Mon-
tenegro and the Republika Srpska.
(3) MUNICIPALITY.—The term ‘‘municipality’’
means a city, town or other subdivision within a
country or entity as defined herein.
(4) DAYTON ACCORDS.—The term ‘‘Dayton Ac-
cords’’ means the General Framework Agreement for
Peace in Bosnia and Herzegovina, together with an-
nexes relating thereto, done at Dayton, November 10
through 16, 1995.
USER FEES
SEC. 575. The Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the Inter-
national Monetary Fund to oppose any loan, grant, strat-
egy or policy of these institutions that would require user
fees or service charges on poor people for primary education
or primary healthcare, including prevention and treatment
efforts for HIV/AIDS, malaria, tuberculosis, and infant,
child, and maternal well-being, in connection with the in-
stitutions’ financing programs.
FUNDING FOR SERBIA
SEC. 576. (a) Funds appropriated by this Act may
be made available for assistance for Serbia after March 31,
440
HJ 2 PP
2003, if the President has made the determination and cer-
tification contained in subsection (c).
(b) After March 31, 2003, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia subject to the conditions in subsection (c): Pro-
vided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1997, as amended, shall not apply to the provision of loans
and assistance to the Federal Republic of Yugoslavia
through international financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia is—
(1) cooperating, on a continuing basis, with the
International Criminal Tribunal for the former Yugo-
slavia including unimpeded access for investigators to
archives and witnesses, the provision of documents,
and the surrender and transfer of indictees or assist-
ance in their apprehension;
(2) taking steps to implement policies which re-
flect a respect for minority rights and the rule of law,
including ending Serbian financial, political, security
441
HJ 2 PP
and other support which has served to maintain sepa-
rate Republika Srpska institutions.
(d) Subsections (b) and (c) shall not apply to Monte-
negro, Kosovo, humanitarian assistance, assistance to pro-
mote democracy in municipalities, or assistance to promote
reconciliation among ethnic groups within the former Yugo-
slavia.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 577. (a) AUTHORITY.—Funds made available to
carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance
the effectiveness and accountability of civilian police au-
thority in Jamaica, Indonesia, and El Salvador through
training and technical assistance in human rights, the rule
of law, strategic planning, and through assistance to foster
civilian police roles that support democratic governance in-
cluding assistance for programs to prevent conflict and fos-
ter improved police relations with the communities they
serve.
(b) REPORT.—
(1) The Administrator of the United States
Agency for International Development shall submit,
at the time of submission of the agency’s Congres-
sional Budget Justification Document for fiscal year
2004, and annually thereafter, a report to the Com-
442
HJ 2 PP
mittees on Appropriations describing the progress
these programs are making toward improving police
relations with the communities they serve and institu-
tionalizing an effective community-based police pro-
gram.
(2) The requirements of paragraph (1) are in
lieu of the requirements contains in section 587(b) of
Public Law 107–115.
(c) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN
EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES
SEC. 578. Notwithstanding section 516(e) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during
each of the fiscal years 2003 and 2004, funds available to
the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense ar-
ticles transferred under the authority of section 516 of such
Act to Albania, Bulgaria, Croatia, Estonia, Former Yugo-
slavia Republic of Macedonia, Georgia, India, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Paki-
stan, 
Romania, 
Slovakia, 
Slovenia, 
Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan: Provided, That
section 105 of Public Law 104–164 is amended by striking
‘‘2002 and 2003’’ and inserting ‘‘2003 and 2004’’.
443
HJ 2 PP
OVERSEAS PRIVATE INVESTMENT CORPORATION AND
EXPORT-IMPORT BANK RESTRICTIONS
SEC. 579. (a) LIMITATION ON USE OF FUNDS BY
OPIC.—None of the funds made available in this Act may
be used by the Overseas Private Investment Corporation to
insure, reinsure, guarantee, or finance any investment in
connection with a project involving the mining, polishing
or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-
IMPORT BANK.—None of the funds made available in this
Act may be used by the Export-Import Bank of the United
States to guarantee, insure, extend credit, or participate in
an extension of credit in connection with the export of any
goods to a country for use in an enterprise involving the
mining, polishing or other processing, or sale of diamonds
in a country that fails to meet the requirements of sub-
section (c).
(c) REQUIREMENTS.—The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and re-
quirements developed by the Kimberley Process on conflict
diamonds, or taking other measures that the Secretary of
State determines to contribute effectively to preventing and
eliminating the trade in conflict diamonds.
444
HJ 2 PP
COOPERATION WITH CUBA ON COUNTER-NARCOTICS
MATTERS
SEC. 580. (a) Subject to subsection (b), of the funds
appropriated under the heading ‘‘International Narcotics
Control and Law Enforcement’’, $3,000,000 should be made
available for the purposes of preliminary work by the De-
partment of State, or such other entities as the Secretary
of State may designate, to establish cooperation with appro-
priate agencies of the Government of Cuba on counter-nar-
cotics matters, including matters relating to cooperation,
coordination, and mutual assistance in the interdiction of
illicit drugs being transported through Cuba airspace or
over Cuba waters.
