To provide additional funds for certain homeland security measures.

TEXT OF AMENDMENTS

SA 1. Mr. STEVENS proposed an amendment to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; as follows:

Strike all after the resolving clause and insert:

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003

Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2003, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing, and Marketing

Office of the Secretary

For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5
U.S.C. 3109, $3,412,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.

Executive Operations

chief economist

For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $5,000 is for employment under 5 U.S.C. 3109,
$12,016,000.

national appeals division

For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $25,000 is for employment under 5 U.S.C.
3109, $13,759,000.

Office of Budget and Program Analysis

For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $7,358,000.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief
Information Officer, including employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), of which not to exceed $10,000 is for
employment under 5 U.S.C. 3109, $31,275,000.

Common Computing Environment

For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service,
the Farm and Foreign Agricultural Service and Rural
Development mission areas for information technology,
systems, and services, $133,155,000, to remain available
until expended, for the capital asset acquisition of shared
information technology systems, including services as
authorized by 7 U.S.C. 6915-16 and 40 U.S.C. 1421-28:
Provided, That obligation of these funds shall be consistent
with the Department of Agriculture Service Center
Modernization Plan of the county-based agencies, and shall be
with the concurrence of the Department's Chief Information
Officer.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 is for employment under 5
U.S.C. 3109, $7,877,000: Provided, That the Chief Financial
Officer shall actively market and expand cross-servicing
activities of the National Finance Center.

Office of the Assistant Secretary for Civil Rights

For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $400,000.

Office of the Assistant Secretary for Administration

For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration to carry out the
programs funded by this Act, $780,000.

Agriculture Buildings and Facilities and Rental Payments

(including transfers of funds)

For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $197,662,000, to
remain available until expended: Provided, That the Secretary
of Agriculture may transfer a share of that agency's
appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation
to that agency's appropriation to cover the costs of new or
replacement space for such agency, but such transfers shall
not exceed 5 percent of the funds made available for space
rental and related costs to or from this account.

Hazardous Materials Management

(including transfers of funds)

For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,685,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.

Departmental Administration

(including transfers of funds)

For Departmental Administration, $42,479,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration and
disaster management of the Department, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109: Provided, That
this appropriation shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.

Office of the Assistant Secretary for Congressional Relations

(including transfers of funds)

For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $4,157,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no other funds appropriated to the
Department by this Act shall be available to the Department
for support of activities of congressional relations.

Office of Communications

For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for
the dissemination of agricultural information, and the
coordination of information, work, and programs authorized by
Congress in the Department, $9,637,000, including employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C.
3109, and not to exceed $2,000,000 may be used for farmers'
bulletins.

Office of the Inspector General

For necessary expenses of the Office of the Inspector
General, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and the Inspector General Act of 1978, $78,127,000, including
such sums as may be necessary for contracting and other
arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978, including not to exceed $50,000 for employment under 5
U.S.C. 3109; and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of
informants, to be expended under the direction of the
Inspector General pursuant to Public Law 95-452 and section
1337 of Public Law 97-98.

Office of the General Counsel

For necessary expenses of the Office of the General
Counsel, $35,588,000.

Office of the Under Secretary for Research, Education and Economics

For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics
Service, the Agricultural Research Service, and the
Cooperative State Research, Education, and Extension Service,
$780,000.

[[Page S868]]

Economic Research Service

For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627)
and other laws, $65,123,000: Provided, That this
appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225).

National Agricultural Statistics Service

For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C.
1621-1627 and 2204g, and other laws, $140,854,000, of which
up to $41,274,000 shall be available until expended for the
Census of Agriculture: Provided, That this appropriation
shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $40,000 shall be available
for employment under 5 U.S.C. 3109.

Agricultural Research Service

Salaries and Expenses

For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,053,597,000: Provided, That appropriations hereunder shall
be available for temporary employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $115,000 shall be available
for employment under 5 U.S.C. 3109: Provided further, That
appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall
each be limited to $1,200,000, and except for 10 buildings to
be constructed or improved at a cost not to exceed $750,000
each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is
greater: Provided further, That the limitations on
alterations contained in this Act shall not apply to
modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further,
That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That funds may be
received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
In fiscal year 2003, the agency is authorized to charge
fees, commensurate with the fair market value, for any
permit, easement, lease, or other special use authorization
for the occupancy or use of land and facilities (including
land and facilities at the Beltsville Agricultural Research
Center) issued by the agency, as authorized by law, and such
fees shall be credited to this account, and shall remain
available until expended for authorized purposes.

Buildings and Facilities

For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $100,955,000, to remain available until
expended: Provided, That funds may be received from any
State, other political subdivision, organization, or
individual for the purpose of establishing any research
facility of the Agricultural Research Service, as authorized
by law.

Cooperative State Research, Education, and Extension Service

Research and Education Activities

For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $651,411,000, as follows: to carry out
the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$185,553,000; for grants for cooperative forestry research
(16 U.S.C. 582a through a-7), $22,541,000; for payments to
the 1890 land-grant colleges, including Tuskegee University
(7 U.S.C. 3222), $35,643,000, of which $1,507,496 shall be
made available only for the purpose of ensuring that each
institution shall receive no less than $1,000,000; for
special grants for agricultural research (7 U.S.C. 450i(c)),
$103,834,000; for special grants for agricultural research on
improved pest control (7 U.S.C. 450i(c)), $15,006,000; for
competitive research grants (7 U.S.C. 450i(b)), $204,263,000;
for the support of animal health and disease programs (7
U.S.C. 3195), $5,251,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $1,000,000; for grants
for research pursuant to the Critical Agricultural Materials
Act (7 U.S.C. 178 et seq.), $1,500,000, to remain available
until expended; for research grants for 1994 institutions
pursuant to section 536 of Public Law 103-382 (7 U.S.C. 301
note), $1,000,000, to remain available until expended; for
higher education graduate fellowship grants (7 U.S.C.
3152(b)(6)), $2,993,000, to remain available until expended
(7 U.S.C. 2209b); for higher education challenge grants (7
U.S.C. 3152(b)(1)), $4,340,000; for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)),
$998,000, to remain available until expended (7 U.S.C.
2209b); for an education grants program for Hispanic-serving
Institutions (7 U.S.C. 3241), $3,500,000; for noncompetitive
grants for the purpose of carrying out all provisions of 7
U.S.C. 3242 (section 759 of Public Law 106-78) to individual
eligible institutions or consortia of eligible institutions
in Alaska and in Hawaii, with funds awarded equally to each
of the States of Alaska and Hawaii, $3,500,000; for a
secondary agriculture education program and 2-year post-
secondary education (7 U.S.C. 3152(j)), $1,000,000; for
aquaculture grants (7 U.S.C. 3322), $5,000,000; for
sustainable agriculture research and education (7 U.S.C.
5811), $15,000,000; for a program of capacity building grants
(7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University, $11,479,000, to remain
available until expended (7 U.S.C. 2209b); for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public
Law 103-382, $1,700,000; and for necessary expenses of
Research and Education Activities, of which not to exceed
$100,000 shall be for employment under 5 U.S.C. 3109,
$26,310,000.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.

Native American Institutions Endowment Fund

For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$7,100,000.

Extension Activities

For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern
Marianas, and American Samoa, $452,767,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $284,218,000;
payments for extension work at the 1994 Institutions under
the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,500,000;
payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,566,000;
payments for the pest management program under section 3(d)
of the Act, $10,759,000; payments for the farm safety program
under section 3(d) of the Act, $5,250,000; payments to
upgrade research, extension, and teaching facilities at the
1890 land-grant colleges, including Tuskegee University, as
authorized by section 1447 of Public Law 95-113 (7 U.S.C.
3222b), $15,000,000, to remain available until expended;
payments for youth-at-risk programs under section 3(d) of the
Smith-Lever Act, $8,481,000; for youth farm safety education
and certification extension grants, to be awarded
competitively under section 3(d) of the Act, $499,000;
payments for carrying out the provisions of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.),
$4,093,000; payments for Indian reservation agents under
section 3(d) of the Smith-Lever Act, $1,996,000; payments for
sustainable agriculture programs under section 3(d) of the
Act, $5,000,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $2,622,000; payments for cooperative
extension work by the colleges receiving the benefits of the
second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee
University, $32,117,000, of which $1,724,884 shall be made
available only for the purpose of ensuring that each
institution shall receive no less than $1,000,000; and for
necessary expenses of extension activities, $20,666,000.

Integrated Activities

For the integrated research, education, and extension
competitive grants programs, including necessary
administrative expenses, as authorized under section 406 of
the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7626), $48,218,000, as follows:
payments for the water quality program, $12,971,000; payments
for the food safety program, $14,967,000; payments for the
regional pest management centers program, $4,531,000;
payments for the Food Quality Protection Act risk mitigation
program for

[[Page S869]]

major food crop systems, $4,889,000; payments for the crops
affected by Food Quality Protection Act implementation,
$1,497,000; payments for the methyl bromide transition
program, $3,000,000; payments for the organic transition
program, $1,750,000; and payments for agricultural
technology, $2,600,000: Provided, That of the funds made
available under this heading, $500,000 shall be for payments
for the critical issues program under 7 U.S.C. 450i(c) and
$1,513,000 shall be for payments for the regional rural
development centers program under 7 U.S.C. 450i(c).

Outreach for Socially Disadvantaged Farmers

For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $3,493,000, to remain available until expended.

Office of the Under Secretary for Marketing and Regulatory Programs

For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress
for the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $780,000.

Animal and Plant Health Inspection Service

Salaries and Expenses

(including transfers of funds)

For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $735,673,000, of which $4,103,000 shall be available for
the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the
extent necessary to meet emergency conditions; of which
$62,000,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for
active eradication zones: Provided, That no funds shall be
used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available
for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any
segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2003, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.

Buildings and Facilities

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $13,189,000, to remain available until expended.

Agricultural Marketing Service

Marketing Services

For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by
law, and for administration and coordination of payments to
States, including field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000 for employment under 5
U.S.C. 3109, $75,411,000, including funds for the wholesale
market development program for the design and development of
wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).

limitation on administrative expenses level

Not to exceed $61,619,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.

Funds for Strengthening Markets, Income, and Supply (Section 32)

(including transfers of funds)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $14,910,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.

Payments to States and Possessions

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,347,000.

Grain Inspection, Packers and Stockyards Administration

Salaries and Expenses

For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures
used to protect purchasers of farm products, and the
standardization activities related to grain under the
Agricultural Marketing Act of 1946, including field
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $44,475,000:
Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.

Limitation on Inspection and Weighing Services Expenses

Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.

Office of the Under Secretary for Food Safety

For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws
enacted by the Congress for the Food Safety and Inspection
Service, $780,000.

Food Safety and Inspection Service

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $759,759,000, of which no
less than $649,082,000 shall be available for Federal food
safety inspection; and in addition, $1,000,000 may be
credited to this account from fees collected for the cost of
laboratory accreditation as authorized by section 1327 of the
Food, Agriculture, Conservation and Trade Act of 1990 (7
U.S.C. 138f): Provided, That this appropriation shall be
available for field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $75,000 shall be available
for employment under 5 U.S.C. 3109: Provided further, That
this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural
Services

For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $899,000.

Farm Service Agency

Salaries and Expenses

(including transfers of funds)

For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm
Service

[[Page S870]]

Agency, $986,913,000: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That these funds
shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $1,000,000 shall be available
for employment under 5 U.S.C. 3109.

State Mediation Grants

For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102(b)), $4,000,000.

Dairy Indemnity Program

For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain
available until expended: Provided, That such program is
carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-12).

Agricultural Credit Insurance Fund Program Account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,146,996,000, of which $1,000,000,000 shall be for
guaranteed loans and $146,996,000 shall be for direct loans;
operating loans, $2,816,729,000, of which $1,700,000,000
shall be for unsubsidized guaranteed loans, $505,531,000
shall be for subsidized guaranteed loans and $611,198,000
shall be for direct loans; Indian tribe land acquisition
loans, $2,000,000; and for boll weevil eradication program
loans, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $24,566,000, of which $7,500,000 shall be for
guaranteed loans, and $17,066,000 shall be for direct loans;
operating loans, $219,036,000, of which $53,890,000 shall be
for unsubsidized guaranteed loans, $59,653,000 shall be for
subsidized guaranteed loans, and $105,493,000 shall be for
direct loans; and Indian tribe land acquisition loans,
$179,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $287,176,000, of
which $279,176,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on
Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.

Risk Management Agency

For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $70,708,000: Provided, That not
to exceed $700 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal
Crop Insurance Act, such sums as may be necessary, to remain
available until expended.

Commodity Credit Corporation Fund

reimbursement for net realized losses

For fiscal year 2003, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11).

hazardous waste management

(limitation on expenses)

For fiscal year 2003, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation
and cleanup expenses, and operations and maintenance expenses
to comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(g), and section 6001 of the
Resource Conservation and Recovery Act, 42 U.S.C. 6961.

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$902,000.

Natural Resources Conservation Service

Conservation Operations

For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $840,002,000, to remain available
until expended, of which not less than $9,162,000 is for snow
survey and water forecasting, and not less than $10,701,000
is for operation and establishment of the plant materials
centers, and of which not less than $23,500,000 shall be for
the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that
the cost of alterations and improvements to other buildings
and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are
erected on non-Federal land, that the right to use such land
is obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical
assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $25,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That qualified local engineers
may be temporarily employed at per diem rates to perform the
technical planning work of the Service: Provided further,
That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide
technical assistance with respect to programs listed in
section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)).

Watershed Surveys and Planning

For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1009), $10,960,000: Provided, That this
appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $110,000 shall be
available for employment under 5 U.S.C. 3109.

Watershed and Flood Prevention Operations

For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-
1005 and 1007-1009), the provisions of the Act of April 27,
1935 (16 U.S.C. 590a-f), and in accordance with the
provisions of laws relating to the activities of the
Department, $105,000,000, to remain available until expended
(of which up to $15,000,000 may be available for the
watersheds authorized under the Flood Control Act approved
June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided,
That not to exceed $45,514,000 of this appropriation shall be
available for technical assistance: Provided further, That
this appropriation shall be available for employment pursuant
to the second sentence of section 706(a) of the Organic Act
of 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be
available for employment under 5 U.S.C. 3109: Provided
further, That not to exceed $1,000,000 of this appropriation
is available to carry out the purposes of the Endangered
Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats
as may be necessary to expedite project construction.

Watershed Rehabilitation Program

For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012), and in accordance with the provisions of laws relating
to the activities of the Department, $30,000,000, to remain
available until expended.

Resource Conservation and Development

For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use

[[Page S871]]

pursuant to the provisions of sections 31 and 32 of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat.
607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461), $50,000,000, to remain available
until expended: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $50,000 shall be available for employment
under 5 U.S.C. 3109.

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office of the Under Secretary for Rural Development

For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the
Rural Utilities Service of the Department of Agriculture,
$898,000.

Rural Community Advancement Program

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and
1932, except for sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act, $867,176,000, to remain
available until expended, of which $97,600,000 shall be for
rural community programs described in section 381E(d)(1) of
such Act; of which $682,814,000 shall be for the rural
utilities programs described in sections 381E(d)(2),
306C(a)(2), and 306D of such Act; and of which $86,762,000
shall be for the rural business and cooperative development
programs described in sections 381E(d)(3) and 310B(f) of such
Act: Provided, That of the total amount appropriated in this
account, $24,000,000 shall be for loans and grants to benefit
Federally Recognized Native American Tribes, including grants
for drinking water and waste disposal systems pursuant to
section 306C of such Act, of which $4,000,000 shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of the Consolidated Farm
and Rural Development Act, and of which $250,000 shall be
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
of the amount appropriated for rural community programs,
$10,000,000 shall be available for a Rural Community
Development Initiative: Provided further, That of the amount
appropriated for the Rural Community Development Initiative,
not less than $4,000,000 shall be available until expended to
carry out a demonstration program on Replicating and Creating
Rural Cooperative Home Based Health Care: Provided further,
That of the $4,000,000 made available, not less than
$1,500,000 shall be in the form of predevelopment planning
grants, not to exceed $50,000 each, with the balance for low-
interest revolving loans to be used for capital and other
related expenses, and made available to nonprofit based
community development organizations: Provided further, That
such organizations should demonstrate experience in the
administration of revolving loan programs and providing
technical assistance to cooperatives: Provided further, That
a minimum of one planning grant should be provided to a
minority sponsored entity with three years experience in
rural cooperative development: Provided further, That of
funds appropriated for the Rural Community Development
Initiative, $6,000,000 shall be used solely to develop the
capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds
from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That of the amount appropriated for the
rural business and cooperative development programs, not to
exceed $500,000 shall be made available for a grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development; and $2,000,000 shall be for grants to
Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
further, That of the amount appropriated for rural utilities
programs, not to exceed $20,000,000 shall be for water and
waste disposal systems to benefit the Colonias along the
United States/Mexico border, including grants pursuant to
section 306C of such Act; not to exceed $30,000,000 shall be
for water and waste disposal systems for rural and native
villages in Alaska pursuant to section 306D of such Act, with
up to 1 percent available to administer the program and up to
1 percent available to improve interagency coordination may
be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''; not to exceed
$19,200,000 shall be for technical assistance grants for
rural water and waste systems pursuant to section 306(a)(14)
of such Act, of which $5,775,000 shall be for Rural Community
Assistance Programs; and not to exceed $12,100,000 shall be
for contracting with qualified national organizations for a
circuit rider program to provide technical assistance for
rural water systems: Provided further, That of the total
amount appropriated, not to exceed $37,624,000 shall be
available through June 30, 2003, for authorized empowerment
zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones; of which $1,163,000 shall be for the rural
community programs described in section 381E(d)(1) of such
Act, of which $27,431,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of
which $9,030,000 shall be for the rural business and
cooperative development programs described in section
381E(d)(3) of such Act: Provided further, That of the amount
appropriated for rural community programs, not to exceed
$25,000,000 shall be to provide grants for facilities in
rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with 5 percent for
administration and capacity building in the State rural
development offices: Provided further, That of the amount
appropriated, $30,000,000 shall be transferred to and merged
with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of
the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any funds in the ``Rural Utilities
Service, High Energy Cost Grants Account'' and any remaining
funds specifically appropriated in fiscal year 2002 for rural
communities with extremely high energy costs under the Rural
Community Advancement Program shall be merged and transferred
into the Account: Provided further, That any funds in the
Account shall be used to provide grants authorized under
section 19 of that Act: Provided further, That of the funds
appropriated by this Act to the Rural Community Advancement
Program for guaranteed business and industry loans, funds may
be transferred to direct business and industry loans as
deemed necessary by the Secretary and with prior approval of
the Committees on Appropriations of both Houses of Congress.

Rural Development

Salaries and Expenses

(including transfers of funds)

For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $127,502,000:
Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 may be used for employment under 5 U.S.C. 3109:
Provided further, That not more than $10,000 may be expended
to provide modest nonmonetary awards to non-USDA employees:
Provided further, That any balances available from prior
years for the Rural Utilities Service, Rural Housing Service,
and the Rural Business-Cooperative Service salaries and
expenses accounts shall be transferred to and merged with
this appropriation.

Rural Housing Service

Rural Housing Insurance Fund Program Account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $3,755,162,000 for loans to
section 502 borrowers, as determined by the Secretary, of
which $1,005,162,000 shall be for direct loans, and of which
$2,750,000,000 shall be for unsubsidized guaranteed loans;
$35,000,000 for section 504 housing repair loans;
$120,000,000 for new construction, repair, rehabilitation,
and preservation of section 515 rental housing; $5,000,000
for section 524 site loans; $12,000,000 for credit sales of
acquired property, of which up to $2,000,000 may be for
multi-family credit sales; and $5,011,000 for section 523
self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $214,500,000, of which $194,700,000 shall be for
direct loans, and of which $19,800,000, to remain available
until expended, shall be for unsubsidized guaranteed loans;
section 504 housing repair loans, $10,857,000; section 515
rental housing, $55,956,000; section 524 site loans, $55,000;
multi-family credit sales of acquired property, $934,000; and
section 523 self-help housing land development loans,
$221,000: Provided, That of the total amount appropriated in
this paragraph, $11,656,000 shall be available through June
30, 2003, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $455,630,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.

Rental Assistance Program

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered

[[Page S872]]

into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $730,000,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of
the Act, to liquidate debt incurred prior to fiscal year 1992
to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That of this amount, not more
than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Act, and not to exceed $50,000 per
project for advances to nonprofit organizations or public
agencies to cover direct costs (other than purchase price)
incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during fiscal year 2003 shall be
funded for a 5-year period, although the life of any such
agreement may be extended to fully utilize amounts obligated.

Mutual and Self-Help Housing Grants

For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $35,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through
June 30, 2003, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones.

Rural Housing Assistance Grants

For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and 1490m, $47,498,000, to remain
available until expended: Provided, That of the total amount
appropriated, $1,200,000 shall be available through June 30,
2003, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.

Farm Labor Program Account

For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $34,615,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.

Rural Business-Cooperative Service

Rural Development Loan Fund Program Account

(including transfer of funds)

For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$40,000,000.
For the cost of direct loans, $19,304,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2003, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2003, for
Mississippi Delta Region counties (as defined by Public Law
100-460): 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 further, That
of the total amount appropriated, $2,730,000 shall be
available through June 30, 2003, for the cost of direct loans
for authorized empowerment zones and enterprise communities
and communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,290,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.

Rural Economic Development Loans Program Account

(including rescission of funds)

For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $14,967,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, $3,197,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 2003, as authorized by section 313 of
the Rural Electrification Act of 1936, $3,197,000 shall not
be obligated and $3,197,000 are rescinded.

Rural Cooperative Development Grants

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $9,000,000, of which
$2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $1,500,000 of the total amount
appropriated shall be made available to cooperatives or
associations of cooperatives whose primary focus is to
provide assistance to small, minority producers and whose
governing board and/or membership is comprised of at least 75
percent minority.

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

For grants in connection with a second round of empowerment
zones and enterprise communities, $14,967,000, to remain
available until expended, for designated rural empowerment
zones and rural enterprise communities, as authorized by the
Taxpayer Relief Act of 1997 and the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law
105-277).

Rural Utilities Service

Rural Electrification and Telecommunications Loans Program Account

(including transfer of funds)

Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$121,103,000; municipal rate rural electric loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,700,000,000; Treasury rate direct electric
loans, $1,150,000,000; 5 percent rural telecommunications
loans, $75,029,000; cost of money rural telecommunications
loans, $300,000,000; and loans made pursuant to section 306
of that Act, rural telecommunications loans, $120,000,000;
and for guaranteed underwriting loans pursuant to section
313A, $1,000,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936),
as follows: cost of rural electric loans, $11,025,000, and
the cost of telecommunication loans, $1,433,000: Provided,
That notwithstanding section 305(d)(2) of the Rural
Electrification Act of 1936, borrower interest rates may
exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,035,000
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.

Rural Telephone Bank Program Account

(including transfer of funds)

The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2003 and within the resources
and authority available, gross obligations for the principal
amount of direct loans shall be $174,615,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct loans authorized by the Rural
Electrification Act of 1936 (7 U.S.C. 935), $2,410,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,082,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.

Distance Learning and Telemedicine Program

For the principal amount of direct distance learning and
telemedicine loans, $50,000,000; and for the principal amount
of broadband telecommunication loans, $79,535,000.
For the cost of direct loans and grants, as authorized by 7
U.S.C. 950aaa et seq., $51,941,000, to remain available until
expended, to be available for loans and grants for
telemedicine and distance learning services in rural areas:
Provided, That $10,000,000 may be available for the
continuation of a project for a loan and grant program to
finance broadband transmission and local dial-up Internet
service in areas that meet the definition of ``rural area''
used for the Distance Learning and Telemedicine Program
authorized by 7 U.S.C. 950aaa: Provided further, That the
cost of direct loans shall be as defined in section 502 of
the Congressional Budget Act of 1974.

TITLE IV

DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $774,000.

Food and Nutrition Service

Child Nutrition Programs

(including transfer of funds)

For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $10,580,169,000, to remain
available through September 30, 2004, of which $5,834,506,000
is hereby appropriated and $4,745,663,000 shall be derived by
transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That of the funds
made available under this heading, $3,300,000 shall be for a
School Breakfast Program startup grant pilot program, of
which no less than $1,000,000 is for the State of Wisconsin:
Provided further, That $200,000 shall be for the Common Roots
Program: Provided further, That $500,000 shall be for the
Child Nutrition Archive Resource Center: Provided further,
That up to $5,080,000 shall be for independent verification
of school food service claims.

Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)

For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$4,751,000,000, to remain available through September 30,
2004, of which $125,000,000 shall be placed in reserve, to
remain available until expended,

[[Page S873]]

for use in only such amounts, and in such manner, as the
Secretary determines necessary, not withstanding section
17(i) of the Child Nutrition Act, to provide funds to support
participation, should costs or participation exceed budget
estimates: Provided, That of the total amount available, the
Secretary shall obligate $25,000,000 for the farmers' market
nutrition program within 45 days of the enactment of this
Act: Provided further, That notwithstanding section
17(h)(10)(A) of such Act, $14,000,000 shall be available for
the purposes specified in section 17(h)(10)(B): Provided
further, That $2,000,000 shall be available for the Food and
Nutrition Service to conduct a study of WIC vendor practices:
Provided further, That no other funds made available under
this heading shall be used for studies and evaluations:
Provided further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics
except those that have an announced policy of prohibiting
smoking within the space used to carry out the program:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.

Food Stamp Program

For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $26,289,692,000, of which
$2,000,000,000 shall be placed in reserve for use only in
such amounts and at such times as may become necessary to
carry out program operations: Provided, That of the funds
made available under this heading and not already
appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the
Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed
$4,000,000 shall be used to purchase bison meat for the FDPIR
from Native American bison producers as well as from
producer-owned cooperatives of bison ranchers: Provided
further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available until expended, as authorized by section 16(h)(1)
of the Food Stamp Act.

Commodity Assistance Program

For necessary expenses to carry out the commodity
supplemental food program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c note) and the Emergency Food Assistance Act of 1983,
$167,000,000, to remain available through September 30, 2004:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That of the total
amount available, the Secretary shall provide $5,000,000 for
senior farmers' market activities: Provided further, That at
the discretion of the States, any State may request that USDA
use a portion of its storage and distribution funds for the
Emergency Food Assistance Program to purchase additional
commodities for distribution within that State.

Food Donations Programs

For necessary expenses to carry out section 4(a) of the
Agriculture and Consumer Protection Act of 1973 and special
assistance for the nuclear affected islands as authorized by
section 103(h)(2) of the Compacts of Free Association Act of
1985, $1,081,000, to remain available through September 30,
2004.

Food Program Administration

For necessary administrative expenses of the domestic food
programs funded under this Act, $136,865,000, of which
$5,000,000 shall be available only for simplifying
procedures, reducing overhead costs, tightening regulations,
improving food stamp benefit delivery, and assisting in the
prevention, identification, and prosecution of fraud and
other violations of law and of which not less than
$11,000,000 shall be available to improve integrity in the
Food Stamp and Child Nutrition programs: Provided, That this
appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be
available for employment under 5 U.S.C. 3109.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service

Salaries and expenses

(including transfers of funds)

For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of
1954 (7 U.S.C. 1761-1769), market development activities
abroad, and for enabling the Secretary to coordinate and
integrate activities of the Department in connection with
foreign agricultural work, including not to exceed $158,000
for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$131,198,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed
pursuant to the agricultural food production assistance
programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
None of the funds in the foregoing paragraph shall be
available to promote the sale or export of tobacco or tobacco
products.

Public Law 480 Title I Program Account

(including transfers of funds)

For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954,
and the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $116,171,000,
to remain available until expended.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food
for Progress Act of 1985, to the extent funds appropriated
for Public Law 83-480 are utilized, $2,059,000, of which
$1,033,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries
and Expenses'', and of which $1,026,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.

Public Law 480 Title I Ocean Freight Differential Grants

(including transfer of funds)

For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the
Food for Progress Act of 1985, $25,159,000, to remain
available until expended: Provided, That funds made available
for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I
ocean freight differential may be used interchangeably
between the two accounts with prior notice to the Committees
on Appropriations of both Houses of Congress.

Public Law 480 Title II Grants

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, $1,185,000,000, to remain
available until expended for commodities supplied in
connection with dispositions abroad under title II of said
Act.

Commodity Credit Corporation Export Loans Program Account

(including transfers of funds)

For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $4,058,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $3,224,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $834,000 may
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Salaries and Expenses

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; and for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; $1,631,530,000, of which
not to exceed $222,900,000 to be derived from prescription
drug user fees authorized by 21 U.S.C. 379h, including any
such fees assessed prior to the current fiscal year but
credited during the current year, in accordance with section
736(g)(4), shall be credited to this appropriation and remain
available until expended; and of which not to exceed
$25,125,000 to be derived from device user fees authorized by
21 U.S.C. 379j shall be credited to this appropriation, to
remain available until expended: Provided, That fees derived
from applications received during fiscal year 2003 shall be
subject to the fiscal year 2003 limitation: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $412,404,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$426,232,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs, of which no less than $13,357,000 shall
be available for grants and contracts awarded under section 5
of the Orphan Drug Act (21 U.S.C. 360ee); (3)

[[Page S874]]

$199,117,000 shall be for the Center for Biologics Evaluation
and Research and for related field activities in the Office
of Regulatory Affairs; (4) $88,342,000 shall be for the
Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5)
$211,819,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $40,509,000 shall be for
the National Center for Toxicological Research; (7)
$36,914,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration;
(8) $108,269,000 shall be for payments to the General
Services Administration for rent and related costs; and (9)
$107,924,000 shall be for other activities, including the
Office of the Commissioner; the Office of Management and
Systems; the Office of the Senior Associate Commissioner; the
Office of International and Constituent Relations; the Office
of Policy, Legislation, and Planning; and central services
for these offices: Provided further, That funds may be
transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available
until expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.

Buildings and Facilities

For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $11,000,000, to remain available until
expended.

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles; the rental of
space (to include multiple year leases) in the District of
Columbia and elsewhere; and not to exceed $25,000 for
employment under 5 U.S.C. 3109, $93,985,000, including not to
exceed $2,000 for official reception and representation
expenses.

Farm Credit Administration

Limitation on Administrative Expenses

Not to exceed $38,404,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.