(b) The amount in subsection (a) shall not be available
if the President certifies that—
(1) Cuba does not have in place appropriate pro-
cedures to protect against the loss of innocent life in
the air and on the ground in connection with the
interdiction of illegal drugs; and
(2) there is evidence of involvement of the Gov-
ernment of Cuba in drug trafficking.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 581. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amend-
ed, may be used to pay for the performance of abortions
445
HJ 2 PP
as a method of family planning or to motivate or coerce
any person to practice abortions. None of the funds made
available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for the perform-
ance of involuntary sterilization as a method of family
planning or to coerce or provide any financial incentive
to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be used to pay for any bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that
the use of these funds by any such country or organization
would violate any of the above provisions related to abor-
tions and involuntary sterilizations.
TROPICAL FOREST CONSERVATION
SEC. 582. Of the funds appropriated under the head-
ings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’, $50,000,000 is available to carry out tropical forest
conservation activities authorized by the Foreign Assistance
Act of 1961, of which amount up to $40,000,000 may be
available for the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying loans and loan
446
HJ 2 PP
guarantees, pursuant to the provisions of part V of such
Act, the Tropical Forest Conservation Act of 1998.
REGIONAL DEMOCRACY PROGRAMS FOR EAST ASIA AND
THE PACIFIC
SEC. 583. Funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ that are available for
‘‘Regional Democracy’’ assistance for East Asia and the Pa-
cific shall be made available only through the National En-
dowment for Democracy.
TRANSPARENCY AND ACCOUNTABILITY
SEC. 584. (a) FINDINGS.—The Congress finds that—
(1) There is a lack of transparency in the reve-
nues and expenditures of the national budgets of
many developing countries that receive United States
assistance.
(2) In such countries, official revenues—particu-
larly from natural resource extraction—are often un-
reported, under-reported, or inaccurately recorded by
foreign government agencies.
(3) Such inefficiencies—which in some instances
mask outright theft—result in the failure of such gov-
ernments to adequately provide their citizens with so-
cial, political, economic, and legal benefits and oppor-
tunities, and undermine the effectiveness of assistance
provided to such countries by the United States and
other international donors.
447
HJ 2 PP
(4) Good governance and respect for the rule of
law are critical to a nation’s development.
(b) REPORT.—Not more than 90 days after enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations, describing in detail—
(1) Those countries whose central governments
receive foreign assistance from the United States;
(2) Relevant laws and regulations in such coun-
tries governing the public disclosure of revenues and
expenditures in national budgets;
(3) The adequacy of those laws and regulations,
and the extent to which they are implemented and en-
forced;
(4) Those countries receiving such assistance
where no such laws or regulations exist, and the ex-
tent to which such revenues and expenditures are pub-
licly disclosed; and
(5) Programs and activities sponsored by the
United States Government to promote accurate disclo-
sure of revenues and expenditures in the national
budgets of such countries, and the results of those pro-
grams and activities.
SEC. 585. EXTENSION OF PROHIBITION OF OIL AND
GAS DRILLING IN THE GREAT LAKES. Section 503 of the
Energy and Water Resources Development Appropriations
448
HJ 2 PP
Act, 2002 (115 Stat. 512), is amended by striking ‘‘2002
and 2003’’ and inserting ‘‘2002 through 2005’’.
SEC. 586. SENSE OF THE SENATE WITH RESPECT TO
NORTH KOREA. It is the sense of the Senate that—
(1) North Korea has violated the basic terms of
the Agreed Framework Between the United States of
America and the Democratic People’s Republic of
Korea, signed in Geneva on October 21, 1994 (and the
Confidential Minute to that agreement), and the
North-South Joint Declaration on the Denuclear-
ization of the Korean Peninsula by pursuing the en-
richment of uranium for the purpose of building a
nuclear weapon and by ‘‘nuclearizing’’ the Korean
peninsula;
(2) North Korea has announced its intention to
restart the 5-megawatt reactor and related reprocess-
ing facility at Yongbyon, which were frozen under the
Agreed Framework, and has expelled the Inter-
national Atomic Energy Agency personnel monitoring
the freeze;
(3) North Korea has announced its intention to
withdraw from the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Washington, London, and
Moscow on July 1, 1968 (21 UST 483);
449
HJ 2 PP
(4) the Agreed Framework is, as a result of
North Korea’s own actions over several years and re-
cent declaration, null and void;
(5) North Korea’s pursuit and development of
nuclear weapons is of grave concern and represents a
serious threat to the security of the United States, its
regional allies, and friends;
(6) North Korea must immediately come into
compliance with its obligations under the Treaty on
the Non-Proliferation of Nuclear Weapons and other
commitments to the international community;
(7) any diplomatic solution to the North Korean
crisis must achieve the total dismantlement of North
Korea’s nuclear weapons and nuclear production ca-
pability, 
including 
effective 
and 
comprehensive
verification requirements, on-site monitoring, and free
access for the investigation of all sites of concern;
(8) the United States, in conjunction with the
Republic of Korea and other allies in the Pacific re-
gion, should take measures to ensure the highest pos-
sible level of deterrence and military readiness
against the multiple threats that North Korea poses;
(9) since 1995, the United States has been the
single largest food donor to North Korea, providing
$620,000,000 in food aid assistance over that time;
450
HJ 2 PP
(10) North Korea does not allow full verification
of the use of food aid assistance, as shown by the fail-
ure of North Korea to permit the World Food Pro-
gram to introduce a system of random access moni-
toring of such use in North Korea and the failure of
North Korea to provide the World Food Program with
a list of institutions through which World Food Pro-
gram food is provided to beneficiaries;
(11) the failures described in paragraph (10) fall
short of humanitarian practice in emergency oper-
ations in other parts of the world; and
(12) North Korea should allow full verification of
the use of food aid assistance by—
(A) providing the World Food Program
with a list of institutions through which World
Food Program food is provided to beneficiaries;
(B) permitting the World Food Program to
introduce a system of random access monitoring
in North Korea; and
(C) providing access for the World Food
Program in all counties in North Korea.
This division may be cited as the ‘‘Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 2003’’.
451
HJ 2 PP
DIVISION F—INTERIOR AND RELATED AGENCIES
APPROPRIATIONS, 2003
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending Sep-
tember 30, 2003, and for other purposes.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior and related agencies for the fis-
cal year ending September 30, 2003, and for other purposes,
namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classifica-
tion, acquisition of easements and other interests in lands,
and performance of other functions, including maintenance
of facilities, as authorized by law, in the management of
lands and their resources under the jurisdiction of the Bu-
reau of Land Management, including the general adminis-
tration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $816,062,000, to remain available until expended,
of which $1,000,000 is for high priority projects which shall
be carried out by the Youth Conservation Corps; of which
452
HJ 2 PP
$4,000,000 shall be available for assessment of the mineral
potential of public lands in Alaska pursuant to section 1010
of Public Law 96–487 (16 U.S.C. 3150); and of which not
to exceed $1,000,000 shall be derived from the special receipt
account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l–6a(i)); and of
which $3,000,000 shall be available in fiscal year 2003 sub-
ject to a match by at least an equal amount by the National
Fish and Wildlife Foundation, to such Foundation for cost-
shared projects supporting conservation of Bureau lands
and such funds shall be advanced to the Foundation as a
lump sum grant without regard to when expenses are in-
curred; in addition, $32,696,000 for Mining Law Adminis-
tration program operations, including the cost of admin-
istering the mining claim fee program; to remain available
until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated at not more than $816,062,000, and $2,000,000,
to remain available until expended, from communication
site rental fees established by the Bureau for the cost of ad-
ministering communication site activities: Provided, That
appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros
in the care of the Bureau or its contractors.
453
HJ 2 PP
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppres-
sion operations, fire science and research, emergency reha-
bilitation, hazardous fuels reduction, and rural fire assist-
ance by the Department of the Interior, $654,254,000, to
remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such pur-
poses: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging with-
out cost from funds available from this appropriation: Pro-
vided further, That notwithstanding 42 U.S.C. 1856d, sums
received by a bureau or office of the Department of the Inte-
rior for fire protection rendered pursuant to 42 U.S.C. 1856
et seq., protection of United States property, may be cred-
ited to the appropriation from which funds were expended
to provide that protection, and are available without fiscal
year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction ac-
tivities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land,
454
HJ 2 PP
or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs
of implementing any cooperative agreement between the
Federal government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties: Pro-
vided further, That in entering into such grants or coopera-
tive agreements, the Secretary may consider the enhance-
ment of local and small business employment opportunities
for rural communities, and that in entering into procure-
ment contracts under this section on a best value basis, the
Secretary may take into account the ability of an entity
to enhance local and small business employment opportuni-
ties in rural communities, and that the Secretary may
award procurement contracts, grants, or cooperative agree-
ments under this section to entities that include local non-
profit entities, Youth Conservation Corps or related part-
nerships, or small or disadvantaged businesses: Provided
further, That funds appropriated under this head may be
used to reimburse the United States Fish and Wildlife Serv-
ice and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act in connec-
tion with wildland fire management activities.
455
HJ 2 PP
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Inte-
rior and any of its component offices and bureaus for the
remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response, Com-
pensation, and Liability Act, as amended (42 U.S.C. 9601
et seq.), $9,978,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302, sums re-
covered from or paid by a party in advance of or as reim-
bursement for remedial action or response activities con-
ducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account to be available
until expended without further appropriation: Provided
further, That such sums recovered from or paid by any
party are not limited to monetary payments and may in-
clude stocks, bonds or other personal or real property, which
may be retained, liquidated, or otherwise disposed of by the
Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $12,976,000, to re-
main available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October
20, 
1976, 
as 
amended 
(31 
U.S.C. 