TITLE VII--GENERAL PROVISIONS

Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for fiscal year 2003 under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 374 passenger motor vehicles,
of which 372 shall be for replacement only, and for the hire
of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Not less than $1,500,000 of the appropriations of
the Department of Agriculture in this Act for research and
service work authorized by sections 1 and 10 of the Act of
June 29, 1935 (7 U.S.C. 427, 427i; commonly known as the
Bankhead-Jones Act), subtitle A of title II and section 302
of the Act of August 14, 1946 (7 U.S.C. 1621 et seq.), and
chapter 63 of title 31, United States Code, shall be
available for contracting in accordance with such Acts and
chapter.
Sec. 704. The Secretary of Agriculture may transfer
unobligated balances of funds appropriated by this Act or
other available unobligated balances of the Department of
Agriculture to the Working Capital Fund for the acquisition
of plant and capital equipment necessary for the delivery of
financial, administrative, and information technology
services of primary benefit to the agencies of the Department
of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred
to the Working Capital Fund without the prior approval of the
agency administrator: Provided further, That none of the
funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without the
prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 705. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
fruit fly program, emerging plant pests, integrated systems
acquisition project, boll weevil program, up to 25 percent of
the screwworm program, and up to $2,000,000 for costs
associated with collocating regional offices; Food Safety and
Inspection Service, field automation and information
management project; Cooperative State Research, Education,
and Extension Service, funds for competitive research grants
(7 U.S.C. 450i(b)), funds for the Research, Education and
Economics Information System (REEIS), and funds for the
Native American Institutions Endowment Fund; Farm Service
Agency, salaries and expenses funds made available to county
committees; Foreign Agricultural Service, middle-income
country training program and up to $2,000,000 of the Foreign
Agricultural Service appropriation solely for the purpose of
offsetting fluctuations in international currency exchange
rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall
be available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28,
1954 (7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such
space will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive
agricultural research, education, or extension grant awards
issued by the Cooperative State Research, Education, and
Extension Service that exceed 19 percent of total Federal
funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education,
and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section
9 of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
fiscal year 2003 shall remain available until expended to
cover obligations made in fiscal year 2003 for the following
accounts: the Rural Development Loan Fund program account,
the Rural Telephone Bank program account, the Rural
Electrification and Telecommunications Loans program account,
the Rural Housing Insurance Fund program, and the Rural
Economic Development Loans program account.
Sec. 713. Notwithstanding chapter 63 of title 31, United
States Code, marketing services of the Agricultural Marketing
Service; the Grain Inspection, Packers and Stockyards
Administration; the Animal and Plant Health Inspection
Service; and the food safety activities of the Food Safety
and Inspection Service may use cooperative agreements to
reflect a relationship between the Agricultural Marketing
Service; the Grain Inspection, Packers and Stockyards
Administration; the Animal and Plant Health Inspection
Service; or the Food Safety and Inspection Service and a
state or cooperator to carry out agricultural marketing
programs, to carry out programs to protect the nation's
animal and plant resources, or to carry out educational
programs or special studies to improve the safety of the
nation's food supply.
Sec. 714. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount
within the accounting records of the Rural Telephone Bank the
creation of which has not specifically been authorized by
statute: Provided, That notwithstanding any other provision
of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury
or to the Federal Financing Bank any unobligated balance of
the Rural Telephone Bank telephone liquidating account which
is in excess of current requirements and such balance shall
receive interest as set forth for financial accounts in
section 505(c) of the Federal Credit Reform Act of 1990.
Sec. 715. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 716. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 717. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act to any other agency or office of the Department for
more than 30 days unless the individual's employing agency or
office is fully

[[Page S875]]

reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 719. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without the prior
approval of the Committees on Appropriations of both Houses
of Congress.
Sec. 720. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2003, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Committees on Appropriations of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
fiscal year 2003, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Committees on Appropriations
of both Houses of Congress are notified 15 days in advance of
such reprogramming of funds.
(c) The Secretary of Agriculture shall notify the
Committees on Appropriations of both Houses of Congress
before implementing a program or activity not carried out
during the previous fiscal year unless the program or
activity is funded by this Act or specifically funded by any
other Act.
Sec. 721. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds
appropriated or otherwise made available by this or any other
Act may be used to pay the salaries and expenses of personnel
to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems
(7 U.S.C. 7621).
Sec. 722. None of the funds made available to the Food and
Drug Administration by this Act shall be used to reduce the
Detroit, Michigan, Food and Drug Administration District
Office below the operating and full-time equivalent staffing
level of July 31, 1999; or to change the Detroit District
Office to a station, residence post or similarly modified
office; or to reassign residence posts assigned to the
Detroit District Office: Provided, That this section shall
not apply to Food and Drug Administration field laboratory
facilities or operations currently located in Detroit,
Michigan, except that field laboratory personnel shall be
assigned to locations in the general vicinity of Detroit,
Michigan, pursuant to cooperative agreements between the Food
and Drug Administration and other laboratory facilities
associated with the State of Michigan.
Sec. 723. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2004
appropriations Act.
Sec. 724. None of the funds made available by this Act or
any other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 725. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities; and
(B) households in the communities, particularly individuals
caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities,
particularly individuals caring for orphaned children.
Sec. 726. In addition to amounts otherwise appropriated or
made available by this Act, $2,496,000 is appropriated for
the purpose of providing Bill Emerson and Mickey Leland
Hunger Fellowships, as authorized by section 4404 of Public
Law 107-71 (2 U.S.C. 1161).
Sec. 727. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such
Act as of the date of enactment of this Act, and any
recoveries and reimbursements that become available to carry
out title III of such Act, may be used to carry out title II
of such Act.
Sec. 728. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $5,000,000 for administrative costs
associated with the distribution of commodities.
Sec. 729. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri outside the city or county limits of St.
Louis, Missouri.
Sec. 730. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Act of March
3, 1933 (41 U.S.C. 10a-10c; popularly known as the ``Buy
American Act'').
Sec. 731. Section 17(a)(2)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is
amended by striking ``2002'' and inserting ``2003''.
Sec. 732. Notwithstanding any other provision of law, the
City of Dunkirk, New York, shall be eligible for grants and
loans provided through the Rural Community Advancement
Program.
Sec. 733. Notwithstanding any other provision of law, of
funds appropriated under the Rural Housing Assistance Grant
account, $4,000,000 shall be for demonstration housing grants
for agriculture processing workers in the State of Wisconsin.
Sec. 734. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance for projects in the
Embarras River Basin, Lake County Watersheds, and DuPage
County, Illinois, from funds made available for Watershed and
Flood Prevention Operations by Public Law 107-76.
Sec. 735. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 736. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance through the Watershed and
Flood Prevention Operations program to carry out the Upper
Tygart Valley Watershed project, West Virginia: Provided,
That the Natural Resources Conservation Service is authorized
to provide 100 percent of the engineering assistance and 75
percent cost share for installation of the water supply
component of this project.
Sec. 737. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices
in the resolution of complaints by employees or applicants
for employment, and in cases and other matters pending before
the Equal Employment Opportunity Commission, the Federal
Labor Relations Authority, or the Merit Systems Protection
Board with the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 738. None of the funds appropriated or made available
by this Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 739. None of the funds appropriated or made available
by this Act, or any other Act, may be used to pay the
salaries and expenses of personnel to carry out subtitle I of
the

[[Page S876]]

Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
Sec. 740. None of the funds appropriated or made available
by this Act may be used to pay the salaries and expenses of
personnel to carry out section 6405 of Public Law 107-171 (7
U.S.C. 2655).
Sec. 741. None of the funds appropriated or made available
by this Act may be used to pay the salaries and expenses of
personnel to carry out section 9010 of Public Law 107-171
that exceed $50,000,000 (7 U.S.C. 8108).
Sec. 742. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Kuhn Bayou (Point
Remove) project in Arkansas.
Sec. 743. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Matanuska River erosion
control project in Alaska.
Sec. 744. Food for Progress. The Food for Progress Act of
1985 (7 U.S.C. 1736o) is amended--
(1) in subsections (c) and (g), by striking ``may'' each
place it appears and inserting ``shall''; and
(2) by adding at the end the following:
``(o) Private Voluntary Organizations and Other Private
Entities.--In entering into agreements described in
subsection (c), the President (acting through the
Secretary)--
``(1) shall enter into agreements with eligible entities
described in subparagraphs (C) and (F) of subsection (b)(5);
and
``(2) shall not discriminate against such eligible
entities.''.
Sec. 745. Of the unobligated balances of funds made
available under the Cooperative State Research, Education,
and Extension Service, Buildings and Facilities appropriation
in Public Law 104-180, $795,400 are hereby rescinded.
Sec. 746. None of the funds made available in fiscal year
2003 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
[7 U.S.C. 1691 et seq.] in excess of $20,000,000 shall be
used to reimburse the Commodity Credit Corporation for the
release of eligible commodities under section 302(f)(2)(A) of
the Bill Emerson Humanitarian Trust Act [7 U.S.C. 1736f-1]:
Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to
section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian
Trust Act.
Sec. 747. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance to the Dry Creek/Neff's Grove
project, Utah, and the Jefferson River Watershed, Montana.
Sec. 748. Section 307 of Title III--Denali Commission of
Division C--Other Matters of Public Law 105-277, as amended,
is further amended by adding a new subsection at the end
thereof as follows:
``(d) Solid Waste.--The Secretary of Agriculture is
authorized to make direct lump sum payments to the Denali
Commission to address deficiencies in solid waste disposal
sites which threaten to contaminate rural drinking water
supplies.''.
Sec. 749. The $5,000,000 of unobligated balances available
at the beginning of fiscal year 2003 for the experimental
Rural Clean Water Program authorized under the headings
``Agricultural Stabilization and Conservation Service--Rural
Clean Water Program'' in Public Law 96-108 (93 Stat. 835) and
Public Law 96-528 (95 Stat. 3111) are hereby rescinded.
Sec. 750. The Secretary of Agriculture is authorized to
make loans and grants to expand the state of Alaska's dairy
industry and related milk processing and packaging
facilities. There is authorized to be appropriated $5,000,000
to carry out this section for each fiscal years 2003 through
2007.
Sec. 751. Up to $2,000,000 of the funds made available to
the Food and Nutrition Service for studies and evaluations
may be transferred to and merged with the appropriation for
the Economic Research Service, to conduct studies and
evaluations on behalf of the Food and Nutrition Service.
Sec. 752. The Secretary, if presented with a complete and
fully compliant application, including an approved third
party to hold the development easement, to protect the 33.8
acre farm formerly operated by American Airlines Captain John
Ogonowski from development through the Farmland Protection
Program, shall waive the matching fund requirements of the
program, if necessary. Farmland Protection Program funds
provided shall not exceed the appraised fair market value of
the land, as determined consistent with program requirements.
Any additional funding provided to carry out this project
shall not come at the expense of an allocation to any other
State.
Sec. 753. The Secretary of Agriculture is authorized to
permit employees of the United States Department of
Agriculture to carry and use firearms for personal protection
while conducting field work in remote locations in the
performance of their official duties.
Sec. 754. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
Agricultural Trade Act of 1978, as amended by Public Law 104-
127, not more than $28,000,000 shall be available in fiscal
year 2003.
Sec. 755. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C.
940c(c) and (e)(2)) in implementing section 313A of that Act,
the Secretary shall, with the consent of the lender,
structure the schedule for payment of the annual fee, not to
exceed an average of 30 basis points per year for the term of
the loan, to ensure that sufficient funds are available to
pay the subsidy costs for note guarantees under that section.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2003''.

DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003

Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, and for other purposes, namely:

TITLE I--DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the
Department of Justice, $99,696,000, of which not to exceed
$3,137,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$8,625,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2002: Provided further, That not to
exceed 31 permanent positions, 33 full-time equivalent
workyears and $3,225,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 15
permanent positions, 20 full-time equivalent workyears and
$1,848,000 shall be expended for the Office of Public
Affairs: Provided further, That the Offices of Legislative
and Public Affairs may utilize non-reimbursable details of
career employees within the caps described in the preceding
two provisos: Provided further, That the Attorney General is
authorized to transfer, under such terms and conditions as
the Attorney General shall specify, forfeited real or
personal property of limited or marginal value, as such value
is determined by guidelines established by the Attorney
General, to a State or local government agency, or its
designated contractor or transferee, for use to support drug
abuse treatment, drug and crime prevention and education,
housing, job skills, and other community-based public health
and safety programs: Provided further, That any transfer
under the preceding proviso shall not create or confer any
private right of action in any person against the United
States, and shall be treated as a reprogramming under section
605 of this Act.

anti-terrorism task forces

For expenses necessary for Anti-Terrorism Task Forces,
including salaries and expenses, operations, equipment, and
facilities, $63,700,000, notwithstanding any other provision
of law.

joint terrorism task forces

For expenses necessary for Joint Terrorism Task Forces,
including salaries and expenses, operations, equipment, and
facilities, $158,547,000, notwithstanding any other provision
of law.

foreign terrorist tracking task force

For expenses necessary for the Foreign Terrorist Tracking
Task Force, including salaries and expenses, operations,
equipment, and facilities, $62,000,000, notwithstanding any
other provision of law.

joint automated booking system

For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $15,973,000,
notwithstanding any other provision of law, to remain
available until expended.

AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED AUTOMATED
IDENTIFICATION SYSTEM INTEGRATION

For expenses necessary for the planning, development, and
deployment of an integrated fingerprint identification
system, including automated capability to transmit
fingerprint and image data, $9,000,000, to remain available
until expended.

CHIMERA

For expenses necessary for the design, development, test,
and deployment of a standards-based, integrated,
interoperable computer system for the Immigration and
Naturalization Service, as authorized, to be managed by
Justice Management Division, $83,400,000, to remain available
until expended.

legal activities office automation

For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office
automation systems for the organizations funded under the
headings ``Salaries and Expenses, General Legal Activities'',
and ``General Administration, Salaries and Expenses'', and
the United States Attorneys, the United States Marshals
Service, the Antitrust Division, the

[[Page S877]]

United States Trustee Program, the Executive Office for
Immigration Review, the Community Relations Service, the
Bureau of Prisons, and the Office of Justice Programs,
$77,127,000, notwithstanding any other provision of law, to
remain available until expended.

narrowband communications

For the expenses necessary to convert to narrowband
communications, including for operation and maintenance of
Land Mobile Radio legacy systems, $149,254,000, to remain
available until expended.

Administrative Review and Appeals

For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$180,466,000.

Detention Trustee

For necessary expenses of the Federal Detention Trustee who
shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States
Marshals Service; and the detention of aliens in the custody
of the Immigration and Naturalization Service,
$1,385,966,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing detention
personnel and the Justice Prisoner and Alien Transportation
System and for overseeing construction of detention
facilities or for housing related to such detention; the
management of funds appropriated to the Department for the
exercise of any detention functions; and the direction of the
United States Marshals Service and Immigration and
Naturalization Service with respect to the exercise of
detention policy setting and operations for the Department.

Office of Inspector General

For necessary expenses of the Office of Inspector General,
$54,825,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
for the acquisition, lease, maintenance, and operation of
motor vehicles, without regard to the general purchase price
limitation for the current fiscal year.

United States Parole Commission

Salaries and Expenses

For necessary expenses of the United States Parole
Commission, $10,114,000.

Legal Activities

Salaries and Expenses, General Legal Activities

For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $537,502,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended, and of which not less than $1,996,000 shall be
available for necessary administrative expenses in accordance
with the Radiation Exposure Compensation Act: Provided, That
of the total amount appropriated, not to exceed $1,000 shall
be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding any other provision of
law, upon a determination by the Attorney General that
emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.

salaries and expenses, antitrust division

For expenses necessary for the enforcement of antitrust and
kindred laws, $133,133,000: Provided, That, notwithstanding
any other provision of law, not to exceed $133,133,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a),
regardless of the year of collection, shall be retained and
used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2003, so as to result in a final fiscal year 2003
appropriation from the general fund estimated at not more
than $0.

Salaries and Expenses, United States Attorneys

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,320,160,000; of which not to exceed $2,500,000
shall be available until September 30, 2004, for: (1)
training personnel in debt collection; (2) locating debtors
and their property; (3) paying the net costs of selling
property; and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated,
not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $10,000,000 of those funds available for
automated litigation support contracts shall remain available
until expended: Provided further, That not to exceed
$2,500,000 for the operation of the National Advocacy Center
shall remain available until expended: Provided further,
That, in addition to reimbursable full-time equivalent
workyears available to the Offices of the United States
Attorneys, not to exceed 9,571 positions and 9,776 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys:
Provided further, That the fourth proviso under the heading
``Salaries and Expenses, United States Attorneys'' in title I
of H.R. 3421 of the 106th Congress, as enacted by section
1000(a)(1) of Public Law 106-113 shall apply to amounts made
available under this heading for fiscal year 2003: Provided
further, That of the total amount appropriated, $20,000,000
shall be for the Anti-terrorism Task Forces to coordinate
Port Security pilot projects in Norfolk, Virginia,
Charleston, South Carolina, New Orleans, Louisiana, and Long
Beach, California, and for the costs of reimbursable details,
overtime for State and local law enforcement personnel,
equipment, facilities, and other associated operational
costs.

United States Trustee System Fund

For necessary expenses of the United States Trustee
Program, as authorized, $150,381,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That, notwithstanding any
other provision of law, deposits to the Fund shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, $150,381,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained
and used for necessary expenses in this appropriation and
remain available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced as
such offsetting collections are received during fiscal year
2003, so as to result in a final fiscal year 2003
appropriation from the Fund estimated at $0.

Salaries and Expenses, Foreign Claims Settlement Commission

For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, $1,136,000.

Salaries and Expenses, United States Marshals Service

For necessary expenses of the United States Marshals
Service, including the acquisition, lease, maintenance, and
operation of vehicles, and the purchase of passenger motor
vehicles for police-type use, without regard to the general
purchase price limitation for the current fiscal year,
$661,085,000, of which not to exceed $6,000 shall be
available for official reception and representation expenses,
and of which not to exceed $4,000,000 shall remain available
until expended for development, implementation, maintenance
and support, and training for an automated prisoner
information system.
In addition, for the costs of courthouse security
equipment, including furnishings, relocations, and telephone
systems and cabling, $12,061,000, to remain available until
expended.

Construction

For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding
space in United States courthouses and Federal buildings,
including the renovation and expansion of prisoner movement
areas, elevators, and sallyports, $17,378,000,
notwithstanding any other provision of law, to remain
available until expended.

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM

For necessary expenses to procure four modern, fuel
efficient, wide body replacement aircraft and spares,
$77,694,000, notwithstanding any other provision of law, to
remain available until expended.

Fees and Expenses of Witnesses

For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $156,145,000, to
remain available until expended; of which not to exceed
$6,000,000 may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $5,000,000
may be made available for the purchase, installation, and
maintenance of secure telecommunications equipment and a
secure automated information network to store and retrieve
the identities and locations of protected witnesses.

[[Page S878]]

Salaries and Expenses, Community Relations Service

For necessary expenses of the Community Relations Service,
$9,474,000.

assets forfeiture fund

For authorized expenses, $22,949,000, to be derived from
the Department of Justice Assets Forfeiture Fund.

Interagency Law Enforcement

Interagency Crime and Drug Enforcement

For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $400,102,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation: Provided further, That any
unobligated balances remaining available at the end of the
fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures set
forth in section 605 of this Act.

Federal Bureau of Investigation

Salaries and Expenses

For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 1,576 passenger motor
vehicles, of which 1,085 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $3,927,587,000; of
which not to exceed $65,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 2004; of which
$475,300,000 shall be for counterterrorism investigations,
foreign counterintelligence, and other activities related to
our national security; of which not to exceed $10,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to violent
crime, terrorism, organized crime, and drug investigations:
Provided, That not to exceed $45,000 shall be available for
official reception and representation expenses: Provided
further, That funds provided under this heading shall be
distributed in the manner described in the following table:

Decision unit                                            Amount
Counterterrorism...........................................$577,846,000
National Security...........................................644,483,000
Cyber-investigations........................................155,189,000
Criminal Enterprises and Federal Crimes...................1,412,309,000
Forensic and Technical Services.............................494,499,000
Field Support...............................................224,876,000
Training and Education......................................111,831,000
Criminal Justice Services..................................306,554,000.

Construction

For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $1,250,000, to remain
available until expended.

Drug Enforcement Administration

Salaries and Expenses

For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,374 passenger motor vehicles, of which 1,354 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft, $1,477,470,000: Provided, That, in addition to
reimbursable full-time equivalent workyears available to the
Drug Enforcement Administration, not to exceed 7,654
positions and 7,515 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the
Drug Enforcement Administration.

Immigration and Naturalization Service

Salaries and Expenses

For expenses necessary for the administration and
enforcement of the laws relating to immigration,
naturalization, and alien registration, $3,076,509,000.

Construction

For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $267,138,000, to remain available
until expended.

Federal Prison System

Salaries and Expenses

For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 713, of which
504 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments, $4,068,237,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a
fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain
available for necessary operations until September 30, 2004:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses or other custodial facilities: Provided
further, That funds provided under this heading shall be
distributed in the manner described in the following table:

Decision unit                                            Amount
Inmate Care and Programs.................................$1,462,490,000
Institution Security and Administration...................1,879,256,000
Contract Confinement........................................571,077,000
Management and Administration..............................155,414,000.

Buildings and Facilities

For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $470,221,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation.

Federal Prison Industries, Incorporated

The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.

Limitation on Administrative Expenses, Federal Prison Industries,
Incorporated

Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.

Office of Justice Programs

Justice Assistance

For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968 Act''),
and the Missing Children's Assistance Act, as amended,
including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended,
$194,057,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by Public
Law 102-534 (106 Stat. 3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and for

[[Page S879]]

other counterterrorism programs, notwithstanding any other
provision of law, $2,038,000,000, to remain available until
expended.

State and Local Law Enforcement Assistance

For assistance authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $1,368,415,000 (including amounts for administrative
costs, which shall be transferred to and merged with the
``Justice Assistance'' account), to remain available until
expended as follows:
(1) $400,000,000 for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act and retroactive to October 1, 2000, Guam
shall be considered as one ``State'' for all purposes under
H.R. 728, notwithstanding any provision of section 108(3)
thereof: Provided, That no funds provided under this heading
may be used as matching funds for any other Federal grant
program, of which:
(A) $90,000,000 shall be for Boys and Girls Clubs in public
housing facilities and other areas in cooperation with State
and local law enforcement: Provided, That funds may also be
used to defray the costs of indemnification insurance for law
enforcement officers;
(B) $20,000,000 shall be available for grants, contracts,
and other assistance to carry out section 102(c) of H.R. 728;
(2) $20,000,000 for the Cooperative Agreement Program;
(3) $48,000,000 for assistance to Indian tribes, of which:
(A) $35,000,000 shall be available for grants under section
20109(a)(2) of subtitle A of title II of the 1994 Act;
(B) $8,000,000 shall be available for the Tribal Courts
Initiative; and
(C) $5,000,000 shall be available for demonstration grants
on alcohol and crime in Indian Country;
(4) $134,700,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section
511 of said Act, of which $134,700,000 shall be for
discretionary grants under the Edward Byrne Memorial State
and Local Law Enforcement Assistance Programs;
(5) $12,000,000 for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act;
(6) $2,300,000 for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act;
(7) $1,000,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(8) $184,765,000 for Grants to Combat Violence Against
Women, as authorized by section 1001(a)(18) of the 1968 Act,
of which:
(A) $1,000,000 shall be for the Bureau of Justice
Statistics for grants, contracts, and other assistance for a
domestic violence Federal case processing study;
(B) $5,200,000 shall be for the National Institute of
Justice for grants, contracts, and other assistance for
research and evaluation of violence against women;
(C) $10,000,000 shall be for the Office of Juvenile Justice
and Delinquency Prevention for the Safe Start Program, to be
administered as authorized by part C of the Juvenile Justice
and Delinquency Act of 1974, as amended;
(9) $65,000,000 for Grants to Encourage Arrest Policies, as
authorized by section 1001(a)(19) of the 1968 Act;
(10) $40,000,000 for Rural Domestic Violence and Child
Abuse Enforcement Assistance Grants, as authorized by section
40295 of the 1994 Act;
(11) $5,000,000 for training programs, as authorized by
section 40152(c) of the 1994 Act, and for local demonstration
projects;
(12) $3,000,000 for grants to improve the process for
entering data regarding stalking and domestic violence into
local, State, and national crime information databases, as
authorized by section 40602 of the 1994 Act;
(13) $10,000,000 for grants to reduce Violent Crimes
Against Women on Campus, as authorized by section 1108(a) of
Public Law 106-386;
(14) $40,000,000 for Legal Assistance for Victims, as
authorized by section 1201 of Public Law 106-386;
(15) $5,000,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault as
authorized by section 40801 of the 1994 Act;
(16) $15,000,000 for the Safe Havens for Children Pilot
Program as authorized by section 1301 of Public Law 106-386;
(17) $7,500,000 for Education and Training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of Public Law 106-386;
(18) $70,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act;
(19) $900,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(20) $50,000,000 for Drug Courts, as authorized by title I,
part EE of the 1968 Act;
(21) $1,500,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968
Act;
(22) $2,000,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(23) $249,450,000 for Juvenile Accountability Incentive
Block Grants.
(24) $1,300,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994 Act:

Provided, That funds made available in fiscal year 2003 under
subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation
processing of death penalty Federal habeas corpus petitions
and for drug testing initiatives: Provided further, That, if
a unit of local government uses any of the funds made
available under this title to increase the number of law
enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.

Weed and Seed Program Fund

For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $58,925,000,
to remain available until expended, for inter-governmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies,
non-profit organizations, and agencies of local government
engaged in the investigation and prosecution of violent
crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other
Federal agencies which shall be specified by the Attorney
General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language
for other Department of Justice appropriation accounts for
``Weed and Seed'' program activities shall be managed and
executed by the Attorney General through the Executive Office
for Weed and Seed: Provided further, That the Attorney
General may direct the use of other Department of Justice
funds and personnel in support of ``Weed and Seed'' program
activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.

Community Oriented Policing Services

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,120,228,000, to
remain available until expended: Provided, That prior year
balances available in this program shall be used for the
direct hiring of law enforcement officers through the
Universal Hiring Program: Provided further, That section 1703
(b) and (c) of the 1968 Act shall not apply to non-hiring
grants made pursuant to part Q of title I thereof (42 U.S.C.
3796dd et seq.): Provided further, That all prior year
balances derived from the Violent Crime Trust Fund for
Community Oriented Policing Services may be transferred into
this appropriation: Provided further, That the officer
redeployment demonstration described in section 1701(b)(1)(C)
shall not apply to equipment, technology, support system or
overtime grants made pursuant to part Q of title I thereof
(42 U.S.C. 3796dd et seq.).
Of the amounts provided:
(1) for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, $492,000,000 as follows:
$330,000,000 for the hiring of law enforcement officers,
including up to $180,000,000 for school resource officers;
$10,000,000 for training school resource officers on issues
related to terrorism; $21,000,000 for training and technical
assistance; $26,000,000 for the matching grant program for
Law Enforcement Armor Vests pursuant to section 2501 of part
Y of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended (``the 1968 Act''); $40,000,000 to improve tribal
law enforcement including equipment and training; $50,000,000
for policing initiatives to combat methamphetamine production
and trafficking and to enhance policing initiatives in ``drug
hot spots''; and $15,000,000 for Police Corps education,
training, and service under sections 200101-200113 of the
1994 Act;
(2) for crime technology, $426,215,000 as follows:
$158,815,000 for a law enforcement technology program;
$100,000,000 for the COPS Interoperable Communications
Technology Program; $35,000,000 for grants to upgrade
criminal records, as authorized under the Crime
Identification Technology Act of 1998 (42 U.S.C. 14601);
$40,000,000 for DNA analysis and backlog reduction of which
$35,000,000 shall be used as authorized by the DNA Analysis
Backlog Elimination Act of 2000 (Public Law 106-546) and of
which $5,000,000 shall be available for Paul Coverdell
Forensic Sciences Improvement Grants under part BB of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797j et seq.); $40,000,000 for State and local DNA
laboratories as authorized by section 1001(a)(22) of the 1968
Act, and improvements to forensic laboratory general forensic
science capacity and capabilities; and $45,000,000 for
grants, contracts and other assistance to States under
section 102(b) of the Crime Identification Technology Act of
1998 (42 U.S.C. 14601), of which $17,000,000 is for the
National Institute of Justice for grants, contracts, and
other agreements to develop school safety technologies and
training;
(3) for prosecution assistance, $100,000,000 as follows:
$50,000,000 for a national program

[[Page S880]]

to reduce gun violence, and $50,000,000 for the Southwest
Border Prosecutor Initiative to reimburse State, county,
parish, tribal, or municipal governments only for Federal
costs associated with the prosecution of criminal cases
declined by local U.S. Attorneys offices;
(4) for grants, training, technical assistance, and other
expenses to support community crime prevention efforts,
$67,013,000 as follows: $15,000,000 for Project Sentry;
$15,000,000 for an offender re-entry program; $20,013,000 for
the Safe Schools Initiative; and $17,000,000 for a police
integrity program; and
(5) not to exceed $35,000,000 for program management and
administration.

Juvenile Justice Programs

For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended (``the Act''), including
salaries and expenses in connection therewith to be
transferred to and merged with the appropriations for Justice
Assistance, $315,425,000, to remain available until expended,
as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law
102-586, of which: (1) notwithstanding any other provision of
law, $7,112,000 shall be available for expenses authorized by
part A of title II of the Act, $88,800,000 shall be available
for expenses authorized by part B of title II of the Act, and
$75,513,000 shall be available for expenses authorized by
part C of title II of the Act: Provided, That $26,442,000 of
the amounts provided for part B of title II of the Act, as
amended, is for the purpose of providing additional formula
grants under part B to States that provide assurances to the
Administrator that the State has in effect (or will have in
effect no later than 1 year after date of application)
policies and programs that ensure that juveniles are subject
to accountability-based sanctions for every act for which
they are adjudicated delinquent; (2) $12,000,000 shall be
available for expenses authorized by sections 281 and 282 of
part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $10,000,000 shall be
available for expenses authorized by section 285 of part E of
title II of the Act; (4) $16,000,000 shall be available for
expenses authorized by part G of title II of the Act for
juvenile mentoring programs; and (5) $95,000,000 shall be
available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs;
of which $12,500,000 shall be for delinquency prevention,
control, and system improvement programs for tribal youth; of
which $15,000,000 shall be available for the Safe Schools
Initiative including $5,000,000 for grants, contracts, and
other assistance under the Project Sentry Initiative; and of
which $25,000,000 shall be available for grants of $360,000
to each State and $6,640,000 shall be available for
discretionary grants to States, for programs and activities
to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, prevention and reduction of
consumption of alcoholic beverages by minors, and for
technical assistance and training: Provided further, That of
amounts made available under the Juvenile Justice Programs of
the Office of Justice Programs to carry out part B (relating
to Federal Assistance for State and Local Programs), subpart
II of part C (relating to Special Emphasis Prevention and
Treatment Programs), part D (relating to Gang-Free Schools
and Communities and Community-Based Gang Intervention), part
E (relating to State Challenge Activities), and part G
(relating to Mentoring) of title II of the Juvenile Justice
and Delinquency Prevention Act of 1974, and to carry out the
At-Risk Children's Program under title V of that Act, not
more than 10 percent of each such amount may be used for
research, evaluation, and statistics activities designed to
benefit the programs or activities authorized under the
appropriate part or title, and not more than 2 percent of
each such amount may be used for training and technical
assistance activities designed to benefit the programs or
activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $11,000,000, to remain available
until expended, as authorized by section 214B of the Act.

election reform grant program

For an amount to establish the Election Reform Grant
Program, to provide assistance to States and localities in
improving election technology and the administration of
Federal elections, $50,000,000: Provided, That,
notwithstanding any other provision of law, in the awarding
of grants pursuant to Public Law 107-252, priority shall be
given to districts where greater than 50 percent of
registered voters are Federally-recognized racial or ethnic
minorities and disabled persons.

Public Safety Officers Benefits

To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums
as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); and $4,000,000, to remain
available until expended for payments as authorized by
section 1201(b) of said Act.

General Provisions--Department of Justice

Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $60,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. (a) Notwithstanding any other provision of law,
not to exceed $10,000,000 of the funds made available in this
Act may be used to establish and publicize a program under
which publicly advertised, extraordinary rewards may be paid,
which shall not be subject to spending limitations contained
in sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a
maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such
approval may not be delegated: Provided further, That rewards
made pursuant to section 501 of Public Law 107-56 shall not
be subject to this section.
(b) Notwithstanding any other provision of law, payments
made during fiscal year 2003 resulting from Doe v. United
States [docket #98-896C], before the Court of Federal Claims,
shall only be paid from appropriations made available under
the headings ``Salaries and Expenses, General Legal
Activities'' and ``Salaries and Expenses, United States
Attorneys'' in title I of this Act.
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 104. Notwithstanding any other provision of law,
$1,000,000 shall be available for technical assistance from
the funds appropriated for part G of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended.
Sec. 105. The Immigration and Nationality Act of 1953 is
amended--
(1) in section 344(c) (8 U.S.C. 1455(c)), by replacing
``All'' with ``Except as provided by section 286(q)(2) or any
other law, all''; and
(2) in section 286(q)(2) (8 U.S.C. 1356(q)(2)), by
inserting ``, including receipts for services performed in
processing forms I-94, I-94W, and I-68, and other similar
applications processed at land border ports of entry,'' after
``subsection''.
Sec. 106. In instances where the Attorney General
determines that law enforcement-, security-, or mission-
related considerations mitigate against obtaining maintenance
or repair services from private sector entities for equipment
under warranty, the Attorney General is authorized to seek
reimbursement from such entities for warranty work performed
at Department of Justice facilities and, notwithstanding any
other provision of law, to credit any payment made for such
work to any appropriation charged therefore.
Sec. 107. Public Law 107-273 is amended--
(1) in section 12222(b), strike ``on October 1, 2002'' and
insert in lieu thereof the following: ``on the effective date
provided in section 12102(b)'';
(2) in section 12223(a), strike ``on the date of the
enactment of this Act'' and insert in lieu thereof the
following: ``on the effective date provided in section
12102(b)'';
(3) in section 12223(b), by replacing ``Act'' with
``subtitle'', and all the matter after ``beginning'' with
``on or after the effective date provided in subsection
(a).''.
Sec. 108. The law enforcement training facility described
in section 8150 of Public Law 107-248 is hereby established
as a permanent training facility.
Sec. 109. Notwithstanding any other provision of law, in
fiscal year 2003 and thereafter the Attorney General shall
transfer to the ``Narrowband Communications'' account all
funds made available to the Department of Justice for the
purchase of portable and mobile radios: Provided, That the
Attorney General shall notify the Committees on
Appropriations of the Senate and House of Representatives of
any transfers made under this section.
This title may be cited as the ``Department of Justice
Appropriations Act, 2003''.

TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

Trade and Infrastructure Development

RELATED AGENCIES

Office of the United States Trade Representative

Salaries and Expenses

For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $33,000,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses.

International Trade Commission

Salaries and Expenses

For necessary expenses of the International Trade
Commission, including hire

[[Page S881]]

of passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $54,600,000, to remain available
until expended.

DEPARTMENT OF COMMERCE

International Trade Administration

Operations and Administration

For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to 49 U.S.C. 1517; employment of Americans and
aliens by contract for services; rental of space abroad for
periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $30,000 per vehicle;
obtaining insurance on official motor vehicles; and rental of
tie lines, $353,242,000, to remain available until expended,
of which $3,000,000 is to be derived from fees to be retained
and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That $68,083,000
shall be for Trade Development, $28,197,000 shall be for
Market Access and Compliance, $44,006,000 shall be for the
Import Administration, $199,631,000 shall be for the United
States and Foreign Commercial Service, and $13,325,000 shall
be for Executive Direction and Administration: Provided
further, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for
the purpose of this Act, contributions under the provisions
of the Mutual Educational and Cultural Exchange Act shall
include payment for assessments for services provided as part
of these activities.

Bureau of Industry and Security

Operations and Administration

For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$100,198,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments: Provided further, That all programs and
activities under this heading related to industry development
shall be transferred to and merged with relevant programs and
activities under the heading ``International Trade
Administration, Operations and Administration''.

Economic Development Administration

Economic Development Assistance Programs

For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, and for trade adjustment assistance, $257,886,000,
to remain available until expended.

Salaries and Expenses

For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,765,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.

Minority Business Development Agency

Minority Business Development

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$28,906,000.

Economic and Information Infrastructure

Economic and Statistical Analysis

Salaries and Expenses

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $72,158,000, to remain available until September
30, 2004.

Bureau of the Census

Salaries and Expenses

For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $173,223,000.

Periodic Censuses and Programs

For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$385,696,000, to remain available until expended.

National Telecommunications and Information Administration

Salaries and Expenses

For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $14,352,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide any
spectrum functions pursuant to the National
Telecommunications and Information Administration
Organization Act, 47 U.S.C. 902-903, to any Federal entity
without reimbursement as required by NTIA for such spectrum
management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.

Public Telecommunications Facilities, Planning and Construction

For grants authorized by section 392 of the Communications
Act of 1934, as amended, $43,616,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $2,478,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.

Information Infrastructure Grants

For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,560,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,097,000 shall be
available for program administration and other support
activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That, notwithstanding the requirements of sections 392(a) and
392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the
provision of educational, cultural, health care, public
information, public safety, or other social services:
Provided further, That, notwithstanding any other provision
of law, no entity that receives telecommunications services
at preferential rates under section 254(h) of the Act (47
U.S.C. 254(h)) or receives assistance under the regional
information sharing systems grant program of the Department
of Justice under part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may
use funds under a grant under this heading to cover any costs
of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be.

United States Patent and Trademark Office

salaries and expenses

For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office, $1,038,800,000, to remain
available until expended, which amount shall be derived from
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained
and used for necessary expenses in

[[Page S882]]

this appropriation: Provided, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2003,
so as to result in a fiscal year 2003 appropriation from the
general fund estimated at $0: Provided further, That during
fiscal year 2003, should the total amount of offsetting fee
collections be less than $1,038,800,000, the total amounts
available to the United States Patent and Trademark Office
shall be reduced accordingly: Provided further, That an
additional amount not to exceed $166,771,000 from fees
collected in prior fiscal years shall be available for
obligation in fiscal year 2003, to remain available until
expended: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in
fiscal year 2003 for official reception and representation
expenses.

Science and Technology

Technology Administration

salaries and expenses

For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $7,886,000.

National Institute of Standards and Technology

Scientific and Technical Research and Services

For necessary expenses of the National Institute of
Standards and Technology, $363,433,000, to remain available
until expended, of which not to exceed $282,000 may be
transferred to the ``Working Capital Fund''.

industrial technology services

For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $106,623,000, to remain available until expended:
Provided, That hereafter the Secretary of Commerce is
authorized to enter into agreements with one or more
nonprofit organizations for the purpose of carrying out
collective research and development initiatives pertaining to
15 U.S.C. 278k paragraph (a), and is authorized to seek and
accept contributions from public and private sources to
support these efforts as necessary.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $185,353,000, to remain available until expended,
of which $60,700,000 shall be expended for the award of new
grants before October 1, 2003.

Construction of Research Facilities

For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $65,460,000, to remain available until
expended.