6901–6907),
456
HJ 2 PP
$210,000,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no
payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less
than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206,
and 318(d) of Public Law 94–579, including administra-
tive expenses and acquisition of lands or waters, or interests
therein, $30,150,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adja-
cent rights-of-way; and acquisition of lands or interests
therein including existing connecting roads on or adjacent
to such grant lands; $105,633,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Or-
egon and California Railroad grant lands is hereby made
a charge against the Oregon and California land-grant
457
HJ 2 PP
fund and shall be transferred to the General Fund in the
Treasury in accordance with the second paragraph of sub-
section (b) of title II of the Act of August 28, 1937 (50 Stat.
876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose of
planning, preparing, implementing and monitoring salvage
timber sales and forest ecosystem health and recovery activi-
ties such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined
as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et
seq., and Public Law 106–393) derived from treatments
funded by this account shall be deposited into the Forest
Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal range-
lands pursuant to section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing any other Act, sums equal to 50 percent of all
moneys received during the prior fiscal year under sections
3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.)
458
HJ 2 PP
and the amount designated for range improvements from
grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior
pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed
$600,000 shall be available for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations
for use and disposal of public lands and resources, for costs
of providing copies of official public land documents, for
monitoring construction, operation, and termination of fa-
cilities in conjunction with use authorizations, and for re-
habilitation of damaged property, such amounts as may be
collected under Public Law 94–579, as amended, and Public
Law 93–153, to remain available until expended: Provided,
That notwithstanding any provision to the contrary of sec-
tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that
section, whether as a result of forfeiture, compromise, or set-
tlement, if not appropriate for refund pursuant to section
305(c) of that Act (43 U.S.C. 1735(c)), shall be available
and may be expended under the authority of this Act by
the Secretary to improve, protect, or rehabilitate any public
lands administered through the Bureau of Land Manage-
ment which have been damaged by the action of a resource
459
HJ 2 PP
developer, purchaser, permittee, or any unauthorized per-
son, without regard to whether all moneys collected from
each such action are used on the exact lands damaged which
led to the action: Provided further, That any such moneys
that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used
to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance
of necessary buildings and appurtenant facilities to which
the United States has title; up to $100,000 for payments,
at the discretion of the Secretary, for information or evi-
dence concerning violations of laws administered by the Bu-
reau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to
460
HJ 2 PP
be accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies, con-
servation, management, investigations, protection, and uti-
lization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $902,697,000,
to remain available until September 30, 2004, except as oth-
erwise provided herein: Provided, That not less than
$2,000,000 shall be provided to local governments in south-
ern California for planning associated with the Natural
461
HJ 2 PP
Communities Conservation Planning (NCCP) program and
shall remain available until expended: Provided further,
That $2,000,000 is for high priority projects which shall
be carried out by the Youth Conservation Corps: Provided
further, That not to exceed $9,077,000 shall be used for im-
plementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing
petitions, developing and issuing proposed and final regula-
tions, and taking any other steps to implement actions de-
scribed 
in 
subsection 
(c)(2)(A), 
(c)(2)(B)(i), 
or
(c)(2)(B)(ii)), of which not to exceed $5,000,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species already listed pursuant to subsection
(a)(1) as of the date of enactment this Act: Provided further,
That of the amount available for law enforcement, up to
$400,000 to remain available until expended, may at the
discretion of the Secretary, be used for payment for infor-
mation, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
proved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount pro-
vided for environmental contaminants, up to $1,000,000
462
HJ 2 PP
may remain available until expended for contaminant sam-
ple analyses.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and utili-
zation of fishery and wildlife resources, and the acquisition
of lands and interests therein; $42,882,000, to remain avail-
able until expended: Provided, That notwithstanding any
other provision of law, a single procurement for the con-
struction of the Kodiak National Wildlife Refuge visitor
center may be issued which includes the full scope of the
project: Provided further, That the solicitation and the con-
tract shall contain the clause ‘‘availability of funds’’ found
at 48 CFR 52.232.18.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service, $81,555,000,
to be derived from the Land and Water Conservation Fund
and to remain available until expended: Provided, That
none of the funds appropriated for specific land acquisition
463
HJ 2 PP
projects can be used to pay for any administrative over-
head, planning or other management costs.
LANDOWNER INCENTIVE PROGRAM
For administrative expenses associated with a Land-
owner Incentive Program established in Public Law 107–
63, $600,000, to be derived from the Land and Water Con-
servation Fund and to remain available until expended.
STEWARDSHIP GRANTS
For administrative expenses associated with a Private
Stewardship Program established in Public Law 107–63,
$200,000, to be derived from the Land and Water Conserva-
tion Fund and to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531–1543),
as amended, $81,000,000, to be derived from the Coopera-
tive Endangered Species Conservation Fund and to remain
available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October
17, 1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of
the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $38,560,000, to remain avail-
able until expended.
464
HJ 2 PP
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $2,000,000,
to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,
4221–4225, 4241–4245, and 1538), the Asian Elephant
Conservation Act of 1997 (Public Law 105–96; 16 U.S.C.
4261–4266), the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301–5306), and the Great Ape Conserva-
tion Act of 2000 (16 U.S.C. 6301), $4,200,000, to remain
available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American
Samoa, and federally recognized Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the
Fish and Wildlife Coordination Act, for the development
and implementation of programs for the benefit of wildlife
and their habitat, including species that are not hunted or
fished, $45,000,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended:
465
HJ 2 PP
Provided, That of the amount provided herein, $3,000,000
is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
said $3,000,000 and administrative expenses, apportion the
amount provided herein in the following manner: (A) to
the District of Columbia and to the Commonwealth of Puer-
to Rico, each a sum equal to not more than one-half of 1
percent thereof: and (B) to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof: Provided further, That
the Secretary shall apportion the remaining amount in the
following manner: (A) one-third of which is based on the
ratio to which the land area of such State bears to the total
land area of all such States; and (B) two-thirds of which
is based on the ratio to which the population of such State
bears to the total population of all such States: Provided
further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
466
HJ 2 PP
and the Federal share of implementation grants shall not
exceed 50 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided fur-
ther, That no State, territory, or other jurisdiction shall re-
ceive a grant unless it has developed, or committed to de-
velop by October 1, 2005, a comprehensive wildlife conserva-
tion plan, consistent with criteria established by the Sec-
retary of the Interior, that considers the broad range of the
State, territory, or other jurisdiction’s wildlife and associ-
ated habitats, with appropriate priority placed on those
species with the greatest conservation need and taking into
consideration the relative level of funding available for the
conservation of those species: Provided further, That any
amount apportioned in 2003 to any State, territory, or
other jurisdiction that remains unobligated as of September
30, 2004, shall be reapportioned, together with funds appro-
priated in 2005, in the manner provided herein.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 102 passenger motor vehicles, of which
75 are for replacement only (including 39 for police-type
use); repair of damage to public roads within and adjacent
to reservation areas caused by operations of the Service; op-
tions for the purchase of land at not to exceed $1 for each
467
HJ 2 PP
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may,
under cooperative cost sharing and partnership arrange-
ments authorized by law, procure printing services from co-
operators in connection with jointly produced publications
for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service deter-
mines the cooperator is capable of meeting accepted quality
standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft: Pro-
vided further, That the United States Fish and Wildlife
Service is authorized to grant $500,000 appropriated in
Public Law 107–63 for land acquisition to the Narragansett
Indian Tribe for acquisition of the Great Salt Pond burial
tract: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Ref-
468
HJ 2 PP
uge System unless the purchase is approved in advance by
the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained
in House Report 107–63.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation,
and maintenance of areas and facilities administered by
the National Park Service (including special road mainte-
nance service to trucking permittees on a reimbursable
basis), and for the general administration of the National
Park Service, $1,571,065,000, of which $6,878,000 for plan-
ning and interagency coordination in support of Everglades
restoration shall remain available until expended; of which
$88,280,000, to remain available until September 30, 2004,
is for maintenance repair or rehabilitation projects for con-
structed assets, operation of the National Park Service auto-
mated facility management software system, and com-
prehensive facility condition assessments; of which not less
than $9,000,000 is for reimbursement of the United States
Geological Survey for conduct of National Park Service nat-
ural resource challenge activities; and of which $2,000,000
is for the Youth Conservation Corps for high priority
projects: Provided, That the only funds in this account
which may be made available to support United States
469
HJ 2 PP
Park Police are those funds approved for emergency law
and order incidents pursuant to established National Park
Service procedures, those funds needed to maintain and re-
pair United States Park Police administrative facilities,
and those funds necessary to reimburse the United States
Park Police account for the unbudgeted overtime and travel
costs associated with special events for an amount not to
exceed $10,000 per event subject to the review and concur-
rence of the Washington headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $78,431,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage part-
nership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise
provided for, $62,978,000.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of
the Urban Park and Recreation Recovery Act of 1978 (16
U.S.C. 2501 et seq.), $10,000,000, to remain available until
expended.
470
HJ 2 PP
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and
the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104–333), $67,000,000, to be derived
from the Historic Preservation Fund and to remain avail-
able until September 30, 2004: Provided, That of the total
amount provided, $30,000,000 shall be for Save America’s
Treasures for priority preservation projects of nationally
significant sites, structures, and artifacts: Provided further,
That any individual Save America’s Treasures grant shall
be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant, and
all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to the
commitment of grant funds: Provided further, That Save
America’s Treasures funds allocated for Federal projects
shall be available by transfer to appropriate accounts of in-
dividual agencies, after approval of such projects by the Sec-
retary of the Interior, in consultation with the President’s
Committee on the Arts and Humanities: Provided further,
That none of the funds provided for Save America’s Treas-
ures may be used for administrative expenses, and staffing
for the program shall be available from the existing staffing
levels in the National Park Service.