National Oceanic and Atmospheric Administration

Operations, Research, and Facilities

(including transfer of funds)

For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft;
grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities as authorized, $2,349,301,000: Provided, That fees
and donations received by the National Ocean Service for the
management of the national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That the Secretary of Commerce will designate a National
Marine Fisheries Service Regional Office for the Pacific Area
within sixty days of enactment of this Act: Provided further,
That the Regional Administrator of the regional office for
the Pacific Area, who shall be hired within sixty days of
enactment of this Act, shall be a current employee of the
Pacific Island Area Office and shall be an employee at the
grade of GS-14 promotable to the grade of GS-15: Provided
further, That, in addition, $55,000,000 shall be derived by
transfer from the fund entitled ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'':
Provided further, That in addition to the amounts provided,
$3,000,000 shall be derived by transfer from the fund
entitled, ``Coastal Zone Management'': Provided further, That
grants to States pursuant to sections 306 and 306A of the
Coastal Zone Management Act of 1972, as amended, shall not
exceed $2,000,000, unless funds provided for ``Coastal Zone
Management Grants'' exceed funds provided in the previous
fiscal year: Provided further, That if funds provided for
``Coastal Zone Management Grants'' exceed funds provided in
the previous fiscal year, then no State shall receive more
than five percent or less than one percent of the additional
funds: Provided further, That no general administrative
charge shall be applied against an assigned activity included
in this Act and, further, that any direct administrative
expenses applied against an assigned activity shall be
limited to 5 percent of the funds provided for that assigned
activity: Provided further, That any use of deobligated
balances of funds provided under this heading in previous
years shall be subject to the procedures set forth in section
605 of this Act.
There shall be established the Business Management Fund of
the National Oceanic and Atmospheric Administration, which
shall be available without fiscal year limitation for expense
and equipment necessary for the maintenance and operations of
such services and projects as the Administrator of the
National Oceanic and Atmospheric Administration determines
may be performed more advantageously when centralized:
Provided, That a separate schedule of expenditures and
reimbursements, and a statement of the current assets and
liabilities of the Business Management Fund as of the close
of the completed fiscal year, shall be prepared each year:
Provided further, That notwithstanding 31 U.S.C. 3302(b), the
Business Management Fund may be credited with advances and
reimbursements from applicable appropriations of the National
Oceanic and Atmospheric Administration and from funds of
other agencies or entities for services furnished pursuant to
law: Provided further, That any inventories, equipment,
systems, real property and other assets over $25,000,
pertaining to the services to be provided by such funds,
either on hand or on order, less the related liabilities or
unpaid obligations, shall be used to capitalize the Business
Management Fund: Provided further, That the National Oceanic
and Atmospheric Administration shall provide for centralized
services at rates which return in full all expenses of
operation and services, including the full cost of salaries
and accruing benefits and the annual costs of plant and
equipment associated with services to be provided, plus an
amount equal to projected inflation, amortization of
automated data processing software and hardware systems, and
an amount not to exceed four percent of the full costs
necessary to maintain a reasonable operating reserve and fund
new requirements as determined by the Administrator: Provided
further, That the Business Management Fund shall become
operational no later than thirty days after enactment of this
Act.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.

Procurement, Acquisition and Construction

(including transfers of funds)

For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$903,410,000, to remain available until September 30, 2005:
Provided, That unexpended balances of amounts previously made
available in the ``Operations, Research, and Facilities''
account for activities funded under this heading may be
transferred to and merged with this account, to remain
available until expended for the purposes for which the funds
were originally appropriated: Provided further, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar for dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That the Secretary shall establish a
Coastal and Estuarine Land Conservation Program, for the
purpose of protecting important coastal and estuarine areas
that have significant conservation, recreation, ecological,
historical, or aesthetic values, or that are threatened by
conversion from their natural or recreational state to other
uses: Provided further, That none of the funds provided in
this Act or any other Act under the heading ``National
Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' shall be used to fund the
General Services Administration's standard construction and
tenant build-out costs of a facility at the Suitland Federal
Center.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999
Pacific Salmon Treaty Agreement between the United States and
Canada, $78,650,000, to remain available until September 30,
2004.
In addition, for implementation of the 1999 Pacific Salmon
Treaty Agreement, $20,000,000, of which $10,000,000 shall be
deposited in the Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund, of which $10,000,000 shall
be deposited in the Southern Boundary Restoration and
Enhancement Fund.

fishermen's contingency fund

For carrying out the provisions of title IV of Public Law
95-372, not to exceed $954,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.

foreign fishing observer fund

For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to
be derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$191,000, to remain available until expended.

fisheries finance program account

For the cost of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936, 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 further, That these funds are available to
subsidize gross obligations for the principal

[[Page S883]]

amount of direct loans not to exceed $5,000,000 for
Individual Fishing Quota loans, and not to exceed $19,000,000
for Traditional direct loans: Provided further, That none of
the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase
the harvesting capacity in any United States fishery.

Departmental Management

salaries and expenses

For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $41,494,000.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11, as amended by Public
Law 100-504), $20,635,000.

General Provisions--Department of Commerce

Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized; services as
authorized; and uniforms or allowances therefore, as
authorized.
Sec. 203. Hereafter none of the funds made available by
this Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force
Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 205. Hereafter the Secretary of Commerce may award
contracts for hydrographic, geodetic, and photogrammetric
surveying and mapping services in accordance with title IX of
the Federal Property and Administrative Services Act of 1949.
Sec. 206. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as
the Secretary determines may be performed more advantageously
as central services, pursuant to section 403 of Public Law
103-356: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such
fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations
made for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall
be paid in advance from funds available to the Department and
other Federal agencies for which such centralized services
are performed, at rates which will return in full all
expenses of operation, including accrued leave, depreciation
of fund plant and equipment, amortization of automated data
processing (ADP) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed 4 percent of the total annual income to such fund may
be retained in the fund for fiscal year 2003 and each fiscal
year thereafter, to remain available until expended, to be
used for the acquisition of capital equipment, and for the
improvement and implementation of department financial
management, ADP, and other support systems: Provided further,
That such amounts retained in the fund for fiscal year 2003
and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days
after the end of each fiscal year, amounts in excess of this
reserve limitation shall be deposited as miscellaneous
receipts in the Treasury: Provided further, That such
franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103-356.
Sec. 207. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology,
Construction of Research Facilities'', $14,000,000 is
appropriated to fund a cooperative agreement with the Medical
University of South Carolina, $6,000,000 is appropriated to
the Thayer School of Engineering for the nanocrystalline
materials and biomass research initiative, $3,000,000 is
appropriated to the Institute for Information Infrastructure
Protection at the Institute for Security Technology Studies,
$4,000,000 is appropriated for the Institute for Politics,
and $1,260,000 is appropriated to the Franklin Pierce
College.
Sec. 208. Of the amounts available from the fund entitled
``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', Saltonstall-Kennedy
grants may be issued only in the priority funding areas of
Fishing Capacity Reduction under the Magnuson-Stevens Act
Sections 312(b)-(e), Conservation Engineering, Optimum
Utilization of Harvested Resources under Federal or State
Management, Marine Aquaculture, and Fisheries Socioeconomics:
Provided, That no funds shall be provided under the
Saltonstall-Kennedy Grant Program for any grant related to
Atlantic salmon aquaculture development considering the
endangered species status of Atlantic salmon.
Sec. 209. Of the amount available from the fund entitled
``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', $20,000,000 shall be
provided to develop an Alaska seafood marketing program.
Sec. 210. (a) The Secretary of Commerce is authorized to
award grants and make direct lump sum payments in support of
an international advertising and promotional campaign
developed in consultation with the private sector to
encourage individuals to travel to the United States
consisting of radio, television, and print advertising and
marketing programs.
(b) The United States Travel and Tourism Promotion Advisory
Board (hereinafter ``Board'') is established to recommend the
appropriate coordinated activities to the Secretary for
funding.
(c) The Secretary shall appoint the Board within 30 days of
enactment and shall include tourism-related entities he deems
appropriate.
(d) The Secretary shall consult with the Board and state
and regional tourism officials on the disbursement of funds.
(e) There is authorized to be appropriated $50,000,000, to
remain available until expended, and $50,000,000 is
appropriated to implement this section.
Sec. 211. From funds made available from the ``Operations
and Training'' account, not more than $50,000 shall be made
available to the Maritime Administration for administrative
expenses to oversee the implementation of this section for
the purpose of recovering economic and national security
benefits to the United States following the default under the
construction contract described in section 8109 of the
Department of Defense Appropriations Act for Fiscal Year 1998
(Public Law 105-56): Provided, That the owner of any ship
documented under the authority of this section shall offset
such appropriation through the payment of fees to the
Maritime Administration not to exceed the appropriation and
that such fees be deposited as an offsetting collection to
this appropriation: Provided further, That notwithstanding
any other provision of law, one or both ships originally
contracted under section 8109 of Public Law 105-56 may be
constructed to completion in a shipyard located outside of
the United States and the owner thereof (or a related person
with respect to that owner) may document one or both ships
under U.S. flag with a coastwise endorsement, and
notwithstanding any other provision of law, and not later
than two years after entry into service of the first ship
contracted for under section 8109 of Public Law 105-56, that
owner (or a related person with respect to that owner) may
re-document under U.S. flag with a coastwise endorsement one
additional foreign-built cruise ship: Provided further, That:
(1) the owner of any cruise ship documented under the
authority of this section is a citizen of the United States
within the meaning of 46 U.S.C. 12102(a), (2) the foreign-
built cruise ship re-documented under the authority of this
section meets the eligibility requirements for a certificate
of inspection under section 1137(a) of Public Law 104-324 and
applicable international agreements and guidelines referred
to in section 1137(a)(2) thereof and the 1992 Amendments to
the Safety of Life at Sea Convention of 1974, and that with
respect to the re-documented foreign-built cruise ship, any
repair, maintenance, alteration, or other preparation
necessary to meet such requirements be performed in a United
States shipyard, (3) any non-warranty repair, maintenance, or
alteration work performed on any ship documented under the
authority of this section shall be performed in a United
States shipyard unless the Administrator of the Maritime
Administration finds that such services are not available in
the United States or if an emergency dictates that the ship
proceed to a foreign port for such work, (4) any ship
documented under the authority of this section shall operate
in regular service between or among the islands of Hawaii,
(5) no person, nor any ship operating between or among the
islands of Hawaii, shall be entitled to the preference
contained in the second proviso of section 8109 of Public Law
105-56, and (6) no cruise ship operating in coastwise trade
under the authority of this section or constructed under the
authority of this section shall be eligible for a guarantee
of financing under title XI of the Merchant Marine Act 1936:
Provided further, That any cruise ship to be documented under
the authority of this section shall be immediately eligible
before documentation of the vessel for the approval contained
in section 1136(b) of Public Law 104-324: Provided further,
That for purposes of this section the term ``cruise ship''
means a vessel that is at least 60,000

[[Page S884]]

gross tons and not more than 120,000 gross tons (as measured
under chapter 143 of title 46, United States Code) and has
berth or stateroom accommodations for at least 1,600
passengers, the term ``one or both ships'' means collectively
the partially completed hull and related components,
equipment, and parts of whatever kind acquired pursuant to
the construction contract described in section 8109 of Public
Law 105-56 and intended to be incorporated into the ships
constructed thereto, the term ``related person'' means with
respect to a person: a holding company, subsidiary, or
affiliate of such person meeting the citizenship requirements
of section 12102(a) of title 46, United States Code, and the
term ``regular service'' means the primary service in which
the ship is engaged on an annual basis.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2003''.

TITLE III--THE JUDICIARY

Supreme Court of the United States

salaries and expenses

For expenses necessary for the operation of the Supreme
Court, excluding care of the building and grounds; not to
exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, $44,399,000.

care of the building and grounds

For expenses necessary for the care of building and
grounds, $53,304,000, to remain available until expended.

United States Court of Appeals for the Federal Circuit

salaries and expenses

For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court,
$20,136,000.

United States Court of International Trade

Salaries and expenses

For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, $13,529,000.

Court of Appeals, District, Magistrate, and Bankruptcy Court Judges and
Staff

salaries and expenses

For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and their
staff, $718,736,000.

Court Support

salaries and expenses

For expenses necessary for the operation of the courts,
including travel and hire of passenger motor vehicles,
$1,048,877,000, of which not to exceed $45,000 is authorized
for official reception and representation expenses.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,784,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.

Court Services

salaries and expenses

For expenses necessary for court services, including the
purchase of firearms and ammunition, supplies, and equipment
and the payment of rent to the General Services
Administration, $1,394,039,000, of which not to exceed
$29,277,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.

Probation and Pretrial Services

salaries and expenses

For expenses necessary for probation and pretrial services,
$717,214,000.

Defender Services

For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act of 1964; the compensation (in accordance
with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in
criminal cases where the defendant has waived representation
by counsel; the compensation and reimbursement of travel
expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; the compensation of attorneys
appointed to represent jurors in civil actions for the
protection of their employment, as authorized; and for
necessary training and general administrative expenses,
$531,792,000, to remain available until September 30, 2004.

Fees of Jurors and Commissioners

For fees and expenses of jurors as authorized; compensation
of jury commissioners as authorized; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure,
$54,636,000, to remain available until September 30, 2004:
Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable
under section 5332 of title 5, United States Code.

Court Security

For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and the procurement, installation, and
maintenance of security equipment for United States
courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
and other similar activities, $276,342,000, of which not to
exceed $10,000,000 shall remain available until expended for
security systems or contract costs for court security
officers: Provided, That, of the amounts made available under
this heading, $1,000,000 shall be transferred to, and merged
with, funds in the ``Salaries and Expenses, United States
Marshals Service'' appropriations account, to be available
only for a courthouse security survey to be conducted by
Judicial Security Division/Judicial Security Systems
personnel.

Federal Judicial Center

salaries and expenses

For necessary expenses of the Federal Judicial Center,
$20,156,000; of which $1,800,000 shall remain available
through September 30, 2004, to provide education and training
to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation
expenses.

Judicial Retirement Funds

payment to judiciary trust funds

For payment to the Judicial Officers' Retirement Fund, as
authorized, $27,700,000; to the Judicial Survivors' Annuities
Fund, as authorized, $5,200,000; and to the United States
Court of Federal Claims Judges' Retirement Fund, as
authorized, $2,400,000.

United States Sentencing Commission

salaries and expenses

For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$11,835,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.

General Provisions--the Judiciary

Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, any
salaries and expenses appropriation in this title, except
probation and pretrial services, shall be available for
official reception and representation expenses of the
Judicial Conference of the United States: Provided, That such
available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Pursuant to section 140 of Public Law 97-92,
Justices and judges of the United States are authorized
during fiscal year 2003, to receive a salary adjustment in
accordance with 28 U.S.C. 461: Provided, That $7,972,000 is
appropriated for salary adjustments pursuant to this section
and such funds shall be transferred to and merged with
appropriations in title III of this Act.
This title may be cited as the ``Judiciary Appropriations
Act, 2003''.

TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to the
advice and consent of the Senate or specific Acts of
Congress; arms control, nonproliferation and disarmament
activities as authorized; acquisition by exchange or purchase
of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,042,096,000: Provided,
That, of the amount made available under this heading, not to
exceed $4,000,000 may be transferred to, and merged with,
funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for
emergency evacuations and terrorism rewards: Provided
further, That of the amount made available under this heading
for Oceans and International Environmental and Scientific
Affairs, $4,000,000 shall be for negotiations of a binding
turtle bycatch reduction agreement for the Western and
Central Pacific: Provided further, That, of the

[[Page S885]]

amount made available under this heading, $5,000,000 shall be
made available only for the renovation of the United States
Consulate facility in Istanbul for the purposes of housing an
International Center on Muslim-Western Dialogue: Provided
further, That, the Secretary of State shall develop a plan
for the five-year graduated synchronization of the United
States' and the United Nations' budget cycles: Provided
further, That, of the amount made available under this
heading, $1,500,000 shall be available for a grant to conduct
an international forum on the rule of law: Provided further,
That, of the amount made available under this heading,
$500,000 shall be available for a grant to conduct an
international conference on best practices on adoption:
Provided further, That of the amount made available under
this heading, $200,000 shall be available to conduct the
Girls' International Forum: Provided further, That of the
amount made available under this heading, $100,000 shall be
available to conduct the Winter Cities Conference: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at
least 15 days in advance, the Committees on Appropriations of
the House of Representatives and the Senate are notified of
such proposed action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in
accordance with section 4 of the International Center Act, as
amended; in addition, as authorized by section 5 of such Act,
$490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section;
in addition, as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
In addition, for the costs of worldwide security upgrades,
$579,086,000, to remain available until expended.

capital investment fund

For necessary expenses of the Capital Investment Fund,
$210,000,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-
236 shall not apply to funds available under this heading.

office of inspector general

For necessary expenses of the Office of Inspector General,
$30,844,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980, as amended (Public Law 96-465), as it
relates to post inspections.

educational and cultural exchange programs

For expenses of educational and cultural exchange programs,
as authorized, $237,881,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, educational advising and
counseling programs, and exchange visitor programs.

representation allowances

For representation allowances as authorized, $6,485,000.

protection of foreign missions and officials

For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $9,400,000, to remain available
until September 30, 2004.

embassy security, construction, and maintenance

For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300),
preserving, maintaining, repairing, and planning for
buildings that are owned or directly leased by the Department
of State, renovating, in addition to funds otherwise
available, the Harry S. Truman Building, and carrying out the
Diplomatic Security Construction Program as authorized,
$523,000,000, to remain available until expended as
authorized, of which not to exceed $25,000 may be used for
domestic and overseas representation as authorized: Provided,
That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or
generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $732,700,000, to
remain available until expended.

emergencies in the diplomatic and consular service

For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $6,500,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.

repatriation loans program account

For the cost of direct loans, $612,000, as authorized:
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. In addition, for
administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and
merged with the Diplomatic and Consular Programs account
under Administration of Foreign Affairs.

payment to the american institute in taiwan

For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $17,044,000.

payment to the foreign service retirement and disability fund

For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $138,200,000.

International Organizations and Conferences

contributions to international organizations

For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $866,000,000: Provided, That
any payment of arrearages under this title shall be directed
toward special activities that are mutually agreed upon by
the United States and the respective international
organization: Provided further, That none of the funds
appropriated in this paragraph shall be available for a
United States contribution to an international organization
for the United States share of interest costs made known to
the United States Government by such organization for loans
incurred on or after October 1, 1984, through external
borrowings: Provided further, That funds appropriated under
this paragraph may be obligated and expended to pay the full
United States assessment to the civil budget of the North
Atlantic Treaty Organization.

contributions for international peacekeeping activities

For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $673,710,000, of which 15 percent shall remain
available until September 30, 2004: Provided, That none of
the funds made available under this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of
the funds made available under this heading are available to
pay the United States share of the cost of court monitoring
that is part of any United Nations peacekeeping mission.

international commissions

For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:

international boundary and water commission, united states and mexico

For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:

salaries and expenses

For salaries and expenses, not otherwise provided for,
$25,155,000.

construction

For detailed plan preparation and construction of
authorized projects, $5,488,000, to remain available until
expended, as authorized.

american sections, international commissions

For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $10,023,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.

[[Page S886]]

international fisheries commissions

For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $20,480,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324.

Other

payment to the asia foundation

For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended,
$10,250,000, to remain available until expended, as
authorized.

eisenhower exchange fellowship program trust fund

For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2003, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.

israeli arab scholarship program

For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2003, to remain
available until expended.

East-West Center

To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $18,000,000, to remain
available until expended: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in
excess of the rate authorized by 5 U.S.C. 5376.

national endowment for democracy

For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National
Endowment for Democracy Act, $46,500,000, to remain available
until expended.

RELATED AGENCY

Broadcasting Board of Governors

international broadcasting operations

For expenses necessary to enable the Broadcasting Board of
Governors to carry out international communication
activities, $431,456,000.

broadcasting to cuba

For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the
purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and
purchase and installation of necessary equipment for radio
and television transmission and reception, $24,996,000, to
remain available until expended.

broadcasting capital improvements

For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$13,740,000, to remain available until expended.

General Provisions--Department of State and Related Agency

Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5,
United States Code; for services as authorized by 5 U.S.C.
3109; and for hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support,
consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
Sec. 404. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 2003
or any fiscal year thereafter may be obligated or expended
for the operation of a United States consulate or diplomatic
facility in Jerusalem unless such consulate or diplomatic
facility is under the supervision of the United States
Ambassador to Israel.
Sec. 405. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 2003
or any fiscal year thereafter may be obligated or expended
for the publication of any official Government document which
lists countries and their capital cities unless the
publication identifies Jerusalem as the capital of Israel.
Sec. 406. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
Sec. 407. (a) Not later than February 15, 2003, the
Secretary of the Navy shall transfer, without reimbursement,
to the Secretary of State administrative jurisdiction over
the parcels of real property, together with any improvements
thereon, consisting in aggregate of approximately 10 acres at
Naval Base, Charleston, South Carolina, described in
subsection (b).
(b) The parcels of real property described in this
subsection are as follows:
(1) A parcel bounded by Holland Street, Dyess Avenue, and
Hobson Avenue to the entrance way immediately west of
Building 202.
(2) A parcel bounded on the north by Dyess Avenue
comprising Building 644.
(c) The transfer of jurisdiction of real property under
subsection (a) shall not effect the validity or term of any
lease with respect to such real property in effect as of the
date of the transfer.
(d) The Secretary of State shall use the property
transferred under subsection (a) for support of diplomatic
and consular operations.
(e) The exact acreage and legal description of the property
transferred under subsection (a) shall be determined by a
survey satisfactory to the Secretary of the Navy. The cost of
the survey shall be borne by the Secretary.
(f) The Secretary of the Navy may require such additional
terms and conditions in connection with the transfer of
property under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2003''.

TITLE V--RELATED AGENCIES

Department of Transportation

Maritime Administration

maritime security program

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until
September 30, 2005.

operations and training

For necessary expenses of operations and training
activities, $89,904,000, of which $13,000,000 shall remain
available until expended for capital improvements at the
United States Merchant Marine Academy.

maritime guaranteed loan (title xi) program account

For the cost of guaranteed loans, as authorized,
$32,852,000, to remain available until September 30, 2005:
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, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $4,144,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.

administrative provisions--maritime administration

Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy
for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior Appropriations Act.

Commission for the Preservation of America's Heritage Abroad

salaries and expenses

For expenses for the Commission for the Preservation of
America's Heritage Abroad, $659,000.

Commission on Civil Rights

salaries and expenses

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the

[[Page S887]]

funds appropriated in this paragraph shall be used to employ
in excess of four full-time individuals under Schedule C of
the Excepted Service exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.

Commission on International Religious Freedom

salaries and expenses

For necessary expenses for the United States Commission on
International Religious Freedom, as authorized, $3,000,000.

Commission on Ocean Policy

SALARIES AND EXPENSES

For the necessary expenses of the Commission on Ocean
Policy, $3,000,000.

Commission on Security and Cooperation in Europe

salaries and expenses

For necessary expenses of the Commission on Security and
Cooperation in Europe, $1,550,000.

Congressional-Executive Commission on the People's Republic of China

salaries and expenses

For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, $1,000,000.

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity
Commission, including services as authorized; hire of
passenger motor vehicles as authorized; non-monetary awards
to private citizens; and not to exceed $33,000,000 for
payments to State and local enforcement agencies for
authorized services to the Commission, $320,436,000:
Provided, That the Commission is authorized to make available
for official reception and representation expenses not to
exceed $2,500 from available funds.

Federal Communications Commission

salaries and expenses

For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles;
special counsel fees; and services as authorized by 5 U.S.C.
3109, $275,400,000, of which not to exceed $300,000 shall
remain available until September 30, 2004, for research and
policy studies: Provided, That $275,400,000 of offsetting
collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, as
amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections
are received during fiscal year 2003: Provided further, That
any offsetting collections received in excess of $275,400,000
in fiscal year 2003 shall remain available until expended,
but shall not be available for obligation until October 1,
2003.

Federal Maritime Commission

salaries and expenses

For necessary expenses of the Federal Maritime Commission
as authorized, including services; hire of passenger motor
vehicles; and uniforms or allowances therefor, $16,795,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.

Federal Trade Commission

salaries and expenses

For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; not to exceed $2,000 for
official reception and representation expenses, $175,148,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718, as amended: Provided further,
That, notwithstanding any other provision of law, not to
exceed $166,000,000 of offsetting collections derived from
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, and
offsetting collections derived from fees sufficient to
implement and enforce the do-not-call provisions of the
Telemarketing Sales Rule, 16 C.F.R. Part 310, promulgated
under the Telephone Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), estimated at $16,000,000, shall be
collected pursuant to this authority: Provided further, That
all offsetting collections shall be credited to this
appropriation, used for necessary expenses, and remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year
2003, so as to result in a final fiscal year 2003
appropriation from the general fund estimated at not more
than $9,148,000: Provided further, That none of the funds
made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section
151 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (Public Law 102-242; 105 Stat. 2282-2285).

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $329,397,000, of which $310,097,000 is for basic
field programs and required independent audits; $2,600,000 is
for the Office of Inspector General, of which such amounts as
may be necessary may be used to conduct additional audits of
recipients; $13,300,000 is for management and administration;
and $3,400,000 is for client self-help and information
technology.

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2002 and 2003, respectively.
Section 504(a)(16) of Public Law 104-134 is hereafter
amended by striking ``if such relief does not involve'' and
all that follows through ``representation''.

Marine Mammal Commission

salaries and expenses

For necessary expenses of the Marine Mammal Commission,
$2,050,000.

National Veterans Business Development Corporation

For necessary expenses of the National Veterans Business
Development Corporation, $2,000,000.

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$656,700,000; of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b)
of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),
and 13(e), 14(g) and 31 of the Securities Exchange Act of
1934 (15 U.S.C. 78m(e), 78n(g), and 78ee) shall be credited
to this account as offsetting collections: Provided further,
That not to exceed $656,700,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2003 shall be reduced as such offsetting fees
are received so as to result in a final total fiscal 2003
appropriation from the general fund estimated at not more
than $0.

Small Business Administration

salaries and expenses

For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized, including hire
of passenger motor vehicles, and not to exceed $3,500 for
official reception and representation expenses, $364,357,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing
activities: Provided further, That, notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further appropriations: Provided
further, That $88,000,000 shall be available to fund grants
for performance in fiscal year 2003 or fiscal year 2004 as
authorized.

office of inspector general

For necessary expenses of the Office of Inspector General,
$11,600,000.

business loans program account

For the cost of direct loans, $3,726,000, to be available
until expended; and for the cost of guaranteed loans,
$85,360,000, as authorized, of which $45,000,000 shall remain
available until September 30, 2004: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the

[[Page S888]]

Congressional Budget Act of 1974, as amended: Provided
further, That during fiscal year 2003 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958, as amended, shall not exceed
$4,500,000,000, as provided under section 20(h)(1)(B)(ii) of
the Small Business Act: Provided further, That during fiscal
year 2003 commitments to guarantee loans for debentures and
participating securities under section 303(b) of the Small
Business Investment Act of 1958, as amended, shall not exceed
the levels established by section 20(i)(1)(C) of the Small
Business Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $129,000,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.

disaster loans program account

For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $76,140,000, to remain
available until expended: 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, as amended.
In addition, for administrative expenses to carry out the
direct loan program, $118,354,000, which may be transferred
to and merged with appropriations for Salaries and Expenses,
of which $500,000 is for the Office of Inspector General of
the Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office
of Inspector General; of which $108,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $9,854,000 is for
indirect administrative expenses: Provided, That any amount
in excess of $9,854,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.

administrative provision--small business administration

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute,
$3,100,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.

TITLE VI--GENERAL PROVISIONS

Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, enforce, or otherwise abide by the Memorandum of
Agreement signed by the Federal Trade Commission and the
Antitrust Division of the Department of Justice on March 5,
2002.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2003, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2003, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects (including
construction projects), or activities; (2) reduces by 10
percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved
by Congress; or (3) results from any general savings from a
reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law
Enforcement Assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity
that employs a public safety officer (as such term is defined
in section 1204 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968) does not provide such a public
safety officer who retires or is separated from service due
to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while
responding to an emergency situation or a hot pursuit (as
such terms are defined by State law) with the same or better
level of health insurance benefits at the time of retirement
or separation as they received while on duty.
Sec. 608. Hereafter, none of the funds provided by this Act
shall be available to promote the sale or export of tobacco
or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of
tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of
the same type.
Sec. 609. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999, as amended.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2003.
(c) Notwithstanding any other provision of law, attorneys
in positions funded with amounts made available under the
headings ``Salaries and Expenses, General Legal Activities''
and ``Salaries and Expenses, United States Attorneys'' in
title I of this Act shall be compensated on an hourly basis,
weekly compensation to be determined by mechanical means, and
shall have such fixed breaks each work day as are afforded
other hourly workers employed by the Department of Justice.
Sec. 610. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the
implementation of 18 U.S.C. 922(t); and (2) any system to
implement 18 U.S.C. 922(t) that does not require and result
in the destruction of any identifying information submitted
by or on behalf of any person who has been determined not to
be prohibited from owning a firearm.
Sec. 611. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $566,500,000
shall not be available for obligation until the following
fiscal year, with the exception of emergency appropriations
made available by Public Law 107-38 and transferred to the
Fund.
Sec. 612. None of the funds appropriated or otherwise made
available to the Department of State and the Department of
Justice shall be available for the purpose of granting either
immigrant or nonimmigrant visas, or both, consistent with the
Secretary's determination under section 243(d) of the
Immigration and Nationality Act, to citizens, subjects,
nationals, or residents of countries that the Attorney
General has determined deny or unreasonably delay accepting
the return of citizens, subjects, nationals, or residents
under that section.
Sec. 613. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 614. Hereafter, none of the funds appropriated by this
Act or any other Act may be used by Federal prisons to
purchase cable television services, to rent or purchase
videocassettes, videocassette recorders, or other audiovisual
or electronic equipment used primarily for recreational
purposes.
Sec. 615. Of the amounts provided for ``Small Business
Administration, Salaries and Expenses'', $31,625,000, of
which $2,000,000 shall be available for a grant to the
Innovation and Commercialization Center; $2,000,000

[[Page S889]]

shall be available for the Mississippi State University MAF/
TIGER database project; $1,000,000 shall be for the Black
Hills Rural Tourism Marketing Program; $1,500,000 shall be
for the Center for Tourism Research; $3,125,000 shall be for
the National Inventor's Hall of Fame; $5,000,000 shall be for
the Boston Museum of Science; $2,000,000 shall be for the
Tuck School and Minority Business Development Agency
Partnership; $2,000,000 shall be for the Oklahoma
International Trade Processing Center; $300,000 shall be for
the Center for Women and Enterprise; $500,000 shall be for
the Ogontz Revitalization Corporation; $800,000 shall be for
Kennesaw State University Family Business Initiative;
$500,000 shall be for the Idaho Virtual Incubator, Phase III;
$1,600,000 shall be for the Adelante grant; $300,000 shall be
for the Immigration Services project in Iowa; $2,000,000
shall be for the Microdevice Fabrication Facility; $4,000,000
shall be for the Marine Mammal Commission; $600,000 shall be
for the Carvers Bay Library; $1,000,000 shall be for
technical upgrades for the Northwest Center for Engineering,
Science, and Technology; $200,000 shall be for the Southern
New Mexico High Technology Consortium; $1,000,000 shall be
for the American Museum of Natural History; and $200,000
shall be for the Program for International Education and
Training.
Sec. 616. Section 1605 of title 28, United States Code is
amended by adding a new subsection (h) as follows:
``(h) Cause of Action for Iranian Hostages.--
Notwithstanding any provision of the Algiers Accords, or any
other international agreement, any United States citizen held
hostage in Iran after November 1, 1979, and their spouses and
children at the time, shall have a claim for money damages
against the government of Iran. Any provision in an
international agreement, including the Algiers Accords that
purports to bar such suit is abrogated. This subsection shall
apply retroactively to any cause of action cited in 28 U.S.C.
1605 (a)(7)(A).
Sec. 617. Any amounts previously appropriated for the Port
of Anchorage for an intermodal marine facility and access
thereto shall be transferred to and administered by the
Administrator for the Maritime Administration including non-
federal contributions.

TITLE VII--RESCISSIONS

DEPARTMENT OF JUSTICE

General Administration

working capital fund

(rescission)

Of the unobligated balances available under this heading,
$36,230,000 are rescinded.

Legal Activities

asset forfeiture fund

(rescission)

Of the unobligated balances available under this heading,
$50,874,000 are rescinded.

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

salaries and expenses

(rescission)

Of the unobligated balances available under this heading,
$120,000,000 are rescinded.
This division may be cited as the ``Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2003''.

DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003

Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:

FEDERAL FUNDS

Federal Payment for Resident Tuition Support

For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $17,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer who shall use those funds
solely for the purposes of carrying out the Resident Tuition
Support Program: Provided further, That the Resident Tuition
Support Program Office and the Office of the Chief Financial
Officer shall provide a quarterly financial report to the
Committees on Appropriations of the Senate and House of
Representatives for these funds showing, by object class, the
expenditures made and the purpose therefor: Provided further,
That not more than seven percent of the total amount
appropriated for this program may be used for administrative
expenses.

Federal Payment for Emergency Planning and Security Costs in the
District of Columbia

For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of public safety
expenses related to security events in the District of
Columbia and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the
District of Columbia or surrounding jurisdictions: Provided,
That the Chief Financial Officer of the District of Columbia
shall provide a report, within 15 days of an expenditure, to
the President and to the Committees on Appropriations of the
Senate and the House of Representatives, detailing any
expenditure of these funds for public safety purposes:
Provided further, That the Office of Management and Budget
shall, in consultation with the United States Park Police,
the National Park Service, the Secret Service, the Federal
Bureau of Investigation, the United States Protective
Service, the Department of State, and the General Services
Administration, review the National Capital Planning
Commission study on ``Designing for Security in the Nation's
Capital'' and report to the Committees on Appropriations of
the Senate and House of Representatives on the steps these
agencies will take to improve the appearance of security
measures in the District of Columbia in accordance with the
National Capital Planning Commission recommendations, no
later than February 5, 2003: Provided further, That the
report shall include the recommendations of each agency.

Federal Payment for Hospital Bioterrorism Preparedness in the District
of Columbia

For a Federal payment to support bioterrorism hospital
preparedness in the District of Columbia, $10,000,000, of
which $5,000,000 shall be for the Children's National Medical
Center in the District of Columbia for the expansion of
quarantine facilities and the establishment of a
decontamination facility, and $5,000,000 shall be for the
Washington Hospital Center for construction of containment
facilities.

Federal Payment to the Chief Financial Officer of the District of
Columbia

For a Federal payment to the Chief Financial Officer of the
District of Columbia, $15,000,000, for education, security,
economic development, and health initiatives in the District
of Columbia.