471
HJ 2 PP
CONSTRUCTION
For construction, improvements, repair or replacement
of physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection
and Expansion Act of 1989, $322,826,000, to remain avail-
able until expended, of which $2,500,000 for the Virginia
City Historic District, and $500,000 for the Fort Osage Na-
tional Historic Landmark shall be derived from the His-
toric Preservation Fund pursuant to 16 U.S.C. 470a.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2003
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and
for acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $204,005,000, to be derived from the
Land and Water Conservation Fund and to remain avail-
able until expended, of which $115,000,000 is for the State
assistance program including $4,000,000 to administer the
State assistance program: Provided, That of the amounts
provided under this heading, $20,000,000 may be for Fed-
eral grants, including Federal administrative expenses, to
472
HJ 2 PP
the State of Florida for the acquisition of lands or waters,
or interests therein, within the Everglades watershed (con-
sisting of lands and waters within the boundaries of the
South Florida Water Management District, Florida Bay
and the Florida Keys, including the areas known as the
Frog Pond, the Rocky Glades and the Eight and One-Half
Square Mile Area) under terms and conditions deemed nec-
essary by the Secretary to improve and restore the
hydrological function of the Everglades watershed: Provided
further, That funds provided under this heading for assist-
ance to the State of Florida to acquire lands within the
Everglades watershed are contingent upon new matching
non-Federal funds by the State, or are matched by the State
pursuant to the cost-sharing provisions of section 316(b) of
Public Law 104–303, and shall be subject to an agreement
that the lands to be acquired will be managed in perpetuity
for the restoration of the Everglades: Provided further, That
none of the funds provided for the State Assistance program
may be used to establish a contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 301 passenger
motor vehicles, of which 273 shall be for replacement only,
including not to exceed 226 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds appro-
priated to the National Park Service may be used to process
473
HJ 2 PP
any grant or contract documents which do not include the
text of 18 U.S.C. 1913: Provided further, That none of the
funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of
the southern end of Ellis Island until such agreement has
been submitted to the Congress and shall not be imple-
mented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is
not in session because of adjournment of more than 3 cal-
endar days to a day certain) from the receipt by the Speak-
er of the House of Representatives and the President of the
Senate of a full and comprehensive report on the develop-
ment of the southern end of Ellis Island, including the facts
and circumstances relied upon in support of the proposed
project.
The National Park Service may distribute to operating
units based on the safety record of each unit the costs of
programs designed to improve workplace and employee safe-
ty, and to encourage employees receiving workers’ com-
pensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which
they are medically able.
Notwithstanding any other provision of law, in fiscal
year 2003 and thereafter, sums provided to the National
Park Service by private entities for utility services shall
474
HJ 2 PP
be credited to the appropriate account and remain available
until expended: Provided, That heretofore and hereafter, in
carrying out the work under reimbursable agreements with
any State, local or tribal government, the National Park
Service may, without regard to 31 U.S.C. 1341 or any other
provision of law or regulation, record obligations against
accounts receivable from such entities, and shall credit
amounts received from such entities to the appropriate ac-
count, such credit to occur within 90 days of the date of
the original request by the National Park Service for pay-
ment.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
ering topography, geology, hydrology, biology, and the min-
eral and water resources of the United States, its territories
and possessions, and other areas as authorized by 43 U.S.C.
31, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power per-
mittees and Federal Energy Regulatory Commission licens-
ees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to
the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials proc-
475
HJ 2 PP
essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to
publish and disseminate data; $914,617,000, of which
$64,974,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
and of which $15,499,000 shall remain available until ex-
pended for conducting inquiries into the economic condi-
tions affecting mining and materials processing industries;
and of which $8,000,000 shall remain available until ex-
pended for satellite operations; and of which $22,623,000
shall be available until September 30, 2004, for the oper-
ation and maintenance of facilities and deferred mainte-
nance; and of which $166,927,000 shall be available until
September 30, 2004, for the biological research activity and
the operation of the Cooperative Research Units; and of
which $4,000,000 shall remain available until expended for
interagency research, planning, monitoring, and assess-
ment, for everglades restoration; and with the funds pro-
vided in this title, the Secretary shall release a plan for
assisting States, Federal agencies and tribes in managing
chronic wasting disease in wild and captive cervids within
90 days of enactment of this Act: Provided, That none of
these funds provided for the biological research activity shall
be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
476
HJ 2 PP
Provided further, That no part of this appropriation shall
be used to pay more than one-half the cost of topographic
mapping or water resources data collection and investiga-
tions carried on in cooperation with States and municipali-
ties.
ADMINISTRATIVE PROVISION
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not to
exceed 53 passenger motor vehicles, of which 48 are for re-
placement only; reimbursement to the General Services Ad-
ministration for security guard services; contracting for the
furnishing of topographic maps and for the making of geo-
physical or other specialized surveys when it is administra-
tively determined that such procedures are in the public in-
terest; construction and maintenance of necessary buildings
and appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensa-
tion and expenses of persons on the rolls of the Survey duly
appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be ac-
complished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.
477
HJ 2 PP
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $164,322,000, of which $83,284,000,
shall be available for royalty management activities; and
an amount not to exceed $100,230,000, to be credited to this
appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates
in effect on August 5, 1993, from rate increases to fee collec-
tions for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and
above the rates in effect on September 30, 1993, and from
additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided,
That to the extent $100,230,000 in additions to receipts are
not realized from the sources of receipts stated above, the
amount needed to reach $100,230,000 shall be credited to
this appropriation from receipts resulting from rental rates
for Outer Continental Shelf leases in effect before August
478
HJ 2 PP
5, 1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30, 2004:
Provided further, That funds appropriated under this Act
shall be available for the payment of interest in accordance
with 30 U.S.C. 1721(b) and (d): Provided further, That not
to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed re-
fund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments: Pro-
vided further, That MMS may under the royalty-in-kind
pilot program, or under its authority to transfer oil to the
Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year
limitation, to pay for transportation to wholesale market
centers or upstream pooling points, to process or otherwise
dispose of royalty production taken in kind, and to recover
MMS transportation costs, salaries, and other administra-
tive costs directly related to filling the Strategic Petroleum
Reserve: Provided further, That MMS shall analyze and
document the expected return in advance of any royalty-
479
HJ 2 PP
in-kind sales to assure to the maximum extent practicable
that royalty income under the pilot program is equal to
or greater than royalty income recognized under a com-
parable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,105,000, which shall be derived from the Oil Spill Liabil-
ity Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of
the Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase of
not to exceed 10 passenger motor vehicles, for replacement
only; $105,092,000: Provided, That the Secretary of the In-
terior, pursuant to regulations, may use directly or through
grants to States, moneys collected in fiscal year 2003 for
civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until
expended: Provided further, That appropriations for the Of-
fice of Surface Mining Reclamation and Enforcement may
480
HJ 2 PP
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Sur-
face Mining Control and Reclamation Act of 1977, Public
Law 95–87, as amended, including the purchase of not more
than 10 passenger motor vehicles for replacement only,
$191,745,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the
Federal Expenses Share of the Fund, shall be for supple-
mental grants to States for the reclamation of abandoned
sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum pro-
gram States will be $1,500,000 per State in fiscal year
2003: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency program
authorized by section 410 of Public Law 95–87, as amend-
ed, of which no more than 25 percent shall be used for emer-
gency reclamation projects in any one State and funds for
federally administered emergency reclamation projects
under this proviso shall not exceed $11,000,000: Provided
further, That prior year unobligated funds appropriated for
the emergency reclamation program shall not be subject to
481
HJ 2 PP
the 25 percent limitation per State and may be used with-
out fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97–365, the Depart-
ment of the Interior is authorized to use up to 20 percent
from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV
of Public Law 95–87 may be used for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects
must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided
further, That the State of Maryland may set aside the great-
er of $1,000,000 or 10 percent of the total of the grants
made available to the State under title IV of the Surface
Mining Control and Reclamation Act of 1977, as amended
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited
in an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the
amount (together with all interest earned on the amount)
is expended by the State to undertake acid mine drainage
abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are
482
HJ 2 PP
deposited in an acid mine drainage abatement and treat-
ment fund, the State of Maryland must first complete all
Surface Mining Control and Reclamation Act priority one
projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian pro-
grams, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001–2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,855,635,000, to remain available until September 30,
2004 except as otherwise provided herein, of which not to
exceed $85,857,000 shall be for welfare assistance payments
and notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of
1975, as amended, not to exceed $133,209,000 shall be
available for payments to tribes and tribal organizations
for contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered
into with the Bureau prior to or during fiscal year 2003,
as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for
483
HJ 2 PP
unmet indirect costs of ongoing contracts, grants, or com-
pacts, or annual funding agreements and for unmet welfare
assistance costs; and up to $2,000,000 shall be for the In-
dian Self-Determination Fund which shall be available for
the transitional cost of initial or expanded tribal contracts,
grants, compacts or cooperative agreements with the Bureau
under such Act; and of which not to exceed $442,985,000
for school operations costs of Bureau-funded schools and
other education programs shall become available on July
1, 2003, and shall remain available until September 30,
2004; and of which not to exceed $57,686,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and
the Navajo-Hopi Settlement Program: Provided, That not-
withstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $43,065,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further,
That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2004, may be transferred
during fiscal year 2005 to an Indian forest land assistance
484
HJ 2 PP
account established for the benefit of such tribe within the
tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on Sep-
tember 30, 2005.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $348,252,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract authority available to the Bureau of Indian Affairs
from the Federal Highway Trust Fund may be used to cover
the road program management costs of the Bureau: Pro-
vided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further,
That for fiscal year 2003, in implementing new construc-
tion or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled
grant schools under Public Law 100–297, as amended, the
485
HJ 2 PP
Secretary of the Interior shall use the Administrative and
Audit Requirements and Cost Principles for Assistance Pro-
grams contained in 43 CFR part 12 as the regulatory re-
quirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and
the grantee shall negotiate and determine a schedule of pay-
ments for the work to be performed: Provided further, That
in considering applications, the Secretary shall consider
whether the Indian tribe or tribal organization would be
deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by
25 U.S.C. 2005(a), with respect to organizational and fi-
nancial management capabilities: Provided further, That if
the Secretary declines an application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2505(f):
Provided further, That any disputes between the Secretary
and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$57,949,000, to remain available until expended; of which
$24,870,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
486
HJ 2 PP
to Public Laws 101–618 and 102–575, and for implementa-
tion of other enacted water rights settlements; of which
$5,068,000 shall be available for future water supplies fa-
cilities under Public Law 106–163; and of which
$28,011,000 shall be available pursuant to Public Laws 99–
264, 100–580, 106–263, 106–425 and 106–554.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$5,000,000, as authorized by the Indian Financing Act of
1974, as amended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $72,464,000.