Federal Payment to the District of Columbia Courts

For salaries and expenses for the District of Columbia
Courts, $166,193,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $8,551,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $81,265,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the
District of Columbia Court System, $39,676,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $35,201,000 for capital improvements for
District of Columbia courthouse facilities: Provided, That
these funds are expended consistent with the General Services
Administration master plan study and building evaluation
report: Provided further, That $1,500,000, of the funds made
available under this heading, shall be deposited into a
dedicated account in the U.S. Treasury and shall remain
available until expended, for a program to be administered by
the District of Columbia Superior Court to provide guardians
ad litem to abused and neglected children: Provided further,
That such program shall develop the capacity to improve the
quality, training and recruitment of guardians ad litem to
abused and neglected children: Provided further, That such
funds, including any interest accrued thereon, shall be used
to contract with a non-profit organization to act as
guardians ad litem, provide training, technical assistance,
and other such services including infrastructure development
as are necessary to improve the quality of guardian ad litem
representation to abused and neglected children in the
District of Columbia Family Court: Provided further, That the
non-profit organization shall have expertise in the following
areas: representing children, child welfare, adoption,
guardianship, special education and domestic violence:
Provided further, That the District of Columbia Superior
Court shall establish a dedicated account in the U.S.
Treasury for the Guardian ad Litem Program that shall consist
of the Federal funds appropriated to the Program in this Act
and any

[[Page S890]]

subsequent appropriations, any necessary funds provided under
the heading ``Defender Services in the District of Columbia
Courts'', any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided
further, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies, with payroll
and financial services to be provided on a contractual basis
with the General Services Administration (GSA), said services
to include the preparation of monthly financial reports,
copies of which shall be submitted directly by GSA to the
President and to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives: Provided
further, That funds made available for capital improvements
may remain available until September 30, 2004: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the Senate and House of
Representatives, the District of Columbia Courts may
reallocate not more than $1,000,000 of the funds provided
under this heading among the items and entities funded under
such heading: Provided further, That notwithstanding Section
446 of the District of Columbia Home Rule Act or any
provision of subchapter III of chapter 13 of title 31, United
States Code, the use of interest earned on the Federal
payment made to the District of Columbia Courts under the
District of Columbia Appropriations Act, 1998, by the Courts
during fiscal year 1998 shall not constitute a violation of
such Act or such subchapter.

Defender Services in District of Columbia Courts

For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code, or pursuant
to a contract with a non-profit organization to provide
guardian ad litem representation, training, technical
assistance and such other services as are necessary to
improve the quality of guardian ad litem representation, and
payments for counsel authorized under section 21-2060, D.C.
Code (relating to representation provided under the District
of Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $34,000,000, to remain
available until expended: Provided, That the funds provided
in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $35,201,000
provided under such heading for capital improvements for
District of Columbia courthouse facilities) may also be used
for payments under this heading: Provided further, That in
addition to the funds provided under this heading, the Joint
Committee on Judicial Administration in the District of
Columbia shall use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia
Courts'' (other than the $35,201,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities), to make payments described under this
heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading
shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the General Services
Administration (GSA), said services to include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committee on Government Reform of the House
of Representatives.

Administrative Provisions

Sec. 1. Payments for Representation of Indigents. (a)
Services of Counsel.--Section 11-2604, District of Columbia
Code, is amended in subsection (a), by striking ``$65'' and
inserting ``$75''.
(b) Effective Date.--The amendment made by this provision
shall apply with respect to cases and proceedings initiated
on or after October 1, 2002.
(c) The hourly rate paid to attorneys representing indigent
defendants in the District of Columbia, subject to Section
11-2604 and Section 16-2326.01(b) of the District of Columbia
Code shall be $90 per hour, effective October 1, 2003.
Sec. 2. Inclusion of Court Employees in Long Term Care
Program. (a) Section 9001(1) of Title 5, United States Code,
is amended by adding before the period ``(other than an
employee of the District of Columbia Courts)''.
(b) Section 11-1726, District of Columbia Code, is amended
as follows:
(1) in subsection (b)(1), by adding at the end: ``(F)
Chapter 90 (relating to long-term care insurance).''.
(2) in subsection (c)(1), by adding at the end: ``(D)
Chapter 90 (relating to long-term care insurance).''.
Sec. 3. Crime Victims Compensation Fund. All funds from the
Crime Victims Compensation Fund, established by section 16 of
the Victims of Violent Crime Compensation Act of 1996,
effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code,
sec. 4-514) (``Compensation Act''), that are designated for
outreach activities pursuant to section 16(d)(2) of the
Compensation Act shall be deposited in the Crime Victims
Assistance Fund, established by section 16a of the
Compensation Act, for the purpose of outreach activities, and
shall remain available until expended.
Sec. 4. Transfer of Fines. Notwithstanding any other law,
the District of Columbia Courts shall transfer to the D.C.
Treasury all fines levied and collected by the Courts in
cases charging Driving Under the Influence and Driving While
Impaired. The transferred funds shall remain available until
expended and shall be used by the Office of the Corporation
Counsel, for enforcement and prosecution of District traffic
alcohol laws in accordance with section 10(b)(3) of the
District of Columbia Traffic Control Act, approved March 3,
1925 (43 Stat. 1124; D.C. Official Code, sec. 50-
2201.05(b)(3)).
Sec. 5. Transfer to Child and Family Services Agency. Of
the amount appropriated as a Federal payment to the District
of Columbia Courts in the Fiscal Year 2002 District of
Columbia Appropriations Act (Public Law 107-96; 115 Stat.
927) that remain available through September 30, 2003,
$560,000 are hereby transferred to the District of Columbia
Child and Family Services Agency for child abuse services.

Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia

(Including Transfer of Funds)

For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33; 111
Stat. 712), $154,707,000 of which not to exceed $2,000 is for
official receptions related to offender and defendant support
programs; of which $95,682,000 shall be for necessary
expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to supervision of
adults subject to protection orders or provision of services
for or related to such persons; $23,070,000 shall be
transferred to the Public Defender Service; and $35,955,000
shall be available to the Pretrial Services Agency: Provided,
That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That
notwithstanding chapter 12 of title 40, United States Code,
the Director may acquire by purchase, lease, condemnation, or
donation, and renovate as necessary, Building Number 17, 1900
Massachusetts Avenue, Southeast, Washington, District of
Columbia, to house or supervise offenders and defendants,
with funds made available for this purpose in Public Law 107-
96: Provided further, That the Director is authorized to
accept and use gifts in the form of in-kind contributions of
space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection.

Federal Payment to the Children's National Medical Center

For a Federal payment to the Children's National Medical
Center in the District of Columbia, $5,000,000 for capital
and equipment improvements.

St. Coletta of Greater Washington Expansion Project

For a Federal contribution to St. Coletta of Greater
Washington, Inc., for costs associated with the establishment
of a day program and comprehensive case management services
for mentally retarded and multiple-handicapped adolescents
and adults in the District of Columbia, including property
acquisition and construction, $2,000,000.

Federal Payment to the Department of Transportation

For a Federal Payment to the Department of Transportation
in the District of Columbia, $1,000,000: Provided, That such
funds will be used to implement Transportation Systems
Management initiatives and strategies recommended in the
October 2001 report by the Interagency Task Force of the
National Capital Planning Commission in coordination with the
National Capital Planning Commission.

Federal Payment for Anacostia Waterfront Initiative in the District of
Columbia

For a Federal payment to the District of Columbia for
implementation of the Anacostia Waterfront Initiative,
$55,000,000, to remain available until expended, of which

[[Page S891]]

$50,000,000 shall be for the District of Columbia Water and
Sewer Authority for the Combined Sewer Overflow Long-Term
Control Plan, to be used for system design and upgrades:
Provided, That the District of Columbia Water and Sewer
Authority provides a 100 percent match for the fiscal year
2003 Federal contribution of $50,000,000 to begin
implementing the multi-year Long-Term Control Plan: Provided
further, That $5,000,000 of the funds made available under
this heading, shall be for environmental and infrastructure
costs related to development of parks and recreation
facilities on the Anacostia River.

Federal Payment for Capital Infrastructure Development

For a Federal payment to the District of Columbia for
improvement of city-wide capital infrastructure, $13,100,000,
of which $10,000,000 shall be for construction of
interoperable communications infrastructure in the Unified
Communications Center; $100,000 shall be for capital
improvements of Eastern Market; and $3,000,000 shall be to
begin the design and construction of a state-of-the-art
forensics laboratory.

Federal Payment to the District of Columbia for Family Literacy

For a Federal payment to the District of Columbia,
$4,000,000, shall be for the Family Literacy Program to
address the needs of literacy-challenged parents while
endowing their children with an appreciation for literacy and
strengthening familial ties.

Federal Payment to the District of Columbia for Charter School
Facilities

For a Federal Payment to the District of Columbia for
development of Charter School facilities, $20,000,000, to
remain available until expended, to be allocated as follows:
(1) Administration and support.--$1,000,000 for
administration and contracting costs of the Office of Charter
School Financing and Support to administer the Credit
Enhancement Fund for Public Charter Schools, the Direct Loan
Program, and other public charter school financing programs
and support services as requested by the Mayor and Council of
the District of Columbia.
(2) Credit enhancement fund for public charter schools.--
$5,000,000 to be deposited in, and administered through, the
credit enhancement revolving fund established under section
603(e) of the Student Loan Marketing Association
Reorganization Act of 1996 (Public Law 104-208; 110 Stat.
3009-293), as amended by the Fiscal Year 2002 District of
Columbia Appropriations Act (Public Law 107-96; 115 Stat.
936) and this Act.
(3) Direct loan fund for charter school improvement.--
$10,000,000 for a Direct Loan Fund for Charter School
Improvement, to be administered by the Office of Charter
School Financing and Support: Provided, That loans
distributed to charter schools from these funds shall not
exceed $2,000,000 per charter school.
(4) Per pupil allocation.--$4,000,000 shall be used by the
District of Columbia to supplement the per pupil facilities
allocation to public charter schools in fiscal year 2003:
Provided, That the per pupil facilities allocation to public
charter schools shall not be less than $1,500.

Administrative Provisions

Sec. 6. Charter School Development. Section 603(e) of the
Student Loan Marketing Association Reorganization Act of 1996
(Public Law 104-208; 110 Stat. 3009-293), as amended by
section 153 of the District of Columbia Appropriations Act,
2000, is amended by inserting the following new paragraphs--
``(3) Office of charter school financing and support.--
``(A) Establishment.--There is established within the
District of Columbia, under the authority of the Department
of Banking and Financial Institutions, an Office of Public
Charter School Financing and Support.
``(B) Functions.--The office shall have the following three
functions--
``(i) Credit enhancement fund.--To administer the Credit
Enhancement Fund for Public Charter Schools.
``(ii) Direct loan program.--To administer the Direct Loan
Program.
``(iii) Other.--To develop, implement and provide oversight
for other public charter school financing programs and
support services as requested by the Mayor and the Council of
the District of Columbia.
``(C) Contract authority.--The functions described in
sections (1), (2) and (3) may be provided by the Office of
Public Charter School Financing and Support or under contract
with a qualified provider.
``(4) Credit enhancement fund for public charter schools.--
``(A) Administration of program.--The Credit Enhancement
Fund for Charter Schools shall be administered by the Office
of Charter School Financing and Support.
``(B) Distribution of amounts.--Of the amounts in the
credit enhancement fund established under paragraph (2)(B)--
``(i) 50 percent shall be used to make grants under
subparagraph (B); and
``(ii) 50 percent shall be used to make grants under
subparagraph (C).
``(5) Direct loan fund for charter school improvement.--
``(A) Establishment.--There is established a Direct Loan
Fund for Charter School Improvement.
``(B) Administration of program.--The Direct Loan Fund for
Charter School Improvement shall be administered by the
Office of Charter School Financing and Support.
``(C) Use of funds.--Funds distributed under this paragraph
shall be for construction, purchase, renovation, and
maintenance of charter school facilities.
``(D) Amount of loans.--Loans distributed under this
paragraph shall not exceed $2,000,000 per charter school.
``(E) Interest and terms.--The Office of Charter School
Financing and Support shall determine what interest rates and
terms apply to loans granted under this part. In determining
the rates and terms of a loan granted to a charter school,
the Office of Charter School Financing and Support should do
its best to provide low interest options and flexible terms.
``(F) Eligible entity.--To be eligible for a loan under
this paragraph, an applicant shall be--
``(i) A public charter school approved pursuant to the
School Reform Act by the Chartering Authority of the District
of Columbia.
``(ii) Meeting or exceeding its performance goals as
outlined in its originating charter.
``(G) Use of per pupil facilities allowance in repayment of
loans.--In repaying a loan granted under this paragraph, a
debtor may use facility maintenance funds granted to them by
the District of Columbia Public Schools.''.
Sec. 7. Report to Congress. No later than April 1, 2003,
the Comptroller General shall prepare and submit to the
Committees on Appropriations of the Senate and the House of
Representatives, a detailed analysis of the national effort
to establish adequate charter school facilities including a
comparison to the efforts in the District of Columbia.
Sec. 8. Surplus Buildings. The Mayor of the District of
Columbia and the Chairman of the Council of the District of
Columbia, in consultation with the General Services
Administration, shall conduct an assessment of all buildings
currently held in surplus and those that might be made
available within one year of the date of enactment of this
Act: Provided, That such assessment include a survey of the
space available, a listing of appropriate uses, a listing of
potential occupants, and the renovations or construction
necessary to accommodate proposed uses: Provided further,
That within 180 days of enactment, the Mayor shall report to
the Committees on Appropriations of the Senate and the House
of Representatives the findings of such assessment along with
a plan for occupying at least 50 percent of the space
available at the time such report is submitted: Provided
further, That assignments of space included in this plan
shall be in compliance with preferences outlined in the D.C.
School Reform Act.
Sec. 9. Incentives to Promote the Adoption of Children. The
Mayor of the District of Columbia, in administering funds
provided under the heading ``Federal Payment for Incentives
for Adoption of Children'' in Public Law 106-113 (113 Stat.
1501), approved November 29, 1999, as modified by Public Law
107-96 (115 Stat. 924), approved December 21, 2001, shall
establish and fulfill the following performance measures
within nine months of the date of enactment of this Act: (i)
the Chief Financial Officer of the District of Columbia shall
certify that not less than 50 percent of the funds provided
for attorney fees and home studies have been expended; (ii)
the Mayor shall establish an outreach program to inform
adoptive families and children without parents about the
scholarship fund established with these funds; (iii) the
Mayor shall establish the location, necessary personnel and
mission of the adoptive family resource center in the
District of Columbia; (iv) the Mayor shall identify not less
than 25 percent of the eligible children in the District of
Columbia foster care system with special needs and obligate
not less than 25 percent of the funds provided in Public Law
106-113 (113 Stat. 1501) for adoption incentives and support
for children with special needs: Provided, That the Mayor of
the District of Columbia and the Chairman of the Council of
the District of Columbia shall provide quarterly reports
beginning on the date of enactment of this Act to the
Committees on Appropriations of the Senate and the House of
Representatives, detailing the expenditure of funds provided
for the promotion of adoption and performance in actually
promoting adoption; and (v) the Mayor and Child and Family
Services Agency of the District of Columbia shall increase
the number of waiting children listed in the Child and Family
Services Agency of the District of Columbia adoption photo-
listing by 75 percent.
Sec. 10. Special Education Accountability. The Chief
Financial Officer of the District of Columbia shall require
attorneys in special education cases brought under the
Individuals with Disabilities Act (IDEA) in the District of
Columbia to certify in writing that the attorney or
representative rendered any and all services for which they
receive awards, including those received under a settlement
agreement or as part of an administrative proceeding, under
the IDEA from the District of Columbia: Provided, That as
part of the certification, the Chief Financial Officer of the
District of Columbia require all attorneys in IDEA cases to
disclose any financial, corporate, legal, memberships on
boards of directors, or other relationships with any special
education diagnostic services, schools, or other special
education service providers to which the attorneys have
referred any clients as part of this certification: Provided
further, That the Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations
of the Senate and the House of

[[Page S892]]

Representatives on the certification of and the amount paid
by the government of the District of Columbia, including the
District of Columbia Public Schools, to attorneys in cases
brought under IDEA: Provided further, That the Inspector
General of the District of Columbia may conduct
investigations to determine the accuracy of the
certifications.

DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

Division of Expenses

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision
of law, except as provided in section 450A of the District of
Columbia Home Rule Act and section 119 of this Act (Public
Law 93-198; D.C. Official Code, sec. 1-204.50a), the total
amount appropriated in this Act for operating expenses for
the District of Columbia for fiscal year 2003 under this
heading shall not exceed the lesser of the sum of the total
revenues of the District of Columbia for such fiscal year or
$6,433,359,000 (of which $3,783,948,000 shall be from local
funds, $1,824,578,000 shall be from Federal funds, and
$879,813,000 shall be from private and other funds) and
$156,121,000 from intra-District funds: Provided further,
That this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act as
amended by this Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2003,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.

Governmental Direction and Support

Governmental direction and support, $295,136,000 (including
$225,234,000 from local funds, $51,554,000 from Federal
funds, and $18,348,000 from other funds): Provided, That not
to exceed $2,500 for the Mayor, $2,500 for the Chairman of
the Council of the District of Columbia, and $2,500 for the
City Administrator shall be available from this appropriation
for official purposes, and $2,500 for the Office of the Chief
Financial Officer: Provided further, That any program fees
collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia
shall identify the sources of funding for Admission to
Statehood from its own locally-generated revenues: Provided
further, That notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Office of the
Chief Technology Officer's delegated small purchase authority
shall be $500,000: Provided further, That the District of
Columbia government may not require the Office of the Chief
Technology Officer to submit to any other procurement review
process, or to obtain the approval of or be restricted in any
manner by any official or employee of the District of
Columbia government, for purchases that do not exceed
$500,000: Provided further, That of all funds in the District
of Columbia Antitrust Fund established pursuant to section 2
of the District of Columbia Antitrust Act of 1980, effective
March 5, 1981 (D.C. Law 3-169; D.C. Official Code Sec. 28-
4516), an amount not to exceed $500,000, of all funds in the
Antifraud Fund established pursuant to section 820 of the
District of Columbia Procurement Practices Act of 1985,
effective February 21, 1986 (D.C. Law 6-85; D.C. Official
Code Sec. 2-308.20), an amount not to exceed $100,000, and of
all funds in the District of Columbia Consumer Protection
Fund established pursuant to section 1402 of the District of
Columbia Budget Support Act for Fiscal Year 2001, effective
October 19, 2000 (D.C. Law 13-172; D.C. Official Code
Sec. 28-3911), an amount not to exceed $910,000, are hereby
made available for the use of the Office of the Corporation
Counsel of the District of Columbia until September 30, 2004,
in accordance with the statutes that established these funds:
Provided further, That $15,000,000, from funds appropriated
earlier in this Act as a Federal Payment to the Chief
Financial Officer of the District of Columbia, shall be
administered by the Chief Financial Officer for education,
security, economic development, and health initiatives in the
District of Columbia.

Economic Development and Regulation

Economic development and regulation, $258,539,000
(including $64,553,000 from local funds, $97,796,000 from
Federal funds, and $96,190,000 from other funds), of which
$15,000,000 collected by the District of Columbia in the form
of BID tax revenue shall be paid to the respective BIDs
pursuant to the Business Improvement Districts Act of 1996
(D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et
seq.), and the Business Improvement Districts Amendment Act
of 1997 (D.C. Law 12-26; D.C. Official Code, sec. 2-1215.15
et seq.): Provided, That such funds are available for
acquiring services provided by the General Services
Administration: Provided further, That Business Improvement
Districts shall be exempt from taxes levied by the District
of Columbia: Provided further, That $725,400, of which no
amount may be expended for administrative expenses, shall be
available to Department of Employment Services when the
Council Committee on Public Services approves a spending plan
prepared and submitted, by the agency, to the Committee on
Public Services for its approval.

Public Safety and Justice

Public safety and justice, $639,892,000 (including
$620,039,000 from local funds, $11,329,000 from Federal
funds, and $8,524,000 from other funds): Provided, That not
to exceed $500,000 shall be available from this appropriation
for the Chief of Police for the prevention and detection of
crime: Provided further, That not less than $240,000 shall be
for the Corrections Information Council, established by
section 11201(g) of the National Capital Revitalization and
Self-Government Improvement Act of 1997, approved August 5,
1997 (111 Stat. 736; D.C. Official Code, sec. 24-101(h)), to
support its operations and perform its duties; not less than
$169,000 shall be for the Criminal Justice Coordinating
Council, established by the Criminal Justice Coordinating
Council for the District of Columbia Establishment Act of
2001, effective October 3, 2001 (D.C. Law 14-28; D.C.
Official Code, sec. 22-4231 et seq.), to support its
operations and perform its duties: Provided further, That the
Mayor shall reimburse the District of Columbia National Guard
for expenses incurred in connection with services that are
performed in emergencies by the National Guard in a militia
status and are requested by the Mayor, in amounts that shall
be jointly determined and certified as due and payable for
these services by the Mayor and the Commanding General of the
District of Columbia National Guard: Provided further, That
such sums as may be necessary for reimbursement to the
District of Columbia National Guard under the preceding
proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting
payment in advance for emergency services involved.

Public Education System

(INCLUDING TRANSFER OF FUNDS)

Public education system, including the development of
national defense education programs, $1,220,201,000
(including $980,206,000 from local funds, $208,870,000 from
Federal funds, $31,525,000 from other funds), and an
additional amount, not to exceed $27,000,000, which may be
transferred from the Medicaid and Special Education Reform
Fund, established by the Medicaid and Special Education
Reform Fund Establishment Act of 2002, approved by the
Council of the District of Columbia on 1st reading on May 7,
2002 (Bill 14-609): to be allocated as follows:
(1) Public schools for the district of columbia.--
$903,157,000 (including $743,715,000 from local funds,
$147,800,000 from Federal funds, $11,642,000 from other
funds, for the public schools of the District of Columbia),
and an additional amount, not to exceed $27,000,000 in local
funds, which may be transferred from the Medicaid and Special
Education Reform Fund, established by the Medicaid and
Special Education Reform Fund Establishment Act of 2002,
approved by the Council of the District of Columbia on 1st
reading on May 7, 2002 (Bill 14-609): Provided, That
notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for
evaluating District of Columbia Public School employees shall
be a non-negotiable item for collective bargaining purposes:
Provided further, That this appropriation shall not be
available to subsidize the education of any nonresident of
the District of Columbia at any District of Columbia public
elementary and secondary school during fiscal year 2003
unless the nonresident pays tuition to the District of
Columbia at a rate that covers 100 percent of the costs
incurred by the District of Columbia which are attributable
to the education of the nonresident (as established by the
Superintendent of the District of Columbia Public Schools):
Provided further, That notwithstanding the amounts otherwise
provided under this heading or any other provision of law,
there shall be appropriated to the District of Columbia
Public Schools on July 1, 2003, an amount equal to 10 percent
of the total amount provided for the District of Columbia
Public Schools in the proposed budget of the District of
Columbia for fiscal year 2004 (as submitted to Congress), and
the amount of such payment shall be chargeable against the
final amount provided for the District of Columbia Public
Schools under the District of Columbia Appropriations Act,
2004: Provided further, That the District of Columbia Public
Schools shall not spend less than $496,000,000 in the
``Schools'' responsibility centers, including 5100
(Elementary Schools), 6300 (Middle/Junior High Schools), 7100
(Senior High Schools), and 7700 (Charter and Private
Schools): Provided further, That $16,800,000 shall be for
negotiated teacher wage increases.
(2) The state education office.--$49,687,000 (including
$22,594,000 from local funds, $26,917,000 from Federal funds,
$176,000 from other funds), shall be available for the State
Education Office: Provided, That of the amounts provided to
the State Education Office, $500,000 from local funds shall
remain available until June 30, 2004 for an audit of

[[Page S893]]

the student enrollment of each District of Columbia Public
School and of each public charter school.
(3) The district of columbia public charter schools.--
$132,865,000 from local funds shall be available for public
charter schools: Provided, That there shall be quarterly
disbursement of funds to the District of Columbia public
charter schools, with the first payment to occur within 15
days of the beginning of each fiscal year: Provided further,
That if the entirety of this allocation has not been provided
as payments to any public charter school currently in
operation through the per pupil funding formula, the funds
shall be available in accordance with the School Reform Act
of 1995 (Public Law 105-100, sec. 172; D.C. Official Code,
sec. 38-1804.03(b)(2)): Provided further, That of the amounts
made available to public charter schools, $25,000 shall be
made available to the Office of the Chief Financial Officer
as authorized by D.C. Official Code, sec. 38-1804.03(b)(6):
Provided further, That $589,000 of this amount shall be
available to the District of Columbia Public Charter School
Board for administrative costs: Provided further, That
notwithstanding the amounts otherwise provided under this
heading or any other provision of law, there shall be
appropriated to the District of Columbia public charter
schools on July 1, 2003, an amount equal to 25 percent of the
total amount provided for payments to public charter schools
in the proposed budget of the District of Columbia for fiscal
year 2004 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided
for such payments under the District of Columbia
Appropriations Act, 2004.
(4) The university of the district of columbia.--
$83,990,000 (including $52,272,000 from local funds,
$12,668,000 from Federal funds, and $19,050,000 from other
funds) shall be available for the University of the District
of Columbia: Provided, That this appropriation shall not be
available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year ending
September 30, 2003, a tuition rate schedule that will
establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the
metropolitan area: Provided further, That notwithstanding the
amounts otherwise provided under this heading or any other
provision of law, there shall be appropriated to the
University of the District of Columbia on July 1, 2003, an
amount equal to 10 percent of the total amount provided for
the University of the District of Columbia in the proposed
budget of the District of Columbia for fiscal year 2004 (as
submitted to Congress), and the amount of such payment shall
be chargeable against the final amount provided for the
University of the District of Columbia under the District of
Columbia Appropriations Act, 2004: Provided further, That not
to exceed $2,500 for the President of the University of the
District of Columbia shall be available from this
appropriation for official purposes.
(5) The district of columbia public library.--$28,150,000
(including $27,003,000 from local funds, $610,000 from
Federal funds and $537,000 other funds) shall be available
for the Public Library: Provided, That not to exceed $2,000
for the Public Librarian shall be available from this
appropriation for official purposes.
(6) The commission on the arts and humanities.--$2,352,000
(including $1,757,000 from local funds, $475,000 from Federal
funds and $120,000 from other funds) shall be available for
the Commission on the Arts and Humanities.
(7) Charter school facilities.--$20,000,000, from funds
appropriated earlier in this Act as a Federal Payment, to
remain available until expended, for development of Charter
School facilities in the District of Columbia.

Administrative Provision

Sec. 11. Charter School Fund. The School Reform Act of
1995, approved November 19, 1997 (Public Law 105-100, sec.
172; 111 Stat. 2191; D.C. Official Code, sec. 38-1804.03(b)),
is amended to read as follows:
``(b) Payments to Charter Schools.--
``(1) Establishment of fund.--The fund previously
established in the general fund of the District of Columbia
known as the `New Charter School Fund' shall now be known as
the `Charter School Fund'.
``(2) Contents of fund.--The Charter School Fund shall
consist of:
``(A) unexpended and unobligated amounts appropriated from
local funds for public charter schools for each fiscal year
that reverted to the general fund of the District of
Columbia: Provided, That the amount of funds deposited shall
not be an amount greater than is necessary to reach a balance
of $10,000,000 from the fiscal year 2002 appropriation, and
$5,000,000 from fiscal year 2003 and succeeding years
appropriation; and
``(B) any interest earned on such amounts, to carry out the
purposes described in paragraph (3) of this subsection.
``(3) Purposes of fund.--The Charter School Fund shall be
used to carry out the activities to assist public charter
schools in the District of Columbia in providing funding in
such cases where the total audited enrollment, including
enrollment in special needs categories, exceeds that of the
student enrollment on which the annual appropriation is based
in that fiscal year.
``(4) Expenditures from fund.--
``(A) Expenditures from the fund for enrollment in excess
of annual public charter school projections.--Funds shall be
available from the Charter School Fund for any public charter
school operating in that fiscal year, in such cases where the
total audited enrollment, including enrollment in special
needs categories, exceeds that of the student enrollment on
which the annual appropriation is based in that fiscal year.
``(B) Form of payment.--Payments under this subsection
shall be made by electronic funds transfer from the Charter
School Fund to a bank designated by a public charter school.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Chief Financial Officer
of the District of Columbia such sums as may be necessary to
carry out the purposes of this subsection for each fiscal
year.''.

Human Support Services

(Including Transfer of Funds)

Human support services, $2,500,297,000 (including
$1,069,630,000 from local funds, $1,377,680,000 from Federal
funds, and $52,987,000 from other funds): Provided, That an
additional amount of $23,867,000 from funds appropriated in
this Act under the heading ``Tobacco Settlement Trust Fund
Transfer Payment'', which may be transferred from the
Medicaid and Special Education Reform Fund, established by
the Medicaid and Special Education Reform Fund Establishment
Act of 2002, approved by the Council of the District of
Columbia on 1st reading on May 7, 2002 (Bill 14-609), of
which, not to exceed, $7,072,000 for Child and Family
Services, $5,795,000 for the Department of Human Services,
and $1,000,000 for the Department of Health: Provided
further, That $49,867,000, to remain available until
expended, shall be deposited in the Medicaid and Special
Education Reform Fund for the purpose of ensuring there are
adequate resources available to support Medicaid costs and
revenue shortfalls: Provided further, That $27,959,000, to
remain available until expended, shall be available solely
for District of Columbia employees' disability compensation:
Provided further, That $7,000,000, to remain available until
expended, shall be deposited in the Addiction Recovery Fund,
established pursuant to section 5 of the Choice in Drug
Treatment Act of 2000, effective July 8, 2000 (D.C. Law 13-
146; D.C. Official Code, sec. 7-3004), and used exclusively
for the purpose of the Drug Treatment Choice Program,
established pursuant to section 4 of the Choice in Drug
Treatment Act of 2000 (D.C. Law 13-146; D.C. Official Code,
sec. 7-3003): Provided further, That no less than $2,000,000
shall be available exclusively for the purpose of funding the
pilot substance abuse program for youths 16 through 21 years
of age established by section 4212 of the Pilot Substance
Abuse Program for Youth Act of 2001, effective October 3,
2001 (D.C. Law 14-28; D.C. Official Code, sec. 7-3101):
Provided further, That $7,309,000 of this appropriation, to
remain available until expended, shall be deposited in the
Interim Disability Assistance Fund to be used exclusively for
the Interim Disability Assistance program established by
section 201 of the District of Columbia Public Assistance Act
of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C.
Official Code, sec. 4-202.01), and the purposes for that
program set forth in section 407 of the District of Columbia
Public Assistance Act of 1982, effective April 3, 2001 (D.C.
Law 13-252; D.C. Official Code, sec. 4-204.07): Provided
further, That no less than $500,000 shall be available
exclusively for the Mobile Crisis Intervention Program for
Kids: Provided further, That the paragraph under the heading
``Human Support Services'' in Public Law 107-96, approved
December 21, 2001, is amended to add the following: ``:
Provided further, That $2,468,000 shall remain available
until expended for Interim Disability Assistance'': Provided
further, That $4,000,000, from funds previously appropriated
in this Act as a Federal Payment for Family Literacy, shall
be used for the Family Literacy Program in the District of
Columbia.

Public Works

Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and leasing of passenger-carrying vehicles, $324,828,000
(including $309,834,000 from local funds, $4,669,000 from
Federal funds, and $10,325,000 from other funds): Provided,
That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of
business.

Workforce Investments

For workforce investments, $54,186,000 from local funds, to
be transferred by the Mayor of the District of Columbia
within the various appropriation headings in this Act for
which employees are properly payable.

Reserve

For replacement of funds expended, if any, during fiscal
year 2002 from the Reserve established by section 202(j) of
the District of Columbia Financial Responsibility and
Management Assistance Act of 1995, Public Law 104-8,
$70,000,000 from local funds.

Emergency and Contingency Reserve Funds

For the Emergency and Contingency Reserve Funds established
under section 450A(b) of the District of Columbia Home Rule
Act (Public Law 93-198; D.C. Official Code, sec. 1-
204.50a(b)), the Mayor may deposit from local funds the
proceeds required

[[Page S894]]

to maintain balance requirements pursuant to section 159(a)
of Public Law 106-522 and section 404(c) of Public Law 106-
554.

Repayment of Loans and Interest

For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Columbia
to fund District of Columbia capital projects as authorized
by sections 462, 475, and 490 of the District of Columbia
Home Rule Act (Public Law 93-198; D.C. Official Code, secs.
1-204.62, 1-204.75, 1-204.90), $267,451,000 from local funds:
Provided, That for equipment leases, the Mayor may finance
$14,300,000 of equipment cost, plus cost of issuance not to
exceed 2 percent of the par amount being financed on a lease
purchase basis with a maturity not to exceed 5 years.

Repayment of General Fund Recovery Debt

For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990,
$39,300,000 from local funds, as authorized by section 461(a)
of the District of Columbia Home Rule Act, (105 Stat. 540;
D.C. Official Code, sec. 1-204.61(a)).

Payment of Interest on Short-Term Borrowing

For payment of interest on short-term borrowing, $1,000,000
from local funds.

Wilson Building

For expenses associated with the John A. Wilson Building,
$4,194,000 from local funds.

Non-Departmental Agency

To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed
budget including anticipated employee health insurance cost
increases and contract security costs, $5,799,000 from local
funds.

Certificates of Participation

For principal and interest payments on the District's
Certificates of Participation, issued to finance the ground
lease underlying the building located at One Judiciary Square
$7,950,000 from local funds.

Settlements and Judgments

For making refunds and for the payment of legal settlements
or judgments that have been entered against the District of
Columbia government $22,822,000: Provided, That this
appropriation shall not be construed as modifying or
affecting the provisions of section 103 of this Act.

Tobacco Settlement Trust Fund Transfer Payment

Subject to the issuance of bonds to pay the purchase price
of the District of Columbia's right, title, and interest in
and to the Master Settlement Agreement, and consistent with
the Tobacco Settlement Trust Fund Amendment Act of 2000,
effective October 20, 1999 (D.C. Law 13-38; D.C. Official
Code sec. 7-1811.01 et. seq), there is transferred the amount
available pursuant thereto, but not to exceed $50,867,000 to
the Tobacco Settlement Trust Fund established pursuant to
section 2302 of the Tobacco Settlement Trust Fund
Establishment Act of 1999 (D.C. Official Code, sec. 7-
1811.01) and the Tobacco Settlement Financing Act of 2000,
effective October 19, 2000 (D.C. Law 13-172; D.C. Official
Code, sec. 7-1831.03 et seq.): Provided, That no more than
$27,000,000 is authorized to be transferred to the Public
Education System: Provided further, That no more than
$23,867,000 is authorized to be transferred to Human Support
Services: Provided further, that $50,867,000 shall remain
available until expended: Provided further, That such
transfers are subject to local law.

Emergency Preparedness

For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, from funds appropriated earlier in this Act as a
Federal Payment, to remain available until expended, to
reimburse the District of Columbia for the costs of public
safety expenses related to security events in the District of
Columbia and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the
District of Columbia or surrounding jurisdictions: Provided,
That the Chief Financial Officer of the District of Columbia
shall provide a report, within 15 days of an expenditure, to
the President and to the Committees on Appropriations of the
Senate and the House of Representatives, detailing any
expenditure of these funds for public safety purposes.

Pay-as-You-Go Capital

For Pay-As-You-Go Capital funds in lieu of capital
financing, $16,750,000, to be transferred to the Capital
Fund, subject to the ``Criteria for Spending Pay-as-You-Go
Funding Amendment Act of 2002, approved by the Council of the
District of Columbia on 1st reading, May 7, 2002 (Title 34 of
Bill 14-609). Pursuant to that Act, there are authorized to
be transferred from Pay-As-You-Go Capital funds to other
headings of this Act, as necessary to carry out the purposes
of that Act.

Capital Infrastructure Development

For improvement of city-wide capital infrastructure in the
District of Columbia, $13,100,000, from funds appropriated
earlier in this Act as a Federal payment, of which
$10,000,000 shall be for construction of interoperable
communications infrastructure in the Unified Communications
Center; $100,000 shall be for capital improvements of Eastern
Market; $3,000,000 shall be to begin the design and
construction of a state-of-the-art forensics laboratory.

Administrative Provisions

Sec. 12. Charter School Fund Transfer. Notwithstanding any
other provision of law, $5,000,000 from the New Charter
School Fund (renamed by this Act, ``Charter School Fund''),
established pursuant to the School Reform Act of 1995 (Public
Law 105-100, sec. 172; 111 Stat. 2191, 2192, 2193; D.C.
Official Code, sec. 38-1804.03(b)), shall be deposited, not
later than January 1, 2003, into the credit enhancement
revolving fund, established pursuant to the Student Loan
Marketing Association Reorganization Act of 1996 (Public Law
104-208; 110 Stat. 3009-293, as amended by Public Law 107-96,
Fsical Year 2002 District of Columbia Appropriations Act).
Sec. 13. Reprogramming During Fiscal Year That is not a
Control Year. Section 47-363(a-1) of the District of Columbia
Official Code is amended by adding new paragraphs (3), (4),
and (5) to read as follows:
``(3)(A) After the adoption of the annual budget for a
fiscal year that is not a control year, no reprogramming of
amounts in the budget may occur unless:
``(i) The Mayor submits a request for such reprogramming to
the Chief Financial Officer of the District of Columbia;
``(ii) The Chief Financial Officer transmits to the Council
a statement certifying the availability of the funds for such
reprogramming and containing an analysis of the effect of the
proposed reprogramming on the financial plan and budget for
the fiscal year; and
``(iii) The Council approves the request after receiving
the statement described in sub-subparagraph (ii) of this
subparagraph from the Chief Financial Officer.
``(B) If the Chief Financial Officer does not transmit to
the Council the statement described in subparagraph (A)(ii)
of this paragraph during the 15-day period, which begins on
the date the Chief Financial Officer receives the request for
reprogramming from the Mayor, the Chief Financial Officer
shall be deemed to have transmitted the statement to the
Council. With written notice to the Mayor and Council, the
Chief Financial Officer may extend the time period to
transmit the statement and analysis to the Council, not to
exceed 10 additional days.
``(4) After the adoption of the annual budget for a fiscal
year that is a non-control year, no reprogramming of amounts
in the budget may occur unless the Mayor submits to the
Council a request for such reprogramming and the Council
approves the request, but only if any additional expenditures
provided under such request for an activity are offset by
reductions in expenditures for another activity.
``(5) For the purposes of this subsection, the term control
year has the meaning given such term in section 305(4) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995, approved April 17, 1995 (109 Stat.
152; D.C. Official Code, sec. 47-393(4)).''.
Sec. 14. Collective Bargaining Representation. From the
funds appropriated under this act, any agency of the District
government may transfer to the Office of Labor Relations and
Collective Bargaining (OLRCB) such amounts as may be
necessary to pay for representation by OLRCB in third-party
cases, grievances, and dispute resolution, pursuant to an
intra-District agreement with OLRCB. These amounts shall be
available for use by OLRCB to reimburse the cost of providing
the representation.

ENTERPRISE AND OTHER FUNDS

Water and Sewer Authority

For operation of the Water and Sewer Authority,
$253,743,000 from other funds of which $18,093,000 shall be
apportioned for repayment to the District's debt service fund
for repayment of loans and interest incurred on capital
improvement projects.
For construction projects, $342,458,000, in the following
capital programs: $213,669,000 for the Blue Plains Wastewater
Treatment Plant, $24,539,000 for the sewer program,
$56,561,000 for the combined sewer program, of which
$50,000,000 is from funds appropriated earlier in this Act as
a Federal Payment for Anacostia Waterfront Initiative,
$5,635,000 for the stormwater program, $34,054,000 for the
water program, $8,000,000 for the capital equipment program:
Provided, That the requirements and restrictions that are
applicable to general fund capital improvements projects and
set forth in this Act under the Capital Outlay appropriation
account shall apply to projects approved under this
appropriation account.

Washington Aqueduct

For operation of the Washington Aqueduct, $57,847,000 from
other funds.

Stormwater Permit Compliance Enterprise Fund

For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,100,000 from other funds.

Lottery and Charitable Games Enterprise Fund

For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act,
1982 (95 Stat. 1174, 1175; Public Law 97-91), for the purpose
of implementing the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the
District of Columbia (D.C. Law 3-172; D.C. Official Code,
sec. 3-1301 et seq. and sec. 22-1716 et seq.), $232,881,000:
Provided, That the District of Columbia shall identify the
source of funding for this appropriation title from the

[[Page S895]]

District's own locally generated revenues: Provided further,
That no revenues from Federal sources shall be used to
support the operations or activities of the Lottery and
Charitable Games Control Board.

Sports and Entertainment Commission

For the Sports and Entertainment Commission, $20,510,000,
of which $15,510,000 is from other funds and $5,000,000 is
from funds appropriated earlier in this Act as a Federal
Payment for Anacostia Waterfront Initiative.

District of Columbia Retirement Board

For the District of Columbia Retirement Board, established
by section 121 of the District of Columbia Retirement Reform
Act of 1979 (93 Stat. 866; D.C. Official Code, sec. 1-711),
$13,388,000 from the earnings of the applicable retirement
funds to pay legal, management, investment, and other fees
and administrative expenses of the District of Columbia
Retirement Board: Provided, That the District of Columbia
Retirement Board shall provide to the Congress and to the
Council of the District of Columbia a quarterly report of the
allocations of charges by fund and of expenditures of all
funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of such
funds in time for each annual audited financial report.

Washington Convention Center Enterprise Fund

For the Washington Convention Center Enterprise Fund,
$78,700,000 from other funds.

National Capital Revitalization Corporation

For the National Capital Revitalization Corporation,
$6,745,000 from other funds.

CAPITAL OUTLAY

(including rescissions)

For construction projects, an increase of $1,235,518,908 of
which $253,991,128 shall be from a rescission from local
funds appropriated under this heading in prior fiscal years,
for a net amount of $981,527,780 to remain available until
expended: Provided, That funds for use of each capital
project implementing agency shall be managed and controlled
in accordance with all procedures and limitations established
under the Financial Management System: Provided further, That
all funds provided by this appropriation title shall be
available only for the specific projects and purposes
intended: Provided further, That the District of Columbia
Public Libraries shall allocate capital funds, from existing
resources, in fiscal year 2003 for the planning and design of
a new Francis Gregory Public Library.

GENERAL PROVISIONS

Sec. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That in the case of the Council of the District of Columbia,
funds may be expended with the authorization of the chair of
the Council.
Sec. 103. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District
of Columbia Income and Franchise Tax Act of 1947 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 104. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 105. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 106. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade, and
salary are not available for inspection by the House and
Senate Committees on Appropriations, the House Committee on
Government Reform, the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or
their duly authorized representative.
Sec. 107. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or
propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending
before Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of
the issues referred to in subsection (b).
Sec. 108. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowings and spending progress compared with
projections.
Sec. 109. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2003, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for an
agency through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or
responsibility center; (3) establishes or changes allocations
specifically denied, limited or increased by Congress in this
Act; (4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred
through reprogramming; (6) augments existing programs,
projects, or responsibility centers through a reprogramming
of funds in excess of $1,000,000 or 10 percent, whichever is
less; or (7) increases by 20 percent or more personnel
assigned to a specific program, project or responsibility
center; unless the Committees on Appropriations of both the
Senate and House of Representatives are notified in writing
30 days in advance of any reprogramming as set forth in this
section.
(b) None of the local funds contained in this Act may be
available for obligation or expenditure for an agency through
a transfer of any local funds from one appropriation heading
to another unless the Committees on Appropriations of the
Senate and House of Representatives are notified in writing
30 days in advance of the transfer, except that in no event
may the amount of any funds transferred exceed four percent
of the local funds in the appropriation.
Sec. 110. Consistent with the provisions of 31 U.S.C.
1301(a), appropriations under this Act shall be applied only
to the objects for which the appropriations were made except
as otherwise provided by law.
Sec. 111. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139;
D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant
to section 422(3) of the District of Columbia Home Rule Act
(87 Stat. 790; Public Law 93-198; D.C. Official Code, sec. 1-
204.22(3)), shall apply with respect to the compensation of
District of Columbia employees: Provided, That for pay
purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United
States Code.
Sec. 112. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 2003, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 2003 revenue
estimates as of the end of the first quarter of fiscal year
2003. These estimates shall be used in the budget request for
the fiscal year ending September 30, 2004. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 113. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85;
D.C. Code, sec. 2-303.03), except that the District of
Columbia government or any agency thereof may renew or extend
sole source contracts for which competition is not feasible
or practical: Provided, That the determination as to whether
to invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and
said determination has been reviewed and certified by the
Chief Financial Officer of the District of Columbia.
Sec. 114. (a) In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 (99 Stat. 1037; Public Law 99-177), after the
amounts appropriated to the District of Columbia for the
fiscal year involved have been paid to the District of
Columbia, the Mayor of the District of Columbia shall pay to
the Secretary of the Treasury, within 15 days after receipt
of a request therefor from the Secretary of the Treasury,
such amounts as are sequestered by the order: Provided, That
the sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-
177), the term

[[Page S896]]

``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 115. (a)(1) In General.--An entity of the District of
Columbia government may accept and use a gift or donation
during fiscal year 2003 and any subsequent fiscal year if--
(A) the Mayor approves the acceptance and use of the gift
or donation (except as provided in paragraph (2)); and
(B) the entity uses the gift or donation to carry out its
authorized functions or duties.
(2) The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts without
prior approval by the Mayor.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a), and
shall make such records available for audit and public
inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 116. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 117. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 118. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples.
Sec. 119. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer may accept, obligate, and expend Federal, private,
and other grants received by the District government that are
not reflected in the amounts appropriated in this Act.
(b) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until--
(1) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(2) the Council within 15 calendar days after receipt of
the report submitted under paragraph (1) has reviewed and
approved the acceptance, obligation, and expenditure of such
grant.
(c) No amount may be obligated or expended from the general
fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
this subsection.
(d) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted
to the Council of the District of Columbia, and to the
Committees on Appropriations of the House of Representatives
and the Senate, not later than 15 days after the end of the
quarter covered by the report.
Sec. 120. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) in the case of an officer or employee of the
Metropolitan Police Department who resides in the District of
Columbia or is otherwise designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of
Columbia).
(b) The Chief Financial Officer of the District of Columbia
shall submit, by February 15, 2003, an inventory, as of
September 30, 2002, of all vehicles owned, leased or operated
by the District of Columbia government. The inventory shall
include, but not be limited to, the department to which the
vehicle is assigned; the year and make of the vehicle; the
acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current
mileage; and whether the vehicle is allowed to be taken home
by a District officer or employee and if so, the officer or
employee's title and resident location.
(c) No officer or employee of the District of Columbia
government (including any independent agency of the District
but excluding the Office of the Chief Technology Officer, the
Chief Financial Officer of the District of Colubmia, and the
Metropolitan Police Department) may enter into an agreement
in excess of $2,500 for the procurement of goods or services
on behalf of any entity of the District government until the
officer or employee has conducted an analysis of how the
procurement of the goods and services involved under the
applicable regulations and procedures of the District
government would differ from the procurement of the goods and
services involved under the Federal supply schedule and other
applicable regulations and procedures of the General Services
Administration, including an analysis of any differences in
the costs to be incurred and the time required to obtain the
goods or services.
Sec. 121. Notwithstanding any other provision of law, not
later than 120 days after the date that a District of
Columbia Public Schools (DCPS) student is referred for
evaluation or assessment--
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who
may have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C.
1401(a)(1)) or in section 7(8) of the Rehabilitation Act of
1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS
shall place that student in an appropriate program of special
education services.
Sec. 122. (a) No funds appropriated in this Act may be made
available to any person or entity that violates the Buy
American Act (41 U.S.C. 10a-10c).
(b)(1) In the case of any equipment or product that may be
authorized to be purchased with financial assistance provided
using funds made available in this Act, it is the sense of
the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) In providing financial assistance using funds made
available in this Act, the head of each agency of the Federal
or District of Columbia government shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 123. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2003 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief
Financial Officer of the District of Columbia, pursuant to
section 208(a)(4) of the District of Columbia Procurement
Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the
revenues submitted in the budget document for such year and
the appropriations enacted into law for such year using the
format, terminology, and classifications contained in the law
making the appropriations for the year and its legislative
history.
Sec. 124. None of the funds contained in this Act may be
used by the District of Columbia Corporation Counsel or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
Sec. 125. (a) None of the Federal funds contained in this
Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any
illegal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in this
Act.
Sec. 126. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of
any chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District) who has not filed a certification with

[[Page S897]]

the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's
agency as a result of this Act (and the amendments made by
this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be submitted,
and the District's Chief Financial Officer shall provide to
the Committees on Appropriations of the Senate and the House
of Representatives by the 10th day after the end of each
quarter a summary list showing each report, the due date and
the date submitted to the committees.
Sec. 127. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 128. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 129. (a) If the Superior Court of the District of
Columbia or the District of Columbia Court of Appeals does
not make a payment described in subsection (b) prior to the
expiration of the 45-day period which begins on the date the
Court receives a completed voucher for a claim for the
payment, interest shall be assessed against the amount of the
payment which would otherwise be made to take into account
the period which begins on the day after the expiration of
such 45-day period and which ends on the day the Court makes
the payment.
(b) A payment described in this subsection is--
(1) a payment authorized under section 11-2604 and section
11-2605, D.C. Code (relating to representation provided under
the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code; or
(3) a payment for counsel authorized under section 21-2060,
D.C. Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings,
and Durable Power of Attorney Act of 1986).
(c) The chief judges of the Superior Court of the District
of Columbia and the District of Columbia Court of Appeals
shall establish standards and criteria for determining
whether vouchers submitted for claims for payments described
in subsection (b) are complete, and shall publish and make
such standards and criteria available to attorneys who
practice before such Courts.
(d) Nothing in this section shall be construed to require
the assessment of interest against any claim (or portion of
any claim) which is denied by the Court involved.
(e) This section shall apply with respect to claims
received by the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals during fiscal year
2003, claims received previously that remained unpaid at the
end of fiscal year 2002, which would have qualified for
interest payment under this section, and to claims in any
subsequent fiscal year.
Sec. 130. The Mayor of the District of Columbia shall
submit to the Senate and House Committees on Appropriations,
the Senate Governmental Affairs Committee, and the House
Government Reform Committee quarterly reports addressing the
following issues--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to drug abuse treatment, including the number of
treatment slots, the number of people served, the number of
people on waiting lists, and the effectiveness of treatment
programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway house escapes and steps taken
to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the number and
type of grants awarded to the District but for which the
District failed to spend the amounts received; and
(7) indicators of child well-being.
Sec. 131. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 132. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council a revised
appropriated funds operating budget in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (Public Law 93-198; D.C. Official Code, sec. 1-204.42),
for all agencies of the District of Columbia government for
such fiscal year that is in the total amount of the approved
appropriation and that realigns all budgeted data for
personal services and other-than-personal-services,
respectively, with anticipated actual expenditures.
Sec. 133. In addition to any other authority to pay claims
and judgments, any department, agency, or instrumentality of
the District government may pay the settlement or judgment of
a claim or lawsuit in an amount less than $10,000, in
accordance with the Risk Management for Settlements and
Judgments Amendment Act of 2000, effective October 19, 2000
(D.C. Law 13-172; D.C. Official Code, sec. 2-402).
Sec. 134. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the
District of Columbia Commission on Human Rights relating to
docket numbers 93-030-(PA) and 93-031-(PA).
Sec. 135. None of the funds contained in this Act may be
made available to pay the fees of an attorney who represents
a party in an action or any attorney who defends any action,
including an administrative proceeding, brought against the
District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) in
excess of $3,000 for that action.
This division may be cited as the ``District of Columbia
Appropriations Act, 2003''.

DIVISION D--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003

Making appropriations for energy and water development for the fiscal
year ending September 30, 2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, for energy and water development,
and for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood control, shore protection, and related purposes.

General Investigations

For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$148,304,000, to remain available until expended.

Construction, General

For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute a
commitment of the Government to construction),
$1,636,602,000, to remain available until expended, of which
such sums as are necessary for the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund, as authorized by Public Law 104-303;
and of which such sums as are necessary pursuant to Public
Law 99-662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and
rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock
and Dam 24, Mississippi River, Illinois and Missouri; Lock
and Dam 3, Mississippi River, Minnesota; and London Locks and
Dam, Kanawha River, West Virginia, projects: Provided, That
using $2,000,000 of the funds provided herein, the Secretary
of the Army, acting through the Chief of Engineers, is
directed to conduct, at full Federal expense, technical
studies of individual ditch systems identified by the State
of Hawaii, and to assist the State in diversification by
helping to define the cost of repairing and maintaining
selected ditch systems: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is
directed to use $2,000,000 of the funds appropriated herein
to continue construction of the navigation project at
Kaumalapau Harbor, Hawaii: Provided further, That the
Secretary of the Army is directed to use $5,000,000 of the
funds provided herein for Dam safety and Seepage/Stability
Correction Program to continue construction of seepage
control features at Waterbury Dam, Vermont: Provided further,
That the Secretary of the Army, acting through the Chief of
Engineers, is directed to

[[Page S898]]

use $11,400,000 of the funds appropriated herein to proceed
with planning, engineering, design or construction of the
Grundy, Buchanan County, and Dickenson County, Virginia
elements of the Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River Project: Provided further, That
the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $5,500,000 of the funds
appropriated herein to proceed with the planning,
engineering, design or construction of the Lower Mingo
County, Upper Mingo County, Wayne County, McDowell County,
West Virginia elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River Project: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to continue the Dickenson
County Detailed Project Report as generally defined in Plan 4
of the Huntington District Engineer's Draft Supplement to the
Section 202 General Plan for Flood Damage Reduction dated
April 1997, including all Russell Fork tributary streams
within the County and special considerations as may be
appropriate to address the unique relocations and
resettlement needs for the flood prone communities within the
County: Provided further, That the Assistant Secretary of the
Army, acting through the Chief of Engineers is directed to
proceed with the construction of the Dallas Floodway
Extension, Texas, in accordance with the Chief of Engineers
report dated December 7, 1999: Provided further, That the
Assistant Secretary of the Army, acting through the Chief of
Engineers is directed to proceed with the construction of the
Seward Harbor, Alaska project, in accordance with the Report
of the Chief of Engineers dated June 8, 1999 and the economic
justification contained therein: Provided further, That the
Assistant Secretary of the Army, acting through the Chief of
Engineers is directed to proceed with the construction of the
Wrangell Harbor, Alaska project in accordance with the Chief
of Engineer's report dated December 23, 1999: Provided
further, That, of the funds provided herein, $3,000,000 shall
be made available for the Galena Bank Stabilization Project
in Galena, Alaska: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is
authorized and directed to use $5,000,000 of Construction,
General funding as provided herein for construction of an
emergency outlet from Devils Lake, North Dakota, to the
Sheyenne River, at an estimated total cost of $100,000,000,
which shall be cost-shared in accordance with section 103 of
the Water Resources Development Act of 1986, as amended (33
U.S.C. 2213), except that the funds shall not become
available unless the Secretary of the Army determines that an
emergency (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)) exists with respect to the emergency need for
the outlet and reports to Congress that the construction is
technically sound and environmentally acceptable, and in
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.): Provided further, That the
justification for the emergency outlet shall be fully
described, including the analysis of the benefits and costs,
in the project plan documents: Provided further, That the
plans for the emergency outlet shall be reviewed and, to be
effective, shall contain assurances provided by the Secretary
of State, that the project will not violate the Treaty
Between the United States and Great Britain Relating to the
Boundary Waters Between the United States and Canada, signed
at Washington, January 11, 1909 (36 Stat. 2448; TS 548)
(commonly known as the ``Boundary Waters Treaty of 1909''):
Provided further, That the Secretary of the Army shall submit
the final plans and other documents for the emergency outlet
to Congress: Provided further, That no funds made available
under this Act or any other Act for any fiscal year may be
used by the Secretary of the Army to carry out the portion of
the feasibility study of the Devils Lake Basin, North Dakota,
authorized under the Energy and Water Development
Appropriations Act, 1993 (Public Law 102-377), that addresses
the needs of the area for stabilized lake levels through
inlet controls, or to otherwise study any facility or carry
out any activity that would permit the transfer of water from
the Missouri River Basin into Devils Lake.

Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

For expenses necessary for prosecuting work of flood
control, rescue work, repair, restoration, or maintenance of
flood control projects threatened or destroyed by flood, as
authorized by law (33 U.S.C. 702a and 702g-1), $346,437,000,
to remain available until expended: Provided, That the
Secretary of the Army, acting through the Chief of Engineers,
using $15,000,000 of the funds provided herein, is directed
to continue design and real estate activities and to initiate
the pump supply contract for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the pump
supply contract shall be performed by awarding continuing
contracts in accordance with 33 U.S.C. Sec. 621.

Operation and Maintenance, General

For expenses necessary for the protection, preservation,
operation, maintenance, and care of existing river and
harbor, flood control, and related works, including such sums
as may be necessary for the maintenance of harbor channels
provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of
general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of
obstructions to navigation, $1,956,182,000, to remain
available until expended, of which such sums as become
available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that Fund, and of
which such sums as become available from the special account
established by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l), may be derived from that account
for construction, operation, and maintenance of outdoor
recreation facilities: Provided, That of funds appropriated
herein, for the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, the Secretary of the
Army, acting through the Chief of Engineers, is directed to
reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the
SR1 Bridge from station 58+00 to station 293+00 between May
12, 1997 and September 30, 2002.

Regulatory Program

For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$144,252,000, to remain available until expended.

Formerly Utilized Sites Remedial Action Program

For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as
part of the Nation's early atomic energy program,
$140,298,000, to remain available until expended.

Flood Control and Coastal Emergencies

For expenses necessary for emergency flood control,
hurricane response, and emergency shore protection, and
related activities, $20,227,000, to remain available until
expended.

General Expenses

For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, and headquarters support functions at the
USACE Finance Center, $155,651,000, to remain available until
expended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the
executive direction and management activities of the division
offices: Provided further, That none of these funds shall be
available to support an Office of Congressional Affairs
within the Executive Office of the Chief of Engineers.

Administrative Provisions

Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of
passenger motor vehicles.

GENERAL PROVISIONS

Corps of Engineers--Civil

Sec. 101. Agreements proposed for execution by the
Assistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the
enactment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64-291; section 11 of the
River and Harbor Act of 1925, Public Law 68-585; the Civil
Functions Appropriations Act, 1936, Public Law 75-208;
section 215 of the Flood Control Act of 1968, as amended,
Public Law 90-483; sections 104, 203, and 204 of the Water
Resources Development Act of 1986, as amended (Public Law 99-
662); section 206 of the Water Resources Development Act of
1992, as amended, Public Law 102-580; section 211 of the
Water Resources Development Act of 1996, Public Law 104-303,
and any other specific project authority, shall be limited to
credits and reimbursements per project not to exceed
$10,000,000 in each fiscal year, and total credits and
reimbursements for all applicable projects not to exceed
$50,000,000 in each fiscal year.
Sec. 102. St. Georges Bridge, Delaware. None of the funds
made available in this Act may be used to carry out any
activity relating to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, including a hearing or
any other activity relating to preparation of an
environmental impact statement concerning the closure or
removal.
Sec. 103. Section 595(h)(1) of Public Law 106-53 is amended
by striking ``$25,000,000'' and inserting in lieu thereof
``$100,000,000''.
Sec. 104. The Secretary of the Army, acting through the
Chief of Engineers is directed to increase the use of the
private sector in performing planning, engineering and design
work for Corps' projects to 40 percent of the planning,
engineering and design work conducted by the Corps.
Sec. 105. St. Paul Island Harbor, St. Paul, Alaska
Technical Corrections. Section 101(b)(3) of Public Law 104-
303 (the Water Resources Development Act of 1996), (110 Stat.
3667) is amended by--
(1) striking ``$18,981,000'' and inserting in lieu thereof
``$52,300,000''; and
(2) striking ``$12,239,000'' and inserting in lieu thereof
``$45,558,000''.
Sec. 106. Abiquiu Dam, New Mexico. Section 1112 of Public
Law 99-662 (the Water Resources Development Act of 1986),
(100 Stat.

[[Page S899]]

4232) is amended by striking ``$2,700,000'' and inserting in
lieu thereof ``$10,000,000''.
Sec. 107. The project for flood control, Las Vegas Wash and
Tributaries (Flamingo and Tropicana Washes), Nevada,
authorized by section 101(13) of Public Law 102-580 [106
Stat. 4803] is modified to include as a part of the project
channel crossings that are necessary for those existing and
proposed highways and roads shown on the Clark County
Comprehensive Plan Transportation Element, approved by the
Clark County Board of County Commissioners on October 1,
1996. The performance of work required for construction of
such channel crossings and the costs incurred in performing
such work shall be considered part of the non-Federal
sponsor's responsibility to provide lands, easements, and
rights-of-way, and to perform relocations for the project.
Costs incurred in performing such work may not exceed
$16,000,000.
Sec. 108. The Secretary of the Army may expend funds under
normal competitive procedures for necessary maintenance of
the dredge McFARLAND. The Secretary shall not obligate any
funds to place the dredge in ready reserve status.
Sec. 109. Atlantic Intracoastal Waterway Bridge Replacement
at Great Bridge, Chesapeake, Virginia. The project for
replacement of the bridge at Great Bridge, Chesapeake,
Virginia, authorized by Section 339(h) of Public Law 104-59
is modified to authorize the Secretary to construct the
project at an estimated cost of $46,000,000.
Sec. 110. None of the funds appropriated herein or
hereafter in this Act, or any other Act, shall be used to
study or implement any plans privatizing, divesting or
transferring of any Civil Works missions, functions, or
responsibilities for the U.S. Army Corps of Engineers to
other government agencies without specific direction in a
subsequent Act of Congress.
Sec. 111. The project for flood control for the American
and Sacramento Rivers, California, authorized by Section
101(a)(1) of the Water Resources Development Act of 1996
(Public Law 104-303) and Section 366 of the Water Resources
Development Act of 1999, is modified to authorize the
Secretary of the Army, acting through the Chief of Engineers,
to construct the project at a total cost of $205,000,000,
with an estimated Federal share of $153,840,000 and an
estimated non-Federal share of $51,160,000. For purposes of
section 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2213), the modifications authorized by this
section shall be subject to the same cost sharing in effect
for the project authorized by 101(a)(1) of the Water
Resources Development Act of 1996.
Sec. 112. The project for flood control for Terminus Dam,
Kaweah River, California, authorized by Section 101(b)(5) of
the Water Resources Development Act of 1996, is modified to
authorize the Secretary of the Army, acting through the Chief
of Engineers, to construct the project at a total cost of
$50,000,000, with an estimated Federal share of $28,600,000
and an estimated non-Federal share of $21,400,000.

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

central utah project completion account

For carrying out activities authorized by the Central Utah
Project Completion Act, $34,902,000, to remain available
until expended, of which $11,259,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the
Interior, $1,326,000, to remain available until expended.

Bureau of Reclamation

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:

water and related resources

(including transfer of funds)

For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, Indian tribes, and others,
$816,147,000, to remain available until expended, of which
$36,400,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $34,327,000 shall be available
for transfer to the Lower Colorado River Basin Development
Fund; of which such amounts as may be necessary may be
advanced to the Colorado River Dam Fund; of which $4,600,000
shall be for on-reservation water development, feasibility
studies, and related administrative costs under Public Law
106-163; (of which not more than 25 percent of the amount
provided for drought emergency assistance may be used for
financial assistance for the preparation of cooperative
drought contingency plans under title II of Public Law 102-
250;) and of which not more than $500,000 is for high
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased
within the overall appropriation under this heading: Provided
further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which contributed: Provided further,
That funds advanced under 43 U.S.C. 397a shall be credited to
this account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided further, That funds available for expenditure for
the Departmental Irrigation Drainage Program may be expended
by the Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That section 301 of
Public Law 102-250, Reclamation States Emergency Drought
Relief Act of 1991, as amended, is amended further by
inserting ``2002, and 2003'' in lieu of ``and 2002''.

central valley project restoration fund

For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $48,904,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575.

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFER OF FUNDS)

For carrying out authorized activities that are in accord
with the CALFED Bay-Delta Program, including activities that
would improve fish and wildlife habitat, water supply
reliability, and water quality, consistent with plans to be
approved by the Secretary of the Interior, $0, to remain
available until expended, of which such amounts as may be
necessary to carry out such activities may be transferred to
appropriate accounts of other participating Federal agencies
to carry out authorized purposes: Provided, That funds
appropriated herein may be used for the Federal share of the
costs of CALFED Program management.

policy and administration

For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$54,870,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.

administrative provision

Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed four passenger motor
vehicles for replacement only.

GENERAL PROVISIONS

DEPARTMENT OF THE INTERIOR

Sec. 201. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New
Mexico unless said purchase or lease is in compliance with
the purchase requirements of section 202 of Public Law 106-
60.
Sec. 202. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation. Such
leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in
which the purchase takes place and the purchase does not
cause economic harm within the State in which the purchase is
made.
Sec. 203. The natural desert terminal lakes program
administered by the Bureau of Reclamation shall apply only to
Walker and Pyramid Lakes in the State of Nevada.
Sec. 204. The Commissioner of the Bureau of Reclamation is
directed to increase the use of the private sector in
performing planning, engineering and design work for Bureau
of Reclamation's projects to 10 percent in fiscal year 2003,
and in each subsequent year until the level of work is at
least 40 percent for the planning, engineering and design
work conducted by the Bureau of Reclamation.
Sec. 205. North Central Montana Rural Water Supply. Using
previously appropriated funds, the Bureau is directed to
undertake activities related to the development of the North
Central Montana Rural Water Supply system. Such sums shall
remain available, without fiscal year limitation, until
expended.
Sec. 206. Section 8 of Public Law 104-298 (the Water
Desalination Act of 1996), (110 Stat. 3624) is amended
further by--
(1) in paragraph (a) by striking ``2002'' and inserting in
lieu thereof ``2004''; and
(2) in paragraph (b) by striking ``2002'' and inserting in
lieu thereof ``2004''.
Sec. 207. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San

[[Page S900]]

Luis Unit until development by the Secretary of the Interior
and the State of California of a plan, which shall conform to
the water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Supply

For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for energy supply, and uranium
supply and enrichment activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $815,306,000, to
remain available until expended.

Non-Defense Environmental Management

For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction or expansion, $176,000,000, to
remain available until expended.

Uranium Facilities Maintenance and Remediation

(including transfer of funds)

For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium processing
facilities, $471,154,000, of which $334,523,000 shall be
derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, all of which shall remain available
until expended.

Science

For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 25 passenger motor
vehicles for replacement only, $3,329,456,000, to remain
available until expended.

Nuclear Waste Disposal

For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $56,000,000, to remain available until expended
and to be derived from the Nuclear Waste Fund: Provided, That
$2,500,000 shall be provided to the State of Nevada solely
for expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended: Provided further, That $6,000,000 shall be provided
to affected units of local governments, as defined in Public
Law 97-425, to conduct appropriate activities pursuant to the
Act: Provided further, That the distribution of the funds as
determined by the units of local government shall be approved
by the Department of Energy: Provided further, That the funds
for the State of Nevada shall be made available solely to the
Nevada Division of Emergency Management by direct payment and
units of local government by direct payment: Provided
further, That within 90 days of the completion of each
Federal fiscal year, the Nevada Division of Emergency
Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of
Energy that all funds expended from such payments have been
expended for activities authorized by Public Law 97-425 and
this Act. Failure to provide such certification shall cause
such entity to be prohibited from any further funding
provided for similar activities: Provided further, That none
of the funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action on any matter
pending before Congress or a State legislature or for
lobbying activity as provided in 18 U.S.C. 1913; (2) used for
litigation expenses; or (3) used to support multi-State
efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided
further, That all proceeds and recoveries by the Secretary in
carrying out activities authorized by the Nuclear Waste
Policy Act of 1982 in Public Law 97-425, as amended,
including but not limited to, any proceeds from the sale of
assets, shall be available without further appropriation and
shall remain available until expended.

Departmental Administration

For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $235,000,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $137,524,000 in
fiscal year 2003 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during fiscal
year 2003 so as to result in a final fiscal year 2003
appropriation from the General Fund estimated at not more
than $97,476,000.

Office of the Inspector General

For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $37,671,000, to remain
available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Weapons Activities

For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase of
passenger motor vehicles (not to exceed one for replacement
only), $6,108,959,000, to remain available until expended:
Provided, That $16,000,000 is authorized to be appropriated
for Project 03-D-103, LANL administration building, Los
Alamos National Laboratory, Los Alamos, New Mexico: Provided
further, That $123,000,000 is authorized to be appropriated
for Project 01-D-108, Microsystems and engineering sciences
applications (MESA), Sandia National Laboratories,
Albuquerque, New Mexico.

Defense Nuclear Nonproliferation

For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense, Defense Nuclear Nonproliferation activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,115,630,000, to remain available until
expended.

Naval Reactors

For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $706,790,000, to remain
available until expended.

Office of the Administrator

For necessary expenses of the Office of the Administrator
of the National Nuclear Security Administration, including
official reception and representation expenses (not to exceed
$12,000), $335,929,000, to remain available until expended.

OTHER DEFENSE RELATED ACTIVITIES

Defense Environmental Restoration and Waste Management

For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental restoration and waste management activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion; and the purchase of 24 passenger motor vehicles
for replacement only, $5,370,532,000, to remain available
until expended.

Defense Facilities Closure Projects

For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including
the purchase, construction and acquisition of plant and
capital equipment and other necessary

[[Page S901]]

expenses, $1,125,314,000, to remain available until expended.

Defense Environmental Management Privatization

For Department of Energy expenses for privatization
projects necessary for atomic energy defense environmental
management activities authorized by the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $158,399,000, to
remain available until expended.

Other Defense Activities

For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense, other
defense activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $537,664,000, to
remain available until expended.

Defense Nuclear Waste Disposal

For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $280,000,000, to remain available until expended.