In addition, for administrative expenses to carry out
the guaranteed and insured loan programs, $493,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guarantee
and insurance fund, and the Indian Guaranteed Loan Pro-
487
HJ 2 PP
gram account) shall be available for expenses of exhibits,
and purchase of not to exceed 229 passenger motor vehicles,
of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to im-
plement the recommendations of the National Academy of
Public Administration’s August 1999 report shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe’s ability to access
future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
488
HJ 2 PP
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available only
to the schools in the Bureau school system as of September
1, 1996. No funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school
system as of October 1, 1995. Funds made available under
this Act may not be used to establish a charter school at
a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C.
2026)), except that a charter school that is in existence on
the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may
continue to operate during that period, but only if the char-
ter school pays to the Bureau a pro rata share of funds
to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the char-
ter school are kept separate and apart from Bureau funds,
and the Bureau does not assume any obligation for charter
school programs of the State in which the school is located
if the charter school loses such funding. Employees of Bu-
reau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
542
HJ 2 PP
ers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $884,293,000, to remain available until
expended: Provided, That $270,000,000 shall be for use in
energy conservation grant programs as defined in section
3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided
further, That notwithstanding section 3003(d)(2) of Public
Law 99–509, such sums shall be allocated to the eligible
programs as follows: $225,000,000 for weatherization assist-
ance grants and $45,000,000 for State energy conservation
grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $1,487,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$172,856,000, to remain available until expended.
SPR PETROLEUM ACCOUNT
For the acquisition and transportation of petroleum
and for other necessary expenses pursuant to the Energy
614
HJ 2 PP
(B) a right-of-way for the extension of the
Foothills Trail (Trail No. 365A), as identified on
the map; and
(C) a right-of-way for that portion of the
Piedra Lisa North-South Trail (Trail No. 135)
crossing the Piedra Lisa tract.
SEC. 410. EXTINGUISHMENT OF CLAIMS.
(a) IN GENERAL.—Except for the rights and interests
in and to the Area specifically recognized in sections 404,
405, 407, 408, and 409, all Pueblo claims to right, title
and interest of any kind, including aboriginal claims, in
and to land within the Area, any part thereof, and property
interests therein, as well as related boundary, survey, tres-
pass, and monetary damage claims, are permanently extin-
guished. The United States’ title to the Area is confirmed.
(b) SUBDIVISIONS.—Any Pueblo claims to right, title
and interest of any kind, including aboriginal claims, in
and to the subdivisions and property interests therein (ex-
cept for land owned in fee by the Pueblo as of the date of
enactment of this Act), as well as related boundary, survey,
trespass, and monetary damage claims, are permanently
extinguished.
(c) SPECIAL USE AND CREST FACILITIES AREAS.—
Any Pueblo right, title and interest of any kind, including
aboriginal claims, and related boundary, survey, trespass,
615
HJ 2 PP
and monetary damage claims, are permanently extin-
guished in and to—
(1) the land described in the special use permit;
and
(2) the land on which the crest facilities are lo-
cated.
(d) PUEBLO AGREEMENT.—As provided in the Settle-
ment Agreement, the Pueblo has agreed to the relinquish-
ment and extinguishment of those claims, rights, titles and
interests extinguished pursuant to subsection (a), (b) and
(c).
(e) CONSIDERATION.—The recognition of the Pueblo’s
rights and interests in this title constitutes adequate consid-
eration for the Pueblo’s agreement to the extinguishment of
the Pueblo’s claims in this section and the right-of-way
grants contained in section 409, and it is the intent of Con-
gress that those rights and interests may only be diminished
by a future Act of Congress specifically authorizing dimin-
ishment of such rights, with express reference to this title.
SEC. 411. CONSTRUCTION.
(a) STRICT CONSTRUCTION.—This title recognizes only
enumerated rights and interests, and no additional rights,
interests, obligations, or duties shall be created by implica-
tion.