Power Marketing Administrations

Bonneville Power Administration Fund

Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $1,500. During fiscal year 2003, no new direct
loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to the provisions of section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $4,534,000, to remain available
until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, up to $14,463,000 collected by the
Southeastern Power Administration pursuant to the Flood
Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures.

Operation and Maintenance, Southwestern Power Administration

For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southwestern power area, $27,378,000, to remain available
until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, not to exceed $16,455,000 in
reimbursements, to remain available until expended: Provided,
That up to $1,912,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to
this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.

Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500, $168,858,000, to remain available until
expended, of which $156,124,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
of the amount herein appropriated, $6,100,000 is for deposit
into the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects
Authorization and Adjustment Act of 1992: Provided further,
That up to $186,124,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That, of the amounts
appropriated, not less than $400,000 to be spent as described
in House Report 107-258 under this heading shall be
nonreimbursable: Provided further, That, of the amount
appropriated for corridor review and environmental review
required for the construction of a 230 kv transmission line
between Belfield and Hettinger, not less than $200,000 shall
be provided for corridor review and environmental review for
the construction of a high voltage line in Western North
Dakota that would facilitate the upgrade of the Miles City DC
tie.

Falcon and Amistad Operating and Maintenance Fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,734,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995.

Federal Energy Regulatory Commission

salaries and expenses

For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $192,000,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed
$192,000,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2003 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced as revenues are received during fiscal year 2003 so
as to result in a final fiscal year 2003 appropriation from
the General Fund estimated at not more than $0.

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

Sec. 301. (a) None of the funds appropriated by this Act
may be used to award a management and operating contract
unless such contract is awarded using competitive procedures
or the Secretary of Energy grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Secretary may not
delegate the authority to grant such a waiver.
(b) At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a
waiver, the Secretary shall submit to the Subcommittees on
Energy and Water Development of the Committees on
Appropriations of the House of Representatives and the Senate
a report notifying the subcommittees of the waiver and
setting forth the reasons for the waiver.
Sec. 302. None of the funds appropriated by this Act may be
used to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,

under section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42
U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the $22,965,000 made available for obligation
by this Act for severance payments and other benefits and
community assistance grants under section 3161 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h) unless
the Department of Energy submits a reprogramming request
subject to approval by the appropriate Congressional
committees.
Sec. 304. None of the funds appropriated by this Act may be
used to prepare or initiate Requests For Proposals (RFPs) for
a program if the program has not been funded by Congress.

(transfers of unexpended balances)

Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this title. Balances so transferred may be merged
with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 306. None of the funds in this Act may be used to
dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess of
20 percent by weight for the aggregate of any material
category on the date of enactment of this Act, or is
generated after such date. For the purposes of this section,
the material categories of transuranic waste at the Rocky
Flats Environmental Technology Site include: (1) ash
residues; (2) salt residues; (3) wet residues; (4) direct
repackage residues; and (5) scrub alloy as referenced in the
``Final Environmental Impact Statement on Management of
Certain Plutonium Residues and Scrub Alloy Stored at the
Rocky Flats Environmental Technology Site''.
Sec. 307. The Administrator of the National Nuclear
Security Administration may authorize the plant manager of a
covered nuclear weapons production plant to engage in
research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities at
such plant in order to maintain and enhance such capabilities
at such plant: Provided, That of the amount allocated to a
covered nuclear weapons production plant each fiscal year
from amounts available to the Department of Energy for such
fiscal year for national security programs, not more than an
amount equal to 2 percent of such amount may be used for
these activities: Provided further, That for purposes of this
section, the term ``covered nuclear weapons production
plant'' means the following:

[[Page S902]]

(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y-12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
Sec. 308. The Administrator of the National Nuclear
Security Administration may authorize the manager of the
Nevada Operations Office to engage in research, development,
and demonstration activities with respect to the development,
test, and evaluation capabilities necessary for operations
and readiness of the Nevada Test Site: Provided, That of the
amount allocated to the Nevada Operations Office each fiscal
year from amounts available to the Department of Energy for
such fiscal year for national security programs at the Nevada
Test Site, not more than an amount equal to 2 percent of such
amount may be used for these activities.
Sec. 309. Funds appropriated in Public Law 107-066 for the
Kachemak Bay submarine cable project may be available to
reimburse the local sponsor for the federal share of the
project costs assumed by the local sponsor prior to final
passage of that Act.
Sec. 310. Stay and Reinstatement of FERC License No. 11393.
(a) Upon the request of the licensee for FERC Project No.
11393, the Federal Energy Regulatory Commission shall issue
an order staying the license.
(b) Upon the request of the licensee for FERC Project No.
11393, but not later than 6 years after the date that the
Federal Energy Regulatory Commission receives written notice
that construction of the Swan-Tyee transmission line is
completed, the Federal Energy Regulatory Commission shall
issue an order lifting the stay and make the effective date
of the license the date on which the stay is lifted.
(c) Upon request of the licensee for FERC Project No. 11393
and notwithstanding the time period specified in section 13
of the Federal Power Act for the commencement of
construction, the Commission shall, after reasonable notice
and in accordance with the good faith, due diligence, and
public interest requirements of that section, extend the time
period during which licensee is required to commence the
construction of the project for not more than one 2-year time
period.
Sec. 311. (a) None of the funds made available under the
accounts ``non-defense environmental management'', ``uranium
facilities maintenance and remediation'', ``defense
environmental restoration and waste management'', or
``defense facilities closure projects'' may be obligated at a
Department of Energy site or laboratory, or in association
with a site or laboratory, if the effect of such would result
in the Department of Energy exceeding for that site or
laboratory the comparable current-year level of funding, or
the amount of the fiscal year 2003 budget request, whichever
is greater.
(b) The limitation of subsection (a) will not apply to a
site or laboratory after such time that the Department has
entered into a final revised clean-up agreement and a final
performance management plan for that site or laboratory
consistent with the intent of the Department's environmental
management acceleration and reform initiative.

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, notwithstanding section 405 of said Act and for
necessary expenses for the Federal Co-Chairman and the
alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $74,400,000, to
remain available until expended.

Defense Nuclear Facilities Safety Board

Salaries and Expenses

For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $19,000,000, to remain available until
expended.

Delta Regional Authority

Salaries and Expenses

For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding section 382N
of said Act, $15,000,000, to remain available until expended.

Denali Commission

For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $50,000,000, to
remain available until expended.

Nuclear Regulatory Commission

Salaries and Expenses

For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $578,184,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $24,900,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $520,087,000 in fiscal year 2003
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2003 so as to result in
a final fiscal year 2003 appropriation estimated at not more
than $58,097,000.

Office of Inspector General

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $6,800,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $6,392,000 in fiscal year 2003 shall be retained
and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2003 so as to result in a final fiscal year 2003
appropriation estimated at not more than $408,000.

Nuclear Waste Technical Review Board

Salaries and Expenses

For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,200,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.

TITLE V

GENERAL PROVISIONS

Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in section 1913 of title 18,
United States Code.
Sec. 502. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 503. Section 309 of Title III--Denali Commission of
Division C--Other Matters of Public Law 105-277, as amended,
is further amended by striking ``2003'' and inserting in lieu
thereof ``thereafter''.
This division may be cited as the ``Energy and Water
Development Appropriations Act, 2003''.

DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2003

Making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2003, and for other purposes,
namely:

TITLE I--EXPORT AND INVESTMENT ASSISTANCE

export-import bank of the united states

The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further, That
notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall
remain in effect through September 30, 2003.

subsidy appropriation

For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import

[[Page S903]]

Bank Act of 1945, as amended, $541,400,000, to remain
available until September 30, 2006: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall remain available
until September 30, 2021 for the disbursement of direct
loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2003, 2004, 2005, and 2006:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, and related programs for tied-
aid credits or grants may be used for any other purpose
except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any
product by any East European country, any Baltic State or any
agency or national thereof.

administrative expenses

For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $68,300,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That, notwithstanding subsection
(b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October
1, 2003.

overseas private investment corporation

noncredit account

The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $39,885,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.

program account

For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: 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 further, That such sums shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2003 and 2004: Provided
further, That such sums shall remain available through fiscal
year 2011 for the disbursement of direct and guaranteed loans
obligated in fiscal year 2003, and through fiscal year 2012
for the disbursement of direct and guaranteed loans obligated
in fiscal year 2004.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.

Funds Appropriated to the President

trade and development agency

For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$44,696,000, to remain available until September 30, 2004.

TITLE II--BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2003,
unless otherwise specified herein, as follows:

united states agency for international development

child survival and health programs fund

For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds
otherwise available for such purposes, $1,790,000,000, to
remain available until expended: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which
directly address the needs of mothers and children, and
related education programs; (4) assistance for displaced and
orphaned children; (5) programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases;
and (6) family planning/reproductive health: Provided
further, That none of the funds appropriated under this
heading may be made available for nonproject assistance,
except that funds may be made available for such assistance
for ongoing health activities: Provided further, That of the
funds appropriated under this heading, not to exceed
$125,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of
child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further,
That the following amounts should be allocated as follows:
$350,000,000 for child survival and maternal health;
$25,000,000 for vulnerable children; $541,500,000 for HIV/
AIDS including not less than $18,000,000 which shall be made
available to support the development of microbicides as a
means for combating HIV/AIDS; $185,000,000 for other
infectious diseases, of which not less than $65,000,000
should be made available for the prevention, treatment, and
control of, and research on, tuberculosis, and of which not
less than $75,000,000 should be made available to combat
malaria; $368,500,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species; and $120,000,000 for
UNICEF: Provided further, That of the funds appropriated
under this heading, and in addition to funds allocated under
the previous proviso, $200,000,000 shall be made available,
notwithstanding any other provision of law, for a United
States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That of the funds
appropriated under this heading that are available for HIV/
AIDS programs and activities, up to $60,000,000 should be
made available for a United States contribution to The
Vaccine Fund, up to $12,000,000 should be made available for
the International AIDS Vaccine Initiative, and $100,000,000
should be made available for the International Mother and
Child HIV Prevention Initiative: Provided further, That
notwithstanding any other provision of this Act, funds
appropriated under this heading that are available for child
survival and health programs shall be apportioned to the
United States Agency for International Development, and the
authority of sections 632(a) or 632(b) of the Foreign
Assistance Act of 1961, or any comparable provision of law,
may not be used to transfer or allocate any part of such
funds to the Department of Health and Human Services
including any office of that agency, except that the
authority of those sections may be used to transfer or
allocate up to $25,000,000 of such funds to the Centers for
Disease Control and Prevention: Provided further, That none
of the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to
any organization or program which, as determined by the
President of the United States, supports or participates in
the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the
funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or
to motivate or coerce any person to practice abortions:
Provided further, That none of the funds made available under
this Act may be used to lobby for or against abortion:
Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the Administrator of the
United

[[Page S904]]

States Agency for International Development determines that
there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern
or practice of violations of the requirements contained in
paragraph (4) of this proviso, the Administrator shall submit
to the Committees on Appropriations a report containing a
description of such violation and the corrective action taken
by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or
conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That restrictions with
respect to assistance for HIV/AIDS, family planning, or child
survival and health activities shall not be construed to
restrict assistance in support of programs to expand the
availability and use of condoms for HIV/AIDS prevention and
of contraceptives from funds appropriated by this Act:
Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assistance
Act of 1961.

development assistance

For necessary expenses to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,365,500,000, to remain
available until September 30, 2004: Provided, That none of
the funds appropriated under title II of this Act that are
managed by or allocated to the United States Agency for
International Development's Global Development Alliance
Secretariat, may be made available except through the regular
notification procedures of the Committees on Appropriations:
Provided further, That $200,000,000 should be allocated for
children's basic education: Provided further, That none of
the funds appropriated under this heading may be made
available for any activity which is in contravention to the
Convention on International Trade in Endangered Species of
Flora and Fauna: Provided further, That of the funds
appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and
victims of war, not to exceed $32,500, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of such programs: Provided further,
That of the aggregate amount of the funds appropriated by
this Act that are made available for agriculture and rural
development programs, $35,000,000 should be made available
for plant biotechnology research and development: Provided
further, That not less than $2,300,000 should be made
available for core support for the International Fertilizer
Development Center: Provided further, That of the funds
appropriated under this heading, not less than $1,000,000
shall be made available for support of the United States
Telecommunications Training Institute: Provided further, That
of the funds appropriated under this heading, not less than
$19,000,000 should be made available for the American Schools
and Hospitals Abroad program: Provided further, That of the
funds appropriated by this Act, $450,000,000 should be made
available for water-related assistance programs, of which
$100,000,000 shall be made available for drinking water
supply projects: Provided further, That funds made available
under this heading should be made available for programs to
provide alternative livelihoods for Vietnamese coffee
growers.

international disaster assistance

For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $230,000,000, to remain available until expended.
In addition, for assistance for Afghanistan, $60,000,000 to
remain available until expended: Provided, That these funds
shall be used for humanitarian and reconstruction assistance
for the Afghan people including health and education
programs, housing, to improve the status of women,
infrastructure, to further political reforms, and assistance
for victims of war and displaced persons.

transition initiatives

For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$55,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance.

development credit authority

(including transfer of funds)

For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds when added to the
funds transferred pursuant to the authority contained under
this heading in Public Law 107-115, shall not exceed
$24,500,000, which shall be made available only for micro and
small enterprise programs, urban programs, and other programs
which further the purposes of part I of the Act: Provided
further, That of the funds made available pursuant to the
previous proviso, not less than $4,000,000 shall be made
available for urban programs: Provided further, That such
costs shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That the provisions of
section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance
Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan
guarantees provided under this heading. In addition, for
administrative expenses to carry out credit programs
administered by the United States Agency for International
Development, $7,591,000, which may be transferred to and
merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided
further, That funds made available under this heading shall
remain available until September 30, 2007.

payment to the foreign service retirement and disability fund

For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $45,200,000.

operating expenses of the united states agency for international
development

For necessary expenses to carry out the provisions of
section 667, $571,087,000: Provided, That none of the funds
appropriated under this heading may be made available to
finance the construction (including architect and engineering
services), purchase, or long term lease of offices for use by
the United States Agency for International Development,
unless the Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long term lease of
offices does not exceed $1,000,000.

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667, $65,000,000, to remain available
until expended: Provided, That of the funds appropriated
under this heading, not less than $13,000,000 shall be
available for the procurement and enhancement of information
technology and related capital investments: Provided further,
That of the funds appropriated under this heading, up to
$10,000,000 shall be made available for costs related to the
construction of temporary, secure facilities for United
States Agency for International Development personnel in
Afghanistan: Provided further, That the funds appropriated
under this heading are in addition to funds otherwise
available for such purposes.

operating expenses of the united states agency for international
development office of inspector general

For necessary expenses to carry out the provisions of
section 667, $33,046,000, to remain available until September
30, 2004, which sum shall be available for the Office of the
Inspector General of the United States Agency for
International Development.

Other Bilateral Economic Assistance

economic support fund

For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,260,000,000, to remain available
until September 30, 2004: Provided, That of the funds
appropriated under this heading, not less than $600,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act:
Provided further, That not less than $615,000,000 shall be
available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall
be provided with the understanding that Egypt will undertake
significant economic reforms which are additional to those
which were undertaken in previous fiscal years, and of which
not less than $200,000,000 shall be provided as Commodity
Import Program assistance: Provided further, That in
exercising the authority to provide cash transfer assistance
for Israel, the President shall ensure that the level of such
assistance does not cause an adverse impact on the total
level of nonmilitary exports from the United States to such
country and that Israel enters into a side letter agreement
in an amount proportional to the fiscal year 1999 agreement:
Provided further, That of the funds appropriated under this
heading and in addition to funds previously allocated, not
less

[[Page S905]]

than $5,000,000 should be made available for programs and
activities which bring together Arabs and Israelis to promote
understanding and shared solutions to common problems,
including through the ``Arava Institute for Environmental
Studies'', ``Seeds of Peace'', and ``Jerusalem International
YMCA'': Provided further, That of the funds appropriated
under this heading, $250,000,000 shall be made available for
assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $75,000,000
shall be made available for humanitarian, refugee,
reconstruction, and development activities, including
activities to promote democratic and economic reform, for the
West Bank and Gaza: Provided further, That not less than
$1,000,000 of the funds provided in the previous proviso may
be used to further legal reforms in the West Bank and Gaza,
including judicial training on commercial disputes and
ethics: Provided further, That $15,000,000 of the funds
appropriated under this heading shall be made available for
Cyprus to be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and
measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the
two communities on Cyprus: Provided further, That $35,000,000
of the funds appropriated under this heading shall be made
available for assistance for Lebanon to be used, among other
programs, for scholarships and direct support of the American
educational institutions in Lebanon: Provided further, That
none of the funds appropriated under this heading may be made
available for assistance for the Central Government of
Lebanon: Provided further, That the Government of Lebanon
should enforce the custody and international pickup orders,
issued during calendar year 2001, of Lebanon's civil courts
regarding abducted American children in Lebanon: Provided
further, That not less than $150,000,000 of the funds
appropriated under this Act shall be made available for
assistance for Indonesia, of which not less than $10,000,000
shall be made available for programs and activities in Aceh,
and not less than $5,000,000 for reconstruction and recovery
efforts in Bali: Provided further, That none of the funds
made available for Aceh in this Act may be used to construct
roads or other infrastructure that threatens the habitat of
orangutans or other endangered species: Provided further,
That of the funds appropriated under this heading, not less
than $25,000,000 shall be made available for assistance for
the Democratic Republic of Timor-Leste of which up to
$1,000,000 may be available for administrative expenses of
the United States Agency for International Development:
Provided further, That of the funds appropriated under this
heading, not less than $3,500,000 shall be made available for
assistance for countries to implement and enforce the
Kimberly Process Certification Scheme: Provided further, That
of the funds appropriated under this heading, not less than
$250,000 shall be made available for programs and activities
administered by the National Endowment for Democracy that
promote human rights in North Korea: Provided further, That
$3,000,000 shall be made available for the international
youth exchange program for secondary students from countries
with significant Muslim populations: Provided further, That
of the funds appropriated under this heading, $10,000,000
shall be made available to continue to support the provision
of wheelchairs for needy persons in developing countries:
Provided further, That funds appropriated under this heading
may be used, notwithstanding any other provision of law, to
provide assistance to the National Democratic Alliance of
Sudan to strengthen its ability to protect civilians from
attacks, slave raids, and aerial bombardment by the Sudanese
Government forces and its militia allies, and the provision
of such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That in the previous proviso, the term
``assistance'' includes non-lethal, non-food aid such as
blankets, medicine, fuel, mobile clinics, water drilling
equipment, communications equipment to notify civilians of
aerial bombardment, non-military vehicles, tents, and shoes:
Provided further, That of the funds appropriated under this
heading, not less than $10,000,000 shall be made available
during fiscal year 2003 for a contribution to the Special
Court for Sierra Leone: Provided further, That with respect
to funds appropriated under this heading in this Act or prior
Acts making appropriations for foreign operations, export
financing, and related programs, the responsibility for
policy decisions and justifications for the use of such
funds, including whether there will be a program for a
country that uses those funds and the amount of each such
program, shall be the responsibility of the Secretary of
State and the Deputy Secretary of State and this
responsibility shall not be delegated.

assistance for eastern europe and the baltic states

(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $530,000,000, to
remain available until September 30, 2004, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States: Provided, That funds made available for
assistance for Kosovo from funds appropriated under this
heading and under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement''
should not exceed 15 percent of the total resources pledged
by all donors for calendar year 2003 for assistance for
Kosovo as of March 31, 2003: Provided further, That none of
the funds made available under this Act for assistance for
Kosovo shall be made available for large scale physical
infrastructure reconstruction: Provided further, That of the
funds made available under this heading for assistance for
Kosovo, $2,000,000 shall be made available for assistance to
support training programs for Kosovar women: Provided
further, That of the funds made available under this heading
for assistance for Bulgaria, $5,000,000 shall be made
available for full scope simulators to enhance safety at
nuclear power plants: Provided further, That of the funds
made available under this heading, $750,000 shall be made
available for regional programs and activities to promote
reconciliation among ethnic groups within the former
Yugoslavia.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the 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.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the United States Agency for
International Development shall provide written approval for
grants and loans prior to the obligation and expenditure of
funds for such purposes, and prior to the use of funds that
have been returned or repaid to any lending facility or
grantee.
(e) The provisions of section 528 of this Act shall apply
to funds made available under subsection (d) and to funds
appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 528 of this Act, local currencies
generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between state sponsors of terrorism and
terrorist organizations and Bosnian officials has not been
terminated.

assistance for the independent states of the former soviet union

(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $765,000,000, to remain available until September
30, 2004: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
funds may be used for confidence-building measures and other
activities in furtherance of the peaceful resolution of the
regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
funds appropriated under this heading $17,500,000 shall be
made available solely for assistance for the Russian Far
East: Provided further, That, notwithstanding any other
provision of law, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
the FREEDOM Support Act (Public Law 102-511) shall be subject
to the ceiling on administrative expenses contained in
section 807(a)(5) of the FREEDOM Support Act.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$30,000,000 shall be made available for nuclear reactor
safety initiatives and not less than $3,000,000 shall be made
available for coal mine safety

[[Page S906]]

programs, including mine ventilation and fire prevention and
control.
(c) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia.
(d) Of the funds appropriated under this heading,
$87,000,000 should be made available for assistance for
Georgia.
(e)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation:
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing unimpeded access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.

Independent Agencies

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$16,385,000, to remain available until September 30, 2004.

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980, Public Law 96-533, $17,689,000, to remain available
until September 30, 2004: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That this authority applies to interest
earned both prior to and following enactment of this
provision: Provided further, That notwithstanding section
505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the board of directors of the
Foundation may waive the $250,000 limitation contained in
that section with respect to a project: Provided further,
That the Foundation shall provide a report to the Committees
on Appropriations after each time such waiver authority is
exercised.

peace corps

For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $285,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2004.

Department of State

international narcotics control and law enforcement

For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $196,713,000, to remain
available until expended: Provided, That any funds made
available under this heading for anti-crime programs and
activities shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2003, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing it
to a foreign country under chapter 8 of part I of that Act
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading, $20,000,000 should be
made available for anti-trafficking in persons programs,
including trafficking prevention, protection and assistance
for victims, and prosecution of traffickers: Provided
further, That of the funds appropriated under this heading,
not more than $24,300,000 may be available for administrative
expenses.

andean counterdrug initiative

For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 solely to support counterdrug
activities in the Andean region of South America,
$650,000,000, to remain available until expended: Provided,
That in addition to the funds appropriated under this heading
and subject to the regular notification procedures of the
Committees on Appropriations, the President may make
available up to an additional $35,000,000 for the Andean
Counterdrug Initiative, which may be derived from funds
appropriated under the heading ``International Narcotics
Control and Law Enforcement'' in this Act and in prior Acts
making appropriations for foreign operations, export
financing, and related programs: Provided further, That of
the amount appropriated under this heading, not less than
$225,000,000 shall be apportioned directly to the United
States Agency for International Development, to be used for
economic and social programs: Provided further, That of the
funds appropriated under this heading and under the heading
``Foreign Military Financing Program'', not less than
$5,000,000 shall be made available to train and equip a
Colombian Armed Forces unit dedicated to apprehending the
leaders of paramilitary organizations: Provided further, That
of the funds made available for assistance for Colombia under
this heading, up to $3,000,000 shall be made available for
commercially developed, web monitoring software, and training
on the usage thereof, for the Colombian National Police:
Provided further, That of the funds made available for
assistance for Colombia under this heading, not less than
$2,000,000 shall be made available for vehicles, equipment,
and other assistance for the human rights unit of the
Procurador General: Provided further, That funds appropriated
by this Act that are used for the procurement of chemicals,
equipment or services for aerial coca and poppy fumigation
programs may be made available for such programs only if the
Secretary of State and the Administrator of the Environmental
Protection Agency (EPA) certify to the Committees on
Appropriations that (1) an environmental impact statement
(EIS) has been completed in a manner consistent with that
required for comparable use of the herbicide mixture in the
United States; (2) the herbicide mixture is being used in
accordance with the EIS, EPA label requirements for
comparable use in the United States and any additional
controls recommended by the EPA for this program, and with
Colombian laws including the Environmental Management Plan
for aerial fumigation; (3) the herbicide mixture, in the
manner it is being used, does not pose unreasonable risks or
adverse effects to humans or the environment; and (4) there
is effective monitoring of compliance with the requirements
of this proviso; and the Secretary of State certifies that
effective procedures are being utilized to evaluate claims of
local citizens that their health was harmed or their licit
agricultural crops were damaged by such aerial coca and poppy
fumigation, and to provide fair compensation for meritorious
claims; and such funds may not be made available for such
purposes unless programs are being implemented by the United
States Agency for International Development and the
Government of Colombia, in consultation with local
communities, to provide alternative sources of income in
areas where security permits for small-acreage growers whose
illicit crops are targeted for fumigation: Provided further,
That section 482(b) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated under this heading:
Provided further, That assistance provided with funds
appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act
of 1961, as amended, shall be made available subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That the provisions of
section 3204(b) through (h) of Public Law 106-246, as amended
by Public Law 107-115, shall be applicable to funds
appropriated for fiscal year 2003: Provided further, That no
United States Armed Forces personnel or United States
civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided
further, That the President shall ensure that if any
helicopter procured with funds under this heading is used to
aid or abet the operations of any illegal self-defense group
or illegal security cooperative, such helicopter shall be
immediately returned to the United States: Provided further,
That of the funds appropriated under this heading, not less
than $3,500,000 shall be made available for assistance for
the Colombian National Park Service for training, equipment,
and other assistance to protect Colombia's national parks and
reserves: Provided further, That funds made available under
this heading shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading,
not more than $14,800,000 may be available for administrative
expenses of the Department of State, and not more than
$4,500,000 may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the United States Agency for International Development.

migration and refugee assistance

For expenses, not otherwise provided for, necessary to
enable the Secretary of State to

[[Page S907]]

provide, as authorized by law, a contribution to the
International Committee of the Red Cross, assistance to
refugees, including contributions to the International
Organization for Migration and the United Nations High
Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $787,000,000,
which shall remain available until expended: Provided, That
not more than $16,565,000 may be available for administrative
expenses: Provided further, That not less than $60,000,000 of
the funds made available under this heading shall be made
available for refugees from the former Soviet Union and
Eastern Europe and other refugees resettling in Israel:
Provided further, That funds made available under this
heading should be made available to international
organizations for assistance for refugees from North Korea.

united states emergency refugee and migration assistance fund

For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $32,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Act which
would limit the amount of funds which could be appropriated
for this purpose.

nonproliferation, anti-terrorism, demining and related programs

For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$306,400,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of
law, including activities implemented through nongovernmental
and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution
to the International Atomic Energy Agency: Provided, That of
this amount, $17,300,000 shall be made available for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided further, That of this
amount not to exceed $15,000,000, to remain available until
expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so following
consultation with the appropriate committees of Congress:
Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this
heading, $57,000,000 should be made available for demining
and related activities, of which not to exceed $675,000, in
addition to funds otherwise available for such purposes, may
be used for administrative expenses related to the operation
and management of the demining program: Provided further,
That the Secretary of State is authorized to support public-
private partnerships for mine action by grant, cooperative
agreement, or otherwise: Provided further, That of the funds
appropriated under this heading, $54,400,000 should be made
available for a voluntary contribution to the International
Atomic Energy Agency: Provided further, That of the funds
appropriated under this heading, $4,000,000 should be made
available to support the Small Arms Destruction Initiative.

Department of the Treasury

International Affairs Technical Assistance

For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating
to international affairs technical assistance activities),
$10,500,000, to remain available until expended, which shall
be available notwithstanding any other provision of law.

TITLE III--MILITARY ASSISTANCE

Funds Appropriated to the President

international military education and training

For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$80,000,000, of which up to $3,000,000 may remain available
until expended: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That none of
the funds appropriated under this heading may be made
available for travel or other purposes that do not directly
expose the individual participants to government officials or
institutions or to other individuals or organizations engaged
in activities involving public policy: Provided further, That
funds appropriated under this heading for military education
and training for Guatemala may only be available for expanded
international military education and training and funds made
available for Algeria and Guatemala may only be provided
through the regular notification procedures of the Committees
on Appropriations: Provided further, That the Secretary of
Defense, in consultation with the Secretary of State, shall
keep a record of each foreign military and civilian
participant in activities provided under this heading,
consistent with current Security Assistance Management Manual
practices, updated annually for at least six years after the
individual completes participation in such activities, and
such records shall be included in the database required by
section 548 of the Foreign Assistance Act of 1961.

foreign military financing program

For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,072,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,100,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days
of the enactment of this Act: Provided further, That to the
extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United
States, be available for advanced weapons systems, of which
not less than $550,000,000 shall be available for the
procurement in Israel of defense articles and defense
services, including research and development: Provided
further, That of the funds appropriated by this paragraph,
$198,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated by
this paragraph, not less than $3,000,000 shall be made
available for assistance for Armenia: Provided further, That
except as provided in the following proviso, none of the
funds appropriated by this paragraph shall be made available
for helicopters and related support costs for Colombia:
Provided further, That up to $88,000,000 of the funds
appropriated by this paragraph may be transferred to and
merged with funds appropriated under the heading ``Andean
Counterdrug Initiative'' for helicopters, training and other
assistance for the Colombian Armed Forces for security for
the Cano Limon pipeline: Provided further, That funds
appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made
available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That none of the funds appropriated under this
heading shall be available for assistance for Sudan and
Liberia: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision
of law, for demining, the clearance of unexploded ordnance,
and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That none of the funds
appropriated under this heading shall be available for
assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal
year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading
for procurement of defense articles, defense services or
design and construction services that are not sold by the
United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
further, That not more than $38,000,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales: Provided further, That not more than
$356,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of

[[Page S908]]

Defense during fiscal year 2003 pursuant to section 43(b) of
the Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures
of the Committees on Appropriations: Provided further, That
foreign military financing program funds estimated to be
outlayed for Egypt during fiscal year 2003 shall be
transferred to an interest bearing account for Egypt in the
Federal Reserve Bank of New York within 30 days of enactment
of this Act .

peacekeeping operations

For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$120,250,000: Provided, That of the funds appropriated under
this heading, not less than $7,000,000 should be made
available for assistance for Afghanistan: Provided further,
That of the funds appropriated under this heading, not less
than $50,000,000 should be available for assistance for
Africa Regional Peacekeeping Operations and the Africa Crisis
Response Initiative: Provided further, That none of the funds
appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.

TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

funds appropriated to the president

international financial institutions

global environment facility

For the United States contribution for the Global
Environment Facility, $177,812,533, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.

contribution to the international development association

For payment to the International Development Association by
the Secretary of the Treasury, $837,338,333, to remain
available until expended: Provided, That in negotiating
United States participation in the next replenishment of the
International Development Association, the Secretary of the
Treasury shall accord high priority to providing the
International Development Association with the policy
flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC
Initiative.

contribution to the multilateral investment guarantee agency

For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,631,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.

limitation on callable capital subscriptions

The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share
of such capital stock in an amount not to exceed $14,825,178.

Contribution to the Inter-American Investment Corporation

For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $18,351,667, for the United
States share of the increase in subscriptions to capital
stock, to remain available until expended.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND

For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $29,590,667, to
remain available until expended.

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $100,386,133, to remain available until
expended.

Contribution to the African Development Bank

For payment to the African Development Bank by the
Secretary of the Treasury, $5,104,473, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.

limitation on callable capital subscriptions

The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,602,688.

contribution to the african development fund

For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $108,073,333, to remain available until
expended.

contribution to the european bank for reconstruction and development

For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,804,955 for
the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.

limitation on callable capital subscriptions

The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$123,328,178.

contribution to the international fund for agricultural development

For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,003,667, to remain
available until expended.

international organizations and programs

For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $215,000,000: Provided, That none
of the funds appropriated under this heading may be made
available to the Korean Peninsula Energy Development
Organization or the International Atomic Energy Agency:
Provided further, That funds appropriated under this heading
in this Act and in Public Law 107-115 that were available for
the United Nations Population Fund (UNFPA) shall be made
available for UNFPA if the Secretary of State determines that
UNFPA no longer supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available for
the UNFPA may be used in the People's Republic of China:
Provided further, That the conditions on availability of
funds for the UNFPA as contained in section 576(c) of Public
Law 107-115 shall apply to any assistance provided for the
UNFPA in this Act: Provided further, That of the funds
appropriated under this heading, $12,025,000 shall be made
available for the United Nations Environment Program:
Provided further, That of the funds appropriated under this
heading, a total of $12,825,000 should be made available for
International Conservation Programs and the International
Panel on Climate Change/United Nations Framework Convention
on Climate Change: Provided further, That of the funds
appropriated under this heading, not less than the following
amounts should be made available for the following programs:
$6,500,000 for Organization of American States Democracy
Assistance Programs, $3,500,000 for the Organization of
American States Fund for Strengthening Democracy, $6,000,000
for the World Food Program, $2,000,000 for International
Contributions for Scientific, Educational, and Cultural
Activities, and $1,000,000 for the United Nations Center for
Human Settlements: Provided further, That of the funds
appropriated under this heading not less than $500,000 should
be made available for a United States contribution to the
International Coffee Organization (ICO) if the United States
becomes a member of the ICO prior to June 1, 2003.

TITLE V--GENERAL PROVISIONS

obligations during last month of availability

Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.

private and voluntary organizations

Sec. 502. (a) None of the funds appropriated or otherwise
made available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development
organization, which obtains less than 20 percent of its total
annual funding for international activities from sources
other than the United States Government: Provided, That the
Administrator of the United States Agency for International
Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the
restriction contained in this subsection, after taking into
account the effectiveness of the overseas development
activities of the organization, its level of volunteer
support, its financial viability and stability, and the
degree of its dependence for its financial support on the
agency.
(b) Funds appropriated or otherwise made available under
title II of this Act should be made available to private and
voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995.

limitation on residence expenses

Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.

limitation on expenses

Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.

limitation on representational allowances

Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be
available for representation allowances for the United States
Agency for

[[Page S909]]

International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $125,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.

prohibition on financing nuclear goods

Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.

prohibition against direct funding for certain countries

Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided,
That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents: Provided further, That assistance or other
financing under this Act may be provided for Iraq
notwithstanding the provisions of this section or any other
law, including comparable provisions contained in prior
foreign operations, export financing, and related programs
appropriations Acts, if the President determines that the
provision of assistance or other financing for Iraq is
important to the national security interests of the United
States: Provided further, That such assistance or financing
shall be subject to the regular notification procedures of
the Committees on Appropriations.

military coups

Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos 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 specifically
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 current fiscal
year are, if deobligated, hereby continued available 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
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, 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 Eastern
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 provision 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 government 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 government 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, following
consultations with the Committees on Appropriations, that
assistance to such country is in the national interest 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 capacity 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 Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
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 agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
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 International
Development Association, the International Finance
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 available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial 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 Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics 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 Development'', ``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 Appropriations
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

[[Page S910]]

the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, 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
reprogramming 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 Congress for obligation for such activity, program, or
project for the current fiscal year: Provided further, That
the requirements 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 appropriate
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 necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.

limitation on availability of funds for international organizations and
programs

Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 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 assistance 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 on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign 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 assets, investments, or
ventures.

Assistance may be furnished without regard to this subsection
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
government 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 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
environment and natural resources) of the Foreign Assistance
Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
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
Coordinator for United States Assistance to the New
Independent States and the implementing agency shall
encourage the participation of and give significant weight to
contractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind 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
Committees on Appropriations.

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 Democratic
Republic of the Congo except as provided through the regular
notification procedures of the Committees on Appropriations.

definition of program, project, and activity

Sec. 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
assistance accounts of the United States Agency for
International Development ``program, project, and activity''
shall also be considered to include central program level
funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.

child survival and health activities

Sec. 521. Up to $15,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival
and Health Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United
States Agency for International Development for the purpose
of carrying out activities under that heading: Provided, That
up to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may
be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further,
That funds appropriated by this Act that are made available
for child survival activities or health programs including
activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law: Provided further,
That funds appropriated under title II of this Act may be
made available pursuant to section 301 of the Foreign
Assistance Act of 1961 if a primary purpose of the assistance
is for child survival and related programs.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

Sec. 522. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.

AUTHORIZATION REQUIREMENT

Sec. 523. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.

[[Page S911]]

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
available for assistance for activities to support democracy,
human rights, and the rule of law in the People's Republic of
China, Hong Kong and Tibet, 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 nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development and
environmental conservation in Tibetan communities in Tibetan
autonomous areas, including the area designated as the
``Tibetan Autonomous Region'': Provided further, That funds
appropriated under this heading 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 provided 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
subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $20,000,000 shall be
made available for programs and activities to foster
democracy, human rights, civic education, women's
development, press freedoms, and the rule of law in countries
with a significant Muslim population, and where such programs
and activities would be important to United States efforts to
respond to, deter, or prevent acts of international
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 training 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 pursuant to this
subsection shall be subject to the regular notification
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 fiscal year 2003.

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

Sec. 525. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated 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 individual or
group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(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
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures 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 otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies 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
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.

DEBT-FOR-DEVELOPMENT

Sec. 527. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
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
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 Currencies.--(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 government 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, consistent 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 disbursements from the separate
account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited 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 currencies
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 subsection (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) 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 requirements 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 equivalent) used and/or to
be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) 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 transfer
assistance or as nonproject sector assistance, that country
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 Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
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,

[[Page S912]]

as appropriate, a description of the economic policy reforms
that will be promoted 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 institution while
the United States Executive Director to such institution 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 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 occupying 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 financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development 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 Foreign
Assistance Act of 1961 (including title IV of chapter 2 of
part I, relating to the Overseas Private Investment
Corporation) 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;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
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 appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
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 enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of 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 activity 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 section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.

special authorities

Sec. 533. (a) Afghanistan, Victims of War, Displaced
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 Appropriations,
to combat such trafficking, may be made available
notwithstanding any other provision of law: Provided, 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 Conservation
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 biodiversity conservation
activities and energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance 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 purpose
of providing direct, interim support for new or expanded
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 contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out the Foreign Assistance Act of
1961 may be made available for personal services contractors
assigned only to the Office of Health and Nutrition; the
Office of Procurement; the Bureau for Africa; the Bureau for
Latin America and the Caribbean; and the Bureau for Asia and
the Near East: Provided further, That such funds appropriated
to carry out title II of the Agricultural Trade Development
and Assistance 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 provisions of
section 1003 of Public Law 100-204 if the President
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 waiver 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.
(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, notwithstanding the funding
ceiling in section 451(a).
(f) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development
may provide an exception to the fair opportunity process for
placing task orders under such contracts 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, municipal, or other sub-
national entity emerging from instability, 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 commercial 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 regrettably
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 diplomatic 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 resolution 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 demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and,
(6) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination 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
businesses that do comply.

administration of justice activities

Sec. 535. Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be

[[Page S913]]

provided to strengthen the administration of justice in
countries in Latin America and the Caribbean and in other
regions consistent with the provisions of section 534(b) of
the Foreign Assistance Act of 1961, except that programs to
enhance protection of participants in judicial 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 Foreign Assistance Act of
1961.

eligibility for assistance

Sec. 536. (a) Assistance Through Nongovernmental
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 appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification
procedures of those committees, 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 subsection 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, restrictions
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 notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(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 Assistance
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 operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development that are
earmarked for particular programs or activities by this or
any 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
termination 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
availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be
obligated 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 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 Assistance 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 nongovernmental
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 appropriated 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 incurred 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 reports in writing to
the appropriate congressional committees that such fines and
penalties are fully paid to the governments 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 Appropriations of
the Senate and the Committee on International 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 President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public 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.

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 section 552(c) of
the Foreign Assistance Act of 1961, as amended, 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 Security 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 contained in paragraph (2)
thereof: Provided, That the determination 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 Committees 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 to such terms and
conditions as the President may prescribe.

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 Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian 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 further, 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 locations 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.

prohibition of payment of certain expenses

Sec. 547. None of the funds appropriated or otherwise made
available by this Act under

[[Page S914]]

the heading ``International 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 support a
Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees
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 elections;
(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 accountable governance.
(b) Waiver.--The President may waive the requirements 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 provisions of sections
543 and 551 of this Act.

TIBET

Sec. 549. The Secretary of the Treasury should instruct the
United States executive director to each international
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 Tibetan
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 President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver 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 evidence 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 responsible members of
the security forces unit to justice: Provided, 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 alleged 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 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 directly
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 available to
support policies and programs in developing countries,
countries in transition and other partner countries that
directly (1) promote a wide range of energy conservation,
energy efficiency and clean energy programs and activities,
including the transfer of clean and environmentally
sustainable energy technologies; (2) measure, monitor, and
reduce greenhouse gas emissions; (3) increase carbon
sequestration activities; and (4) enhance climate change
mitigation 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
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 Appropriations
describing in detail the following--
(1) all Federal agency obligations and expenditures,
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 associated costs by line item as
presented in the President'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 requested funds
by the United States Agency for International Development, by
country and central program, 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,
reporting, verification, and reduction of greenhouse gas
emissions; (3) to promote carbon capture and sequestration
measures; (4) to help meet such countries' responsibilities
under the Framework Convention on Climate Change; and (5) to
develop assessments of the vulnerability to impacts of
climate change and mitigation 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
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'',
``Nonproliferation, 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, including repairing homes of Afghan citizens
that were damaged or destroyed as a result of military
operations: Provided, That of the funds made available
pursuant to this section that are appropriated under the
heading ``Economic Support Fund'', not less than $5,000,000
shall be made available for assistance for women's resource
centers and other programs and activities directed by the
Afghan Ministry of Women's Affairs to promote girl's and
women's education, reproductive health, legal rights, and
economic opportunities.

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
``Foreign Military Financing Program'' may be made available
for Nigeria only for expanded international military
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 members, of
whatever rank, against whom there is credible evidence 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

[[Page S915]]

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 Appropriations.

enterprise fund restrictions

Sec. 559. Prior to the distribution of any assets resulting
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 instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Central Government 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 Ministry of
Women and Veterans Affairs to combat human trafficking.
(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 assistance for
democratic opposition political parties in Cambodia.
(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 disabilities
that are administered by an American nongovernmental
organization that is directly supported by the United States
Agency for International Development: Provided, 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 further, That such
funds may be made available only if an amount at least equal
to one-half the United States contribution 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 Secretary 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 excluding 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 shall include, for
each such military training activity, the foreign policy
justification and purpose for the training activity, the cost
of the training activity, the number of foreign 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 operational 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 appropriate.
(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 Appropriations 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 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 regular
notification procedures of the Committees on Appropriations.

COLOMBIA

Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds
appropriated by this Act that are available for assistance
for the Colombian Armed Forces, may be made available for
assistance to support the Colombian Government's unified
campaign against narcotics trafficking and against
paramilitary and guerrilla organizations designated as
terrorist organizations in that country, as follows:
(1) Up to 75 percent of such funds may be obligated 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 obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, 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 abetted paramilitary
organizations.
(B) The Colombian Government is prosecuting and punishing
those members of the Colombian 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 abetted paramilitary
organizations, and the Colombian 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
information).
(C) The Colombian Armed Forces are severing 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, and
brigade levels, with paramilitary organizations.
(D) The Colombian Armed Forces are apprehending the leaders
of paramilitary organizations.
(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 committees, after such date,
that the Colombian Armed Forces are continuing to meet the
conditions contained in paragraph (2) and are conducting
vigorous operations to restore government authority and
respect 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 recognized 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 paramilitary groups, including
taking actions which allow, facilitate, or otherwise foster
the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary 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 subsection (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, facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations 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
appropriate congressional committees, on a case-by-case
basis, that the issuance of a visa to the alien is necessary
to support the peace process in Colombia or for urgent
humanitarian reasons.

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 equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.

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 transition to
democracy in Iraq: Provided, That not more than 15 percent of
the funds, except for costs related to broadcasting
activities, may be used for administrative and
representational expenses, including expenditures for
salaries, office rent and equipment: Provided further, That
none of the funds made available pursuant to the authorities
provided in this section may be made available to any
organization to reimburse or pay for costs incurred by such
organization in prior fiscal years: Provided further, That
funds made available under this heading are made available
subject to the regular notification procedures of the
Committees on Appropriations.

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

[[Page S916]]

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
Indonesia, only if the President certifies to the appropriate
congressional committees that--
(1) the Indonesia Minister of Defense is suspending 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 human rights, or to have aided or abetted
militia groups, and the Indonesian Armed Forces are
cooperating with civilian prosecutors and judicial
authorities in such cases (including providing access to
witnesses, relevant military documents, and other requested
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 government of
any country for which the Secretary of State determines 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 Revolutionary United
Front, Liberian Security Forces, or any other group intent on
destabilizing the democratically elected 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 is credible
evidence that such government has aided or abetted, within
the previous six months, in the illicit distribution,
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 Operations,
Export Financing, and Related Programs Appropriations 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 Government of
Uzbekistan is making substantial and continuing 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''.
(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 protection of human rights
during the preceding six month period.
(c) Not later than three months after the date of the
enactment of this Act, and seven months thereafter, the
Secretary of State shall submit a report to the Committees on
Appropriations describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the six-month period ending 30 days prior
to submission of each such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided 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.

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 Salvador, and the
May 5, 2001, murder of Sister Barbara Ann Ford and the
murders of other American citizens in Guatemala 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 departments,
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 declassification
and release of relevant information, all Federal agencies and
departments should use the discretion contained within such
existing standards and procedures on classification in
support of releasing, rather than withholding, such
information.
(d) All reasonable efforts should be taken by the American
Embassy in Guatemala to work with relevant agencies of the
Guatemalan Government to protect the safety of American
citizens in Guatemala, and to assist in the investigations 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 provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing 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 policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-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
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been
publicly 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 democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities 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 surrender and transfer of
indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension
of any new project involving financial or technical
assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for
the proposed assistance, including an explanation of the
United States position 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
International Development, and the Secretary of the Treasury
shall consult with representatives of human rights
organizations and all government agencies with relevant
information to help prevent indicted war criminals from
benefiting from any financial or technical assistance or
grants provided 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 directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro 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 Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.

[[Page S917]]

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
International Monetary Fund to oppose any loan, grant,
strategy 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 institutions' financing programs.

funding for serbia

Sec. 576. (a) Funds appropriated by this Act may be made
available for assistance for Serbia after March 31, 2003, if
the President has made the determination and certification
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):
Provided, 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 Yugoslavia
including unimpeded access for investigators to archives and
witnesses, the provision of documents, and the surrender and
transfer of indictees or assistance in their apprehension;
(2) taking steps to implement policies which reflect a
respect for minority rights and the rule of law, including
ending Serbian financial, political, security and other
support which has served to maintain separate Republika
Srpska institutions.
(d) Subsections (b) and (c) shall not apply to Montenegro,
Kosovo, humanitarian assistance, assistance to promote
democracy in municipalities, or assistance to promote
reconciliation among ethnic groups within the former
Yugoslavia.

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 authority
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 including
assistance for programs to prevent conflict and foster
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 Congressional Budget Justification
Document for fiscal year 2004, and annually thereafter, a
report to the Committees on Appropriations describing the
progress these programs are making toward improving police
relations with the communities they serve and
institutionalizing an effective community-based police
program.
(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 subsection (a)
shall be subject to the regular notification procedures 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 Foreign
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 articles
transferred under the authority of section 516 of such Act to
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia
Republic of Macedonia, Georgia, India, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan,
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''.

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 subsection
(c).
(c) Requirements.--The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and
requirements 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.

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
Department of State, or such other entities as the Secretary
of State may designate, to establish cooperation with
appropriate agencies of the Government of Cuba on counter-
narcotics 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 procedures 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 Government 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 amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family 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 biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.

TROPICAL FOREST CONSERVATION

Sec. 582. Of the funds appropriated under the headings
``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
Congressional Budget Act of 1974, of modifying loans and loan
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 Pacific shall be
made available only through the National Endowment for
Democracy.

TRANSPARENCY AND ACCOUNTABILITY

Sec. 584. (a) Findings.--The Congress finds that--
(1) There is a lack of transparency in the revenues and
expenditures of the national budgets of many developing
countries that receive United States assistance.
(2) In such countries, official revenues--particularly from
natural resource extraction--are often unreported, 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 governments to
adequately provide their citizens with social, political,
economic, and legal benefits and opportunities, and undermine
the effectiveness of assistance provided to such countries by
the United States and other international donors.
(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 countries
governing the public disclosure of revenues and expenditures
in national budgets;

[[Page S918]]

(3) The adequacy of those laws and regulations, and the
extent to which they are implemented and enforced;
(4) Those countries receiving such assistance where no such
laws or regulations exist, and the extent to which such
revenues and expenditures are publicly disclosed; and
(5) Programs and activities sponsored by the United States
Government to promote accurate disclosure of revenues and
expenditures in the national budgets of such countries, and
the results of those programs and activities.
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2003''.

DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003

Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2003, and for other
purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior and related agencies for the fiscal 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, improvement,
development, disposal, cadastral surveying, classification,
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 Bureau of
Land Management, including the general administration 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
$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 subject 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 incurred; in addition,
$32,696,000 for Mining Law Administration program operations,
including the cost of administering 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 administering 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.

wildland fire management

For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance 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
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited 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 activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, 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: Provided further, That in entering into
such grants or cooperative agreements, the Secretary may
consider the enhancement of local and small business
employment opportunities for rural communities, and that in
entering into procurement 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 opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps
or related partnerships, or small or disadvantaged
businesses: Provided further, That funds appropriated under
this head may be used to reimburse the United States Fish and
Wildlife Service 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 connection with wildland fire management activities.

central hazardous materials fund

For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, 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 recovered from or
paid by a party in advance of or as reimbursement for
remedial action or response activities conducted 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 include 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
remain 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), $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 administrative
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, operation, 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 adjacent
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
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (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 activities 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 rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding 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.) 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.

[[Page S919]]

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
facilities in conjunction with use authorizations, and for
rehabilitation 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 section
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 settlement,
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 Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, 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, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available 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 evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to 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 partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
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,
conservation, management, investigations, protection, and
utilization 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
otherwise provided herein: Provided, That not less than
$2,000,000 shall be provided to local governments in southern
California for planning associated with the Natural
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
implementing 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
regulations, and taking any other steps to implement actions
described 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
information, rewards, or evidence concerning violations of
laws administered by the Service, and miscellaneous and
emergency expenses of enforcement activity, authorized or
approved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may
remain available until expended for contaminant sample
analyses.

construction

For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $42,882,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, a single procurement for the construction 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 contract 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 expenses, 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 projects can be
used to pay for any administrative overhead, planning or
other management costs.

landowner incentive program

For administrative expenses associated with a Landowner
Incentive Program established in Public Law 107-63, $600,000,
to be derived from the Land and Water Conservation 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 Conservation
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 Cooperative
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 available until expended.

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 Elephant
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 Conservation 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:
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 Puerto 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 paragraph 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

[[Page S920]]

projects 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
further, That no State, territory, or other jurisdiction
shall receive a grant unless it has developed, or committed
to develop by October 1, 2005, a comprehensive wildlife
conservation plan, consistent with criteria established by
the Secretary of the Interior, that considers the broad range
of the State, territory, or other jurisdiction's wildlife and
associated 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
appropriated 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 purchase 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;
options for the purchase of land at not to exceed $1 for each
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 arrangements
authorized by law, procure printing services from cooperators
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 determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided
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 Refuge 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 maintenance
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 planning 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 constructed
assets, operation of the National Park Service automated
facility management software system, and comprehensive
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
natural 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
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 repair 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 concurrence 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 programs,
natural programs, cultural programs, heritage partnership
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.

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 available 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 individual agencies, after
approval of such projects by the Secretary 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 Treasures may be used for
administrative expenses, and staffing for the program shall
be available from the existing staffing levels in the
National Park Service.

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 available
until expended, of which $2,500,000 for the Virginia City
Historic District, and $500,000 for the Fort Osage National
Historic Landmark shall be derived from the Historic
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 available
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 Federal
grants, including Federal administrative expenses, to the
State of Florida for the acquisition of lands or waters, or
interests therein, within the Everglades watershed
(consisting 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 necessary by the Secretary
to improve and restore the hydrological function of the
Everglades watershed: Provided further, That funds provided
under this heading for assistance 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
appropriated to the National Park Service may be used to
process 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 implemented 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 calendar days to a day certain)
from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development 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 safety,

[[Page S921]]

and to encourage employees receiving workers' compensation
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 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 account, such
credit to occur within 90 days of the date of the original
request by the National Park Service for payment.

United States Geological Survey

surveys, investigations, and research

For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral 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 permittees and Federal Energy Regulatory Commission
licensees; 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 processing
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 expended for conducting
inquiries into the economic conditions affecting mining and
materials processing industries; and of which $8,000,000
shall remain available until expended for satellite
operations; and of which $22,623,000 shall be available until
September 30, 2004, for the operation and maintenance of
facilities and deferred maintenance; 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 assessment, for everglades
restoration: 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: 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 investigations carried on in cooperation
with States and municipalities.

administrative provision

The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed
53 passenger motor vehicles, of which 48 are for replacement
only; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing
of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively
determined that such procedures are in the public interest;
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 compensation
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
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.

Minerals Management Service

royalty and offshore minerals management

For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals 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
collections 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 5,
1993: Provided further, That $3,000,000 for computer
acquisitions 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 refund
due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
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 administrative
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-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 comparable 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 Liability 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 Interior,
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 Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.

abandoned mine reclamation fund

For necessary expenses to carry out title IV of the Surface
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 expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental 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 program 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
amended, of which no more than 25 percent shall be used for
emergency 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 the 25
percent limitation per State and may be used without fiscal
year limitation for emergency projects: Provided further,
That pursuant to Public Law 97-365, the Department 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 greater 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

[[Page S922]]

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
deposited in an acid mine drainage abatement and treatment
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
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination 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 organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and up to
$2,000,000 shall be for the Indian 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 notwithstanding 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
organizations 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
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
September 30, 2005.

construction

For construction, repair, improvement, and maintenance 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 construction 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 Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract 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: Provided 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 construction 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 Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: 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 payments 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 financial 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 individuals
and for necessary administrative expenses, $57,949,000, to
remain available until expended; of which $24,870,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 101-618 and
102-575, and for implementation of other enacted water rights
settlements; of which $5,068,000 shall be available for
future water supplies facilities 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 further, 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 operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
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
implement the recommendations of the National Academy of
Public Administration's August 1999 report shall be available
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.
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 beyond the grade
structure in place or approved by the Secretary 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 charter 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 charter 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 Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act'').

Departmental Offices

Insular Affairs

assistance to territories

For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$75,217,000, of which: (1) $70,102,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C.

[[Page S923]]

1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $5,295,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on
Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).

compact of free association

For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, and for
economic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232, and
233 of the Compact of Free Association, $20,925,000, to
remain available until expended, as authorized by Public Law
99-239 and Public Law 99-658.

Departmental Management

salaries and expenses

For necessary expenses for management of the Department of
the Interior, $72,427,000, of which not to exceed $8,500 may
be for official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines.

Office of the Solicitor

Salaries and Expenses

For necessary expenses of the Office of the Solicitor,
$47,773,000.

Office of Inspector General

Salaries and Expenses

For necessary expenses of the Office of Inspector General,
$36,239,000, of which $3,812,000 shall be for procurement by
contract of independent auditing services to audit the
consolidated Department of the Interior annual financial
statement and the annual financial statement of the
Department of the Interior bureaus and offices funded in this
Act.

Office of Special Trustee for American Indians

federal trust programs

For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $151,027,000, to remain available until expended:
Provided, That funds for trust management improvements may be
transferred, as needed, to the Bureau of Indian Affairs
``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2003, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative
errors of either disbursements from or deposits to Individual
Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered
shall be credited to this account.

Indian Land Consolidation

For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $7,980,000, to remain available until expended and
which may be transferred to the Bureau of Indian Affairs and
Departmental Management.
For implementation of a water rights and habitat
acquisition program pursuant to section 10 of Public Law 106-
263, $3,000,000, to remain available until expended and to be
derived from the Land and Water Conservation Fund: Provided,
That these funds may be available for transfer to the Bureau
of Indian Affairs.

Natural Resource Damage Assessment and Restoration

natural resource damage assessment fund

To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $5,538,000, to remain available until expended.

administrative provisions

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft: Provided
further, That notwithstanding any other provision of law, the
Office of Aircraft Services shall transfer to the Sheriff's
Office, Kane County, Utah, without restriction, a Cessna
U206G, identification number N211S, serial number 20606916,
for the purpose of facilitating more efficient law
enforcement activities at Glen Canyon National Recreation
Area and the Grand Staircase Escalante National Monument:
Provided further, That no programs funded with appropriated
funds in the ``Departmental Management'', ``Office of the
Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the
Consolidated Working Fund.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for

[[Page S924]]

wildland fire operations, such reimbursement to be credited
to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until
the Secretary determines that funds appropriated for
``wildland fire operations'' shall be exhausted within 30
days: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
and must be replenished by a supplemental appropriation which
must be requested as promptly as possible: Provided further,
That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were
transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12
months beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and
the eastern Gulf of Mexico south of 26 degrees north latitude
and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the
Indian tribe, tribal organization, or consortium before such
funds are expended for the purposes of the grant, compact, or
annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by
the United States, or mutual (or other) funds registered with
the Securities and Exchange Commission and which only invest
in obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any available unobligated
balances from prior appropriations Acts made under the same
headings, shall be available for expenditure or transfer for
Indian trust management activities pursuant to the Trust
Management Improvement Project High Level Implementation
Plan.
Sec. 113. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases
in the Department of the Interior, the hearing requirements
of chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate
judge, appointed by the Secretary without regard to the
provisions of title 5, United States Code, governing the
appointments in the competitive service, for such period of
time as the Secretary determines necessary: Provided, That
the basic pay of an Indian probate judge so appointed may be
fixed by the Secretary without regard to the provisions of
chapter 51, and subchapter III of chapter 53 of title 5,
United States Code, governing the classification and pay of
General Schedule employees, except that no such Indian
probate judge may be paid at a level which exceeds the
maximum rate payable for the highest grade of the General
Schedule, including locality pay.
Sec. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2003. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
Sec. 115. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2003 shall
be allocated among the schools proportionate to the unmet
need of the schools as determined by the Postsecondary
Funding Formula adopted by the Office of Indian Education
Programs.
Sec. 116. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106-291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 117. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 118. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of the
Presidio.
Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings including those collected in fiscal year 2002, may
be credited to the appropriation from which funds were
expended to acquire or grow the seeds or seedlings and are
available without fiscal year limitation.
Sec. 120. Tribal School Construction Demonstration Program.
(a) Definitions.--In this section:
(1) Construction.--The term ``construction'', with respect
to a tribally controlled school, includes the construction or
renovation of that school.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribally controlled school.--The term ``tribally
controlled school'' has the meaning given that term in
section 5212 of the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2511).
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Demonstration program.--The term ``demonstration
program'' means the Tribal School Construction Demonstration
Program.
(b) In General.--The Secretary shall carry out a
demonstration program for fiscal years 2003 through 2007 to
provide grants to Indian tribes for the construction of
tribally controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration program
under subsection (b), the Secretary shall award a grant to
each Indian tribe that submits an application that is
approved by the Secretary under paragraph (2). The Secretary
shall ensure that an Indian tribe that agrees to fund all
future operation and maintenance costs of the tribally
controlled school constructed under the demonstration program
from other than federal funds receives the highest priority
for a grant under this section.
(2) Grant applications.--An application for a grant under
the section shall--
(A) include a proposal for the construction of a tribally
controlled school of the Indian tribe that submits the
application; and
(B) be in such form as the Secretary determines
appropriate.

[[Page S925]]

(3) Grant agreement.--As a condition to receiving a grant
under this section, the Indian tribe shall enter into an
agreement with the Secretary that specifies--
(A) the costs of construction under the grant;
(B) that the Indian tribe shall be required to contribute
towards the cost of the construction a tribal share equal to
50 percent of the costs; and
(C) any other term or condition that the Secretary
determines to be appropriate.
(4) Eligibility.--Grants awarded under the demonstration
program shall be used only for construction or replacement of
a tribally controlled school.
(c) Effect of Grant.--A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a
grant under this section shall not affect the eligibility of
an Indian tribe receiving funding, or the amount of funding
received by the Indian tribe, under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
(d) Report.--At the conclusion of the five-year
demonstration program, the Secretary shall report to Congress
as to whether the demonstration program has achieved its
purposes of providing additional tribes fair opportunities to
construct tribally controlled schools, accelerating
construction of needed educational facilities in Indian
Country, and permitting additional funds to be provided for
the Department's priority list for construction of
replacement educational facilities.
Sec. 121. White River Oil Shale Mine, Utah. Sale.--Subject
to the terms and conditions of section 126 of the Department
of the Interior and Related Agencies Act, 2002, the
Administrator of General Services shall sell all right,
title, and interest of the United States in and to the
improvements and equipment of the White River Oil Shale Mine.
Sec. 122. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon
and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions
of subsection (a) of the Act of September 8, 1959 (73 Stat.
470; 18 U.S.C. 47(a)) shall not be applicable to such use.
Such use shall be in accordance with humane procedures
prescribed by the Secretary.
Sec. 123. No funds contained in this Act shall be used to
approve the transfer of lands on South Fox Island, Michigan
until Congress has authorized such transfer.
Sec. 124. In fiscal year 2003 and each fiscal year
thereafter, notwithstanding any other provision of law, with
respect to a service contract for the provision solely of
transportation services at Zion National Park or Rocky
Mountain National Park, the Secretary of the Interior may
obligate the expenditure of fees expected to be received in
that fiscal year before the fees are received, so long as
total obligations do not exceed fee collections retained at
Zion National Park or Rocky Mountain National Park,
respectively, by the end of that fiscal year.
Sec. 125. Section 6(f) of Public Law 88-578 as amended
shall not apply to LWCF program #02-00010.
Sec. 126. None of the funds made available in this Act or
any other Act providing appropriations for the Department of
the Interior may be expended or obligated to issue a Record
of Decision or take any action to issue a right-of-way grant
for a pipeline or associated facilities related to the Cadiz
groundwater storage and dry-year supply program.
Sec. 127. Notwithstanding section 1(d) of Public Law 107-
62, the National Park Service is authorized to obligate
$1,000,000 made available in fiscal year 2002 to plan the
John Adams Presidential memorial in cooperation with non-
Federal partners.
Sec. 128. Notwithstanding any other provision of law, funds
appropriated and remaining available in the Construction
(Trust Fund) account of the National Park Service at the
completion of all authorized projects, shall be available for
the rehabilitation and improvement of Going-to-the-Sun Road
in Glacier National Park.
Sec. 129. Using funds appropriated by section 501(d) of the
Emergency Supplemental Appropriations Act, 1999 (Public Law
106-31), the Secretary shall provide interim compensation
payments of up to $10,000 each within 30 days of the date of
the enactment of this Act to all claimants who filed a claim
for compensation under the Glacier Bay compensation plan and
which has not been rejected or withdrawn and have not
received a compensation payment. The amount of final
compensation paid to any such claimant shall be reduced by
the total dollar amount of any interim compensation payments
received.
Sec. 130. Hereafter, the Department of the Interior
National Business Center may continue to enter into grants,
cooperative agreements, and other transactions, under the
Defense Conversion, Reinvestment, and Transition Assistance
Act of 1992, and other related legislation.
Sec. 131. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies
Appropriations Act, 2002 (115 Stat. 443) affects the decision
of the United States Court of Appeals for the 10th Circuit in
Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
(b) Use of Certain Indian Land.--Nothing in this section
permits the conduct of gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
section 123 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (114 Stat. 944), or land
that is contiguous to that land, regardless of whether the
land or contiguous land has been taken into trust by the
Secretary of the Interior.
Sec. 132. Section 3(f)(2)(B) of Public Law 99-548 (100
Stat. 3061; 113 Stat. 1501A-168) is amended by striking
``(iv) Sec. 8.'' and inserting the following:
``(iv) Sec. 7.
``(v) Sec. 8.''.
Sec. 133. Of the funds made available under the heading
``United States Fish and Wildlife Service, Construction'' in
Public Law 107-63 for hangar roof replacement at Midway Atoll
National Wildlife Refuge, not to exceed $650,000 may be
transferred to ``United States Fish and Wildlife Service,
Resource Management'' for operational needs at Midway Atoll
National Wildlife Refuge.
Sec. 134. Public Law 107-331 is amended in Sections 301(b)
and 301(d) by striking the word ``Secretary'' each place it
appears and inserting in lieu thereof the word ``Director'',
and by striking the text of Section 301(c)(3) and inserting
in lieu thereof ``Director.--The term `Director' means the
Director of the Institute of Museum and Library Services.''.
Sec. 135. Section 113 of Public Law 104-208 (31 U.S.C. 501
note.) is amended by deleting ``That such fund shall be paid
in advance'' and inserting ``That such fund may be paid in
advance''.

TITLE II--RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

Forest and Rangeland Research

For necessary expenses of forest and rangeland research as
authorized by law, $247,804,000, to remain available until
expended.

state and private forestry

For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
treatment of pests, pathogens, and invasive plants,
cooperative forestry, and education and land conservation
activities and conducting an international program as
authorized, $297,472,000, to remain available until expended,
as authorized by law: Provided, That notwithstanding any
other provision of law, of the funds provided under this
heading, $2,000,000 shall be made available to Kake Tribal
Corporation as an advanced direct lump sum payment to
implement the Kake Tribal Corporation Land Transfer Act
(Public Law 106-283).

National Forest System

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,352,999,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
available at the start of fiscal year 2003 shall be displayed
by budget line item in the fiscal year 2004 budget
justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as
necessary to the Department of the Interior, Bureau of Land
Management for removal, preparation, and adoption of excess
wild horses and burros from National Forest System lands:
Provided further, That of the funds provided under this
heading for Forest Products, $4,000,000 shall be allocated to
the Alaska Region, in addition to its normal allocation for
the purposes of preparing additional timber for sale, to
establish a 3-year timber supply and such funds may be
transferred to other appropriations accounts as necessary to
maximize accomplishment.

wildland fire management

For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuel reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$1,349,291,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
head, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That not less than 50 percent of
any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2002
shall be transferred, as repayment for past advances that
have not been repaid, to the fund established pursuant to
section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.):
Provided further, That notwithstanding any other provision of
law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in
support of the Joint Fire Science Program: Provided further,
That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and

[[Page S926]]

restoration, hazard reduction activities in the urban-
wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service;
Provided further, That of the funds provided, $228,109,000 is
for hazardous fuel treatment, $3,624,000 is for
rehabilitation and restoration, $21,427,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $46,555,000 is for state
fire assistance, $8,240,000 is for volunteer fire assistance,
$11,934,000 is for forest health activities on state,
private, and Federal lands: Provided further, That amounts in
this paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund state fire assistance,
volunteer fire assistance, and forest health management,
vegetation and watershed management, heritage site
rehabilitation, wildlife and fish habitat management:
Provided further, That transfers of any amounts in excess of
those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in
compliance with reprogramming procedures contained in House
Report No. 105-163: 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: Provided further,
That in entering into such grants or cooperative agreements,
the Secretary may consider the enhancement of local and small
business employment opportunities for rural communities, and
that in entering into procurement 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 opportunities in rural communities, and
that the Secretary may award procurement contracts, grants,
or cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided
further, That in addition to funds provided for State Fire
Assistance programs, and subject to all authorities available
to the Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the
Community Forest Restoration Act, Public Law 106-393, title
VI, and any portion of such funds shall be available for use
on non-Federal lands in accordance with authorities available
to the Forest Service under the State and Private Forestry
Appropriation: Provided further, That in expending the funds
provided with respect to this Act for hazardous fuels
reduction, the Secretary of the Interior and the Secretary of
Agriculture may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities available
to the Secretaries applicable to hazardous fuel reduction
activities under the wildland fire management accounts.
Notwithstanding Federal government procurement and
contracting laws, the Secretaries may conduct fuel reduction
treatments, rehabilitation and restoration, and other
activities authorized in this section, on and adjacent to
Federal lands using grants and cooperative agreements.
Notwithstanding Federal government procurement and
contracting laws, in order to provide employment and training
opportunities to people in rural communities, the Secretaries
may award contracts, including contracts for monitoring
activities, to--
(1) local private, nonprofit, or cooperative entities;
(2) Youth Conservation Corps crews or related partnerships,
with State, local and non-profit youth groups;
(3) small or micro-businesses; or
(4) other entities that will hire or train a significant
percentage of local people to complete such contracts. The
authorities described above relating to contracts, grants,
and cooperative agreements are available until all funds
provided in this title for hazardous fuels reduction
activities in the urban wildland interface are obligated.

capital improvement and maintenance

For necessary expenses of the Forest Service, not otherwise
provided for, $543,656,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for
construction, reconstruction, repair and maintenance of
forest roads and trails by the Forest Service as authorized
by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That no funds shall be expended to decommission any system
road until notice and an opportunity for public comment has
been provided on each decommissioning project: Provided
further, That the Forest Service shall transfer $500,000
appropriated in Public Law 107-63 within the Capital
Improvement and Maintenance appropriation, to the State and
Private Forestry appropriation, and shall provide these funds
in an advance direct lump sum payment to Purdue University
for planning and construction of a hardwood tree improvement
and generation facility: Provided further, That
notwithstanding any provision of law, funds provided for
construction of facilities at Purdue University in Indiana in
this Act, in the amount of $3,100,000 shall be available to
the University.

land acquisition

For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $148,263,000 to be derived from the Land and
Water Conservation Fund and to remain available until
expended.

acquisition of lands for national forests special acts

For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.

acquisition of lands to complete land exchanges

For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.

range betterment fund

For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.

gifts, donations and bequests for forest and rangeland research

For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.

Management of National Forest Lands for Subsistence Uses

For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,542,000, to remain available until
expended.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed
113 passenger motor vehicles of which 10 will be used
primarily for law enforcement purposes and of which 113 shall
be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of
sufficient aircraft from excess sources to maintain the
operable fleet at 195 aircraft for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions if and only if all previously appropriated
emergency contingent funds under the heading ``Wildland Fire
Management'' have been released by the President and
apportioned.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture

[[Page S927]]

Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report No. 105-
163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures contained in House Report No. 105-163.
No funds available to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture that exceed the total amount transferred during
fiscal year 2000 for such purposes without the advance
approval of the House and Senate Committees on
Appropriations.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$2,250,000 may be advanced in a lump sum as Federal financial
assistance to the National Forest Foundation, without regard
to when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That
of the Federal funds made available to the Foundation, no
more than $400,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis
funds made available by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a non-
Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds:
Provided further, That authorized investments of Federal
funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709,
and may be advanced in a lump sum as Federal financial
assistance, without regard to when expenses are incurred, for
projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the
``National Forest System'' and ``Capital Improvement and
Maintenance'' accounts and planned to be allocated to
activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington
may be granted directly to the Washington State Department of
Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project
selection and prioritization shall be accomplished by the
Forest Service with such consultation with the State of
Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
The Secretary of Agriculture is authorized to enter into
grants, contracts, and cooperative agreements as appropriate
with the Pinchot Institute for Conservation, as well as with
public and other private agencies, organizations,
institutions, and individuals, to provide for the
development, administration, maintenance, or restoration of
land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization,
institution, or individual may solicit, accept, and
administer private gifts of money and real or personal
property for the benefit of, or in connection with, the
activities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business with
the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to
Del Norte County, California, pursuant to sections 13(e) and
14 of the Smith River National Recreation Area Act (Public
Law 101-612).
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $1,000,000.
The Secretary of Agriculture may authorize the sale of
excess buildings, facilities, and other properties owned by
the Forest Service and located on the Green Mountain National
Forest, the revenues of which shall be retained by the Forest
Service and available to the Secretary without further
appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National
Forest.
The Secretary of Agriculture may transfer or reimburse
funds available to the Forest Service, not to exceed
$15,000,000, to the Secretary of the Interior or the
Secretary of Commerce to expedite conferencing and
consultations as required under section 7 of the Endangered
Species Act, 16 U.S.C. 1536. The amount of the transfer or
reimbursement shall be as mutually agreed by the Secretary of
Agriculture and the Secretary of the Interior or Secretary of
Commerce, as applicable, or their designees. The amount shall
in no case exceed the actual costs of consultation and
conferencing.

DEPARTMENT OF ENERGY

Clean Coal Technology

(deferral)

Of the funds made available under this heading for
obligation in prior years, $70,000,000 shall not be available
until October 1, 2003: Provided, That funds made available in
previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for
proposal under which the project was selected.

Fossil Energy Research and Development

For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
$625,665,000, to remain available until expended, of which
$4,000,000 is to continue a multi-year project for
construction, renovation, furnishing, and demolition or
removal of buildings at National Energy Technology Laboratory
facilities in Morgantown, West Virginia and Pittsburgh,
Pennsylvania; and of which $150,000,000 are to be made
available, after coordination with the private sector, for a
request for proposals for a Clean Coal Power Initiative
providing for competitively-awarded research, development,
and demonstration projects to reduce the barriers to
continued and expanded coal use: Provided, That no project
may be selected for which sufficient funding is not available
to provide for the total project: Provided further, That
funds shall be expended in accordance with the provisions
governing the use of funds contained under the heading
``Clean Coal Technology'' in prior appropriations: Provided
further, That the Department may include provisions for
repayment of Government contributions to individual projects
in an amount up to the Government contribution to the project
on terms and conditions that are acceptable to the Department
including repayments from sale and licensing of technologies
from both domestic and foreign transactions: Provided
further, That such repayments shall be retained by the
Department for future coal-related research, development and
demonstration projects: Provided further, That any technology
selected under this program shall be considered a Clean Coal
Technology, and any project selected under this program shall
be considered a Clean Coal Technology Project, for the
purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52, and 60
of title 40 of the Code of Federal Regulations: Provided
further, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the
recovery of oil and gas: Provided further, That up to 4
percent of program direction funds available to the National
Energy Technology Laboratory may be used to support
Department of Energy activities not included in this account.

naval petroleum and oil shale reserves

For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $20,831,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil
shale reserve activities.

[[Page S928]]

Elk Hills School Lands Fund

For necessary expenses in fulfilling installment payments
under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as
authorized by section 3415 of Public Law 104-106,
$36,000,000, to become available on October 1, 2003 for
payment to the State of California for the State Teachers'
Retirement Fund from the Elk Hills School Lands Fund.

Energy Conservation

For necessary expenses in carrying out energy conservation
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 assistance 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 remain
available until expended.

strategic petroleum reserve

For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation 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 Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), $7,000,000, to remain available until expended.

Northeast Home Heating Oil Reserve

For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities
pursuant to the Energy Policy and Conservation Act of 2000,
$6,000,000, to remain available until expended.

energy information administration

For necessary expenses in carrying out the activities of
the Energy Information Administration, $80,111,000, to remain
available until expended.

administrative provisions, department of energy

Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase,
repair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of
the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department
appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-
sharing entities as provided in appropriate cost-sharing
contracts or agreements: Provided further, That the remainder
of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided
further, That any contract, agreement, or provision thereof
entered into by the Secretary pursuant to this authority
shall not be executed 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
calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of
the Senate of a full comprehensive report on such project,
including the facts and circumstances relied upon in support
of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process
procurement documents for programs or projects for which
appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and
private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $2,455,881,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $18,000,000 shall remain
available until expended, for the Indian Catastrophic Health
Emergency Fund: Provided further, That $450,130,000 for
contract medical care shall remain available for obligation
until September 30, 2004: Provided further, That of the funds
provided, up to $22,000,000 shall be used to carry out the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds provided
in this Act may be used for one-year contracts and grants
which are to be performed in two fiscal years, so long as the
total obligation is recorded in the year for which the funds
are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That
funding contained herein, and in any earlier appropriations
Acts for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available for
obligation until September 30, 2004: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law, of
the amounts provided herein, not to exceed $270,734,000 shall
be for payments to tribes and tribal organizations for
contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2003, of
which not to exceed $2,500,000 may be used for contract
support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts or
annual funding agreements: Provided further, That
notwithstanding any other provision of law, contributions
authorized by 10 U.S.C. 1111 for the Uniformed Service of the
Public Health Service shall be paid in fiscal year 2003 from
the Department of Health and Human Services's Retirement Pay
and Medical Benefits for Commissioned Officers account
without charges billed to the Indian Health Service: Provided
further, That the provisions of 10 U.S.C. 1116 shall not
apply to the Indian Health Service: Provided further, That
funds available for the Indian Health Care Improvement Fund
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided
further, That of the amounts provided for Indian Health
Services, $15,000,000 is provided to the Alaska Federation of
Natives for alcohol control, prevention, treatment, sobriety
and wellness, of which at least $100,000 shall be available
for an independent third party to conduct an evaluation of
the program: Provided further, That no more than 5 percent
may be used by any entity receiving funding for
administrative overhead including indirect costs: Provided
further, That prior to the release of funds to a regional
Native non-profit entity, it must enter into an agreement
with the regional Native health corporation on allocation of
resources to avoid duplication of effort and to foster
cooperation.

Indian Health Facilities

For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $365,390,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities:
Provided further, That from the funds appropriated herein,
$5,000,000 shall be designated by the Indian Health Service
as a contribution to the Yukon-Kuskokwim Health Corporation
(YKHC) to continue a

[[Page S929]]

priority project for the acquisition of land, planning,
design and construction of 79 staff quarters in the Bethel
service area, pursuant to the negotiated project agreement
between the YKHC and the Indian Health Service: Provided
further, That this project shall not be subject to the
construction provisions of the Indian Self-Determination and
Education Assistance Act and shall be removed from the Indian
Health Service priority list upon completion: Provided
further, That the Federal Government shall not be liable for
any property damages or other construction claims that may
arise from YKHC undertaking this project: Provided further,
That the land shall be owned or leased by the YKHC and title
to quarters shall remain vested with the YKHC: Provided
further, That not to exceed $500,000 shall be used by the
Indian Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health
Service and tribal facilities: Provided further, That none of
the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes
funded with grants by the housing programs of the U.S.
Department of Housing and Urban Development: Provided
further, That not to exceed $1,000,000 shall be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a
Demolition Fund, available until expended, to be used by the
Indian Health Service for demolition of Federal buildings:
Provided further, That notwithstanding the provisions of
title III, section 306, of the Indian Health Care Improvement
Act (Public Law 94-437, as amended), construction contracts
authorized under title I of the Indian Self-Determination and
Education Assistance Act of 1975, as amended, may be used
rather than grants to fund small ambulatory facility
construction projects: Provided further, That if a contract
is used, the IHS is authorized to improve municipal, private,
or tribal lands, and that at no time, during construction or
after completion of the project will the Federal Government
have any rights or title to any real or personal property
acquired as a part of the contract: Provided further, That
notwithstanding any other provision of law or regulation, for
purposes of acquiring sites for a new clinic and staff
quarters in St. Paul Island, Alaska, the Secretary of Health
and Human Services may accept land donated by the Tanadgusix
Corporation.

administrative provisions, indian health service

Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title III of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title III of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
Funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and
accounted for in the appropriation structure set forth in
this Act.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain
available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.

OTHER RELATED AGENCIES

Office of Navajo and Hopi Indian Relocation

salaries and expenses

For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$14,491,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.

Institute of American Indian and Alaska Native Culture and Arts
Development

payment to the institute

For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$5,130,000, of which $1,000,000 shall remain available until
expended for construction of the Library Technology Center.

Smithsonian Institution

Salaries and Expenses

(including rescission)

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $450,760,000, of which
not to exceed $43,884,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the
National Museum of the American Indian, and the repatriation
of skeletal remains program shall remain available until
expended, and including such funds as may be necessary to
support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long
term and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H
Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not be
construed as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building:
Provided further, That from unobligated balances of prior
year appropriations, $14,100,000 is rescinded.

[[Page S930]]

repair, restoration and alteration of facilities

For necessary expenses of maintenance, repair, restoration,
and alteration of facilities owned or occupied by the
Smithsonian Institution, including necessary personnel, by
contract or otherwise, as authorized by section 2 of the Act
of August 22, 1949 (63 Stat. 623), $78,300,000, to remain
available until expended, of which $16,750,000 is provided
for maintenance, repair, rehabilitation and alteration of
facilities at the National Zoological Park, and of which not
to exceed $100,000 is for services as authorized by 5 U.S.C.
3109: Provided, That contracts awarded for environmental
systems, protection systems, and repair or restoration of
facilities of the Smithsonian Institution may be negotiated
with selected contractors and awarded on the basis of
contractor qualifications as well as price: Provided further,
That notwithstanding any other provision of law, a single
procurement contract for the repair and renovation of the
Patent Office Building may be issued which includes the full
scope of the project: Provided further, That the solicitation
of the contract and the contract shall contain the clause
``availability of funds'' found at 48 C.F.R. 52.232-18.

construction

For necessary expenses for construction of the National
Museum of the American Indian, including necessary personnel,
$16,000,000, to remain available until expended.

administrative provisions, smithsonian institution

None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without approval from
the Board of Regents of recommendations received from the
Science Commission.
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current
space or new facility without consultation with the House and
Senate Appropriations Committees.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance written approval of the
House and Senate Committees on Appropriations in accordance
with the procedures contained in House Report No. 105-163.

National Gallery of Art

salaries and expenses

For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $77,219,000,
of which not to exceed $3,026,000 for the special exhibition
program shall remain available until expended.

repair, restoration and renovation of buildings

For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $16,230,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.

John F. Kennedy Center for the Performing Arts

operations and maintenance

For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $16,310,000.

construction

For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $17,600,000, to
remain available until expended.

Woodrow Wilson International Center for Scholars

salaries and expenses

For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $8,488,000.

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$116,489,000, shall be available to the National Endowment
for the Arts for the support of projects and productions in
the arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, including
$17,000,000 for support of arts education and public outreach
activities through the Challenge America program, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the
Arts ``Matching Grants'' account may be transferred to and
merged with this account.

National Endowment for the Humanities

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$109,632,000, shall be available to the National Endowment
for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.

matching grants

To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $16,122,000, to remain available until
expended, of which $10,436,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.

administrative provision

None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses.

Commission of Fine Arts

salaries and expenses

For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,224,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.

national capital arts and cultural affairs

For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000.

Advisory Council on Historic Preservation

salaries and expenses

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $3,667,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.

National Capital Planning Commission

salaries and expenses

For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $7,253,000:
Provided, That all appointed members of the Commission will
be compensated at a rate not to exceed the daily equivalent
of the annual rate of pay for positions at level IV of the
Executive Schedule for each day such member is engaged in the
actual performance of duties.

United States Holocaust Memorial Museum

Holocaust Memorial Museum

For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$38,663,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.

Presidio Trust

Presidio Trust fund

For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $21,327,000
shall be available to the Presidio Trust, to remain available
until expended.

TITLE III--GENERAL PROVISIONS

Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant

[[Page S931]]

to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued
pursuant to existing law.
Sec. 302. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 303. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 305. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations
and are approved by such committees.
Sec. 306. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2002.
Sec. 307. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 308. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2003, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 309. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, and 107-63 for payments to tribes and
tribal organizations for contract support costs associated
with self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994
through 2002 for such purposes, except that, for the Bureau
of Indian Affairs, tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, self-governance compacts or annual
funding agreements.
Sec. 310. Notwithstanding any other provision of law, for
fiscal year 2003 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, northern
California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The
Secretaries shall consider the benefits to the local economy
in evaluating bids and designing procurements which create
economic opportunities for local contractors.
Sec. 311. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 312. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to
solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds from such
gifts, bequests, or devises, after acceptance by the National
Endowment for the Arts or the National Endowment for the
Humanities, shall be paid by the donor or the representative
of the donor to the Chairman. The Chairman shall enter the
proceeds in a special interest-bearing account to the credit
of the appropriate endowment for the purposes specified in
each case.
Sec. 313. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 314. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the
5-year program under the Forest and Rangeland Renewable
Resources Planning Act.
Sec. 315. None of the funds in this Act may be used to
support Government-wide administrative functions unless such
functions are justified in the budget process and funding is
approved by the House and Senate Committees on
Appropriations.
Sec. 316. Notwithstanding any other provision of law, none
of the funds in this Act may be used for GSA
Telecommunication Centers.
Sec. 317. None of the funds in this Act may be used for
planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 318. Amounts deposited during fiscal year 2002 in the
roads and trails fund provided for in the 14th paragraph
under the heading ``FOREST SERVICE'' of the Act of March 4,
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the
Secretary of Agriculture, without regard to the State in
which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or
to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in

[[Page S932]]

the wildland-community interface where there is an abnormally
high risk of fire. The projects shall emphasize reducing
risks to human safety and public health and property and
enhancing ecological functions, long-term forest
productivity, and biological integrity. The projects may be
completed in a subsequent fiscal year. Funds shall not be
expended under this section to replace funds which would
otherwise appropriately be expended from the timber salvage
sale fund. Nothing in this section shall be construed to
exempt any project from any environmental law.
Sec. 319. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a
residual value approach that assigns domestic Alaska values
for western redcedar. Program accomplishments shall be based
on volume sold. Should Region 10 sell, in fiscal year 2003,
the annual average portion of the decadal allowable sale
quantity called for in the current Tongass Land Management
Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values
for western redcedar, all of the western redcedar timber from
those sales which is surplus to the needs of domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. Should Region 10 sell, in fiscal year 2003,
less than the annual average portion of the decadal allowable
sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values
for western redcedar, the volume of western redcedar timber
available to domestic processors at prevailing domestic
prices in the contiguous 48 United States shall be that
volume: (i) which is surplus to the needs of domestic
processors in Alaska, and (ii) is that percent of the surplus
western redcedar volume determined by calculating the ratio
of the total timber volume which has been sold on the Tongass
to the annual average portion of the decadal allowable sale
quantity called for in the current Tongass Land Management
Plan. The percentage shall be calculated by Region 10 on a
rolling basis as each sale is sold (for purposes of this
amendment, a ``rolling basis'' shall mean that the
determination of how much western redcedar is eligible for
sale to various markets shall be made at the time each sale
is awarded). Western redcedar shall be deemed ``surplus to
the needs of domestic processors in Alaska'' when the timber
sale holder has presented to the Forest Service documentation
of the inability to sell western redcedar logs from a given
sale to domestic Alaska processors at a price equal to or
greater than the log selling value stated in the contract.
All additional western redcedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be
exported to foreign markets at the election of the timber
sale holder. All Alaska yellow cedar may be sold at
prevailing export prices at the election of the timber sale
holder.
Sec. 320. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1996, as amended,
shall not result in--
(1) displacement of the holder of an authorization to
provide commercial recreation services on Federal lands.
Prior to initiating any project, the Secretary shall consult
with potentially affected holders to determine what impacts
the project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions
of the authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relationship
with the agency; or
(C) the agency revokes the permit for non-compliance with
the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of a
new prospectus.
Sec. 321. Revision of Forest Plans. Prior to October 1,
2003, the Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary
from any other requirement of the Forest and Rangeland
Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
Sec. 322. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
Sec. 323. Section 347(a) of the Department of the Interior
and Related Agencies Appropriations Act, 1999, as included in
Public Law 105-277 is amended by striking ``2004'' and
inserting ``2005''. The authority to enter into stewardship
and end result contracts provided to the Forest Service in
accordance with section 347 of title III of section 101(e) of
division A of Public Law 105-277 is hereby expanded to
authorize the Forest Service to enter into an additional 28
contracts subject to the same terms and conditions as
provided in that section: Provided, That of the additional
contracts authorized by this section at least 9 shall be
allocated to Region 1.
Sec. 324. Employees of the foundations established by Acts
of Congress to solicit private sector funds on behalf of
Federal land management agencies shall, beginning in fiscal
year 2004, qualify for General Service Administration
contract airfares.
Sec. 325. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
fighting fires. The Secretary of Agriculture or the Secretary
of the Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or
through its fire organization) agrees to assume any and all
liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country. When an
agreement is reached for furnishing fire fighting services,
the only remedies for acts or omissions committed while
fighting fires shall be those provided under the laws of the
host country and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a
foreign country. Neither the sending country nor any
organization associated with the firefighter shall be subject
to any action whatsoever pertaining to or arising out of
fighting fires.
Sec. 326. A grazing permit or lease issued by the Secretary
of the Interior or a grazing permit issued by the Secretary
of Agriculture where National Forest System lands are
involved that expires, is transferred, or waived during
fiscal year 2003 shall be renewed under Section 402 of the
Federal Land Policy and Management Act of 1976, as amended
(43 U.S.C. 1752), Section 19 of the Granger-Thye Act, as
amended (16 U.S.C. 580l), title III of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1010 et seq.), or, if applicable,
section 510 of the California Desert Protection Act (16
U.S.C. 410aaa-50). The terms and conditions contained in the
expired, transferred, or waived permit or lease shall
continue in effect under the renewed permit or lease until
such time as the Secretary of the Interior or Secretary of
Agriculture as appropriate completes processing of such
permit or lease in compliance with all applicable laws and
regulations, at which time such permit or lease may be
canceled, suspended or modified, in whole or in part, to meet
the requirements of such applicable laws and regulations.
Nothing in this section shall be deemed to alter the
statutory authority of the Secretary of the Interior or the
Secretary of Agriculture: Provided, That where National
Forest System lands are involved and the Secretary of
Agriculture has renewed an expired or waived grazing permit
prior to fiscal year 2003 under the authority of Section 504
of the Rescissions Act of 1995 (Public Law 104-19), the terms
and conditions of the renewed grazing permit shall remain in
effect until such time as the Secretary of Agriculture
completes processing of the renewed permit in compliance with
all applicable laws and regulations or until the expiration
of the renewed permit, whichever comes first. Upon completion
of the processing, the permit may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
applicable laws and regulations. Nothing in this section
shall be deemed to alter the Secretary of Agriculture's
statutory authority.
Sec. 327. In awarding a Federal Contract with funds made
available by this Act, the Secretary of Agriculture and the
Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment and
training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected
by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant
alternative employment opportunities: Provided, That the
contract is for forest hazardous fuels reduction, watershed
or water quality monitoring or restoration, wildlife or fish
population monitoring, or habitat restoration or management:
Provided further, That the terms ``rural community'' and
``economically disadvantaged'' shall have the same meanings
as in section 2374 of Public Law 101-624: Provided further,
That the Secretaries shall develop guidance to implement this
section: Provided further, That nothing in this section shall
be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this
section.

[[Page S933]]

Sec. 328. Section 401(e)(4)(B) of Public Law 105-83 is
amended after ``Not more than'' by striking ``5 percent'' and
inserting ``15 percent''.
Sec. 329. The Record of Decision for the 2002 Supplemental
Environmental Impact Statement for the 1997 Tongass Land
Management Plan shall not be reviewed under any Forest
Service administrative appeal process, and its adequacy shall
not be subject to judicial review by any court of the United
States.
This division may be cited as the ``Department of the
Interior and Related Agencies Appropriations Act, 2003''.

DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS, 2003

Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
2003, and for other purposes, namely:

TITLE I--DEPARTMENT OF LABOR

Employment and Training Administration

Training and Employment Services

For necessary expenses of the Workforce Investment Act,
including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment
Act and the Women in Apprenticeship and Nontraditional
Occupations Act; and the National Skill Standards Act of
1994; $2,657,084,000 plus reimbursements, of which
$1,583,069,000 is available for obligation for the period
July 1, 2003 through June 30, 2004; of which $1,045,465,000
is available for obligation for the period April 1, 2003
through June 30, 2004, including $1,000,965,000 to carry out
chapter 4 of the Workforce Investment Act and $44,500,000 to
carry out section 169 of such Act; and of which $27,550,000
is available for the period July 1, 2003 through June 30,
2006 for necessary expenses of construction, rehabilitation,
and acquisition of Job Corps centers: Provided, That
$9,098,000 shall be for carrying out section 172 of the
Workforce Investment Act: Provided further, That,
notwithstanding any other provision of law or related
regulation, $80,770,000 shall be for carrying out section 167
of the Workforce Investment Act, including $74,965,000 for
formula grants, $4,786,000 for migrant and seasonal housing,
and $1,019,000 for other discretionary purposes: Provided
further, That funds provided to carry out section 171(d) of
the Workforce Investment Act may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That no
funds from any other appropriation shall be used to provide
meal services at or for Job Corps centers.
For necessary expenses of the Workforce Investment Act,
including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment
Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period
October 1, 2003 through June 30, 2004, and of which
$100,000,000 is available for the period October 1, 2003
through June 30, 2006, for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps
centers.

Community Service Employment for Older Americans

To carry out title V of the Older Americans Act of 1965, as
amended, $440,200,000.

Federal Unemployment Benefits and Allowances

For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I; and
for training, allowances for job search and relocation, and
related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act of
1974, as amended, $972,200,000, together with such amounts as
may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15 of the current year.

State Unemployment Insurance and Employment Service Operations

For authorized administrative expenses, $143,452,000,
together with not to exceed $3,475,451,000 (including not to
exceed $1,228,000 which may be used for amortization payments
to States which had independent retirement plans in their
State employment service agencies prior to 1980), which may
be expended from the Employment Security Administration
Account in the Unemployment Trust Fund including the cost of
administering section 51 of the Internal Revenue Code of
1986, as amended, section 7(d) of the Wagner-Peyser Act, as
amended, the Trade Act of 1974, as amended, the Immigration
Act of 1990, and the Immigration and Nationality Act, as
amended, and of which the sums available in the allocation
for activities authorized by title III of the Social Security
Act, as amended (42 U.S.C. 502-504), and the sums available
in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for
obligation by the States through December 31, 2003, except
that funds used for automation acquisitions shall be
available for obligation by the States through September 30,
2005; of which $143,452,000, together with not to exceed
$773,283,000 of the amount which may be expended from said
trust fund, shall be available for obligation for the period
July 1, 2003 through June 30, 2004, to fund activities under
the Act of June 6, 1933, as amended, including the cost of
penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made
available to States in lieu of allotments for such purpose:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2003 is projected by the
Department of Labor to exceed 4,526,000, an additional
$28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the
Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance programs, may be obligated in
contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for
activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding
cost allocation principles prescribed under Office of
Management and Budget Circular A-87.

Advances to the Unemployment Trust Fund and Other Funds

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund
as authorized by section 9501(c)(1) of the Internal Revenue
Code of 1954, as amended; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section 8509 of
title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain
available until September 30, 2004, $463,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2003, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums
as may be necessary.

Program Administration

For expenses of administering employment and training
programs, $121,032,000, including $4,711,000 to administer
welfare-to-work grants, together with not to exceed
$56,610,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.

Pension and Welfare Benefits Administration

Salaries and Expenses

For necessary expenses for the Pension and Welfare Benefits
Administration, $117,044,000.

Pension Benefit Guaranty Corporation

Pension Benefit Guaranty Corporation Fund

The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program through September
30, 2003, for such Corporation: Provided, That not to exceed
$13,050,000 shall be available for administrative expenses of
the Corporation: Provided further, That expenses of such
Corporation in connection with the termination of pension
plans, for the acquisition, protection or management, and
investment of trust assets, and for benefits administration
services shall be considered as non-administrative expenses
for the purposes hereof, and excluded from the above
limitation.

Employment Standards Administration

Salaries and Expenses

For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection
services rendered, $383,428,000, together with $2,029,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and
Harbor Workers' Compensation Act: Provided, That $2,000,000
shall be for the development of an alternative system for the
electronic submission of reports required to be filed under
the Labor-Management Reporting and Disclosure Act of 1959, as
amended, and for a computer database of the information for
each submission by whatever means, that is indexed and easily
searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain,
and spend, until expended, in the name of the Department of
Labor, all sums of money ordered to be paid to the Secretary
of Labor, in accordance with the

[[Page S934]]

terms of the Consent Judgment in Civil Action No. 91-0027 of
the United States District Court for the District of the
Northern Mariana Islands (May 21, 1992): Provided further,
That the Secretary of Labor is authorized to establish and,
in accordance with 31 U.S.C. 3302, collect and deposit in the
Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214)
and for processing applications and issuing registrations
under title I of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.).

Special Benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by title 5, chapter 81 of
the United States Code; continuation of benefits as provided
for under the heading ``Civilian War Benefits'' in the
Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
sections 4(c) and 5(f) of the War Claims Act of 1948 (50
U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, as amended,
$163,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That
amounts appropriated may be used under section 8104 of title
5, United States Code, by the Secretary of Labor to reimburse
an employer, who is not the employer at the time of injury,
for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2002, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of
the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of
such fair share entities through September 30, 2003: Provided
further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of
the Federal Employees' Compensation Act, $37,657,000 shall be
made available to the Secretary as follows: (1) for the
operation of and enhancement to the automated data processing
systems, including document imaging and conversion to a
paperless office, $24,928,000; (2) for medical bill review
and periodic roll management, $12,027,000; (3) for
communications redesign, $702,000; and (4) the remaining
funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require
that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code, or
33 U.S.C. 901 et seq., provide as part of such notice and
claim, such identifying information (including Social
Security account number) as such regulations may prescribe.

administrative expenses, energy employees occupational illness
compensation fund

(including transfer of funds)

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $104,867,000, to
remain available until expended: Provided, That the Secretary
of Labor is authorized to transfer to any Executive agency
with authority under the Energy Employees Occupational
Illness Compensation Act, including within the Department of
Labor, such sums as may be necessary in fiscal year 2003 to
carry out those authorities: Provided further, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim, such
identifying information (including Social Security account
number) as may be prescribed.

Black Lung Disability Trust Fund

(including transfer of funds)

Beginning in fiscal year 2003 and thereafter, such sums as
may be necessary from the Black Lung Disability Trust Fund,
to remain available until expended, for payment of all
benefits authorized by section 9501(d)(1), (2), (4), and (7)
of the Internal Revenue Code of 1954, as amended; and
interest on advances, as authorized by section 9501(c)(2) of
that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2003 for expenses of
operation and administration of the Black Lung Benefits
program, as authorized by section 9501(d)(5): $31,987,000 for
transfer to the Employment Standards Administration,
``Salaries and Expenses''; $22,952,000 for transfer to
Departmental Management, ``Salaries and Expenses''; $334,000
for transfer to Departmental Management, ``Office of
Inspector General''; and $356,000 for payments into
miscellaneous receipts for the expenses of the Department of
Treasury.

Occupational Safety and Health Administration

Salaries and Expenses

For necessary expenses for the Occupational Safety and
Health Administration, $462,314,000, including not to exceed
$92,531,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act,
and including $18,000,000 for safety and health standards, of
which notwithstanding any other provision of law, not less
than $2,000,000 is available to provide for the reissuance of
a rule relating to ergonomics by the Secretary of Labor, in
accordance with section 6 of the Occupational Safety and
Health Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2003,
to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory
recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further,
That none of the funds appropriated under this paragraph
shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or
order under the Act which is applicable to any person who is
engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees:
Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the
Act with respect to any employer of 10 or fewer employees who
is included within a category having an occupational injury
lost workday case rate, at the most precise Standard
Industrial Classification Code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:

Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That not less than
$3,200,000 shall be used to extend funding for the
Institutional Competency Building training grants which
commenced in September 2000, for program activities for the
period of September 30, 2003 to September 30, 2004, provided
that a grantee has demonstrated satisfactory performance.

Mine Safety and Health Administration

Salaries and Expenses

For necessary expenses for the Mine Safety and Health
Administration, $271,841,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles;
including up to $2,000,000 for mine rescue and recovery
activities; and including $10,000,000 for digitizing mine
maps and developing technologies to detect mine voids,
through contracts, grants, or other arrangements, to remain
available until expended; in addition, not to exceed $750,000
may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training
materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training
activities, notwithstanding 31 U.S.C. 3302; and, in addition,
the Mine Safety and Health Administration may retain up to
$1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities; the
Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining

[[Page S935]]

community through cooperative programs with States, industry,
and safety associations; and any funds available to the
department may be used, with the approval of the Secretary,
to provide for the costs of mine rescue and survival
operations in the event of a major disaster.

Bureau of Labor Statistics

Salaries and Expenses

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$415,855,000, together with not to exceed $72,029,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund; and $2,570,000 which
shall be available for obligation for the period July 1, 2003
through September 30, 2003, for Occupational Employment
Statistics.

Office of Disability Employment Policy

salaries and expenses

For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $47,015,000.

Departmental Management

Salaries and Expenses

For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or
through the Bureau of International Labor Affairs, including
bilateral and multilateral technical assistance and other
international labor activities, of which the funds designated
to carry out bilateral assistance under the international
child labor initiative shall be available for obligation
through September 30, 2004, and not less than $3,000,000
shall be for an Office of Pension Participant Advocacy, and
$55,000,000, for the acquisition of Departmental information
technology, architecture, infrastructure, equipment, software
and related needs which will be allocated by the Department's
Chief Information Officer in accordance with the Department's
capital investment management process to assure a sound
investment strategy; $396,313,000; together with not to
exceed $310,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund: Provided, That no funds made available by this Act may
be used by the Solicitor of Labor to participate in a review
in any United States court of appeals of any decision made by
the Benefits Review Board under section 21 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the
contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made
available by this Act may be used by the Secretary of Labor
to review a decision under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any
such decision pending a review by the Benefits Review Board
for more than 1 year shall be considered affirmed by the
Benefits Review Board on the 1-year anniversary of the filing
of the appeal, and shall be considered the final order of the
Board for purposes of obtaining a review in the United States
courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C.
901 et seq.).

Veterans Employment and Training

Not to exceed $191,537,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2003. To carry out the Stewart B.
McKinney Homeless Assistance Act and section 168 of the
Workforce Investment Act of 1998, $26,550,000, of which
$7,550,000 shall be available for obligation for the period
July 1, 2003 through June 30, 2004.

Office of Inspector General

For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $56,659,000, together with
not to exceed $5,597,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund.

GENERAL PROVISIONS

Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.

(transfer of funds)

Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the current fiscal year for the Department of Labor in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least
15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the U.S. Department of Labor prior to
enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be
constructed.
This title may be cited as the ``Department of Labor
Appropriations Act, 2003''.

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

Health Resources and Services

For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act, title
V (including section 510), and sections 1128E and 1820 of the
Social Security Act, the Health Care Quality Improvement Act
of 1986, as amended, the Native Hawaiian Health Care Act of
1988, as amended, the Cardiac Arrest Survival Act of 2000,
and the Poison Control Center Enhancement and Awareness Act,
$6,115,654,000, of which $45,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under
this heading, $250,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure
of information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of
the Social Security Act, shall be sufficient to recover the
full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided
further, That no more than $50,000,000 is available for
carrying out the provisions of Public Law 104-73: Provided
further, That of the funds made available under this heading,
$285,000,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That $739,000,000 shall be
for State AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act: Provided further, That
in addition to amounts provided herein, $25,000,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out Parts A, B, C, and D
of Title XXVI of the Public Health Service Act to fund
section 2691 Special Projects of National Significance:
Provided further, That $40,000,000 is available for special
projects of regional and national significance under section
501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in
section 502(a)(1) of such Act, and which shall be used only
for making competitive grants to provide abstinence education
(as defined in section 510(b)(2) of such Act) to adolescents
and for evaluations (including longitudinal evaluations) of
activities under the grants and for Federal costs of
administering the grants: Provided further, That grants under
the immediately preceding proviso shall be made only to
public and private entities which agree that, with respect to
an adolescent to whom the entities provide abstinence
education under such grant, the entities will not provide to
that adolescent any other education regarding sexual conduct,
except that, in the case of an entity expressly required by
law to provide health information or services the adolescent
shall not be precluded from seeking health information or
services from the entity in a different setting than the
setting in which the abstinence education was provided:
Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.

Health Education Assistance Loans Program Account

Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service

[[Page S936]]

Act, as amended. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public
Health Service Act, $3,914,000.

Vaccine Injury Compensation Program Trust Fund

For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act,
to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $2,991,000
shall be available from the Trust Fund to the Secretary of
Health and Human Services.

Centers for Disease Control and Prevention

Disease Control, Research, and Training

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act of 1977, sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970, title IV of the
Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980; including insurance
of official motor vehicles in foreign countries; and hire,
maintenance, and operation of aircraft, $4,302,749,000, of
which $270,000,000 shall remain available until expended for
equipment, and construction and renovation of facilities, and
of which $168,763,000 for international HIV/AIDS shall remain
available until September 30, 2004, and in addition, such
sums as may be derived from authorized user fees, which shall
be credited to this account: Provided, That in addition to
amounts provided herein, $14,000,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out the National Immunization Surveys:
Provided further, That in addition to amounts provided
herein, $28,600,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out information systems standards development and
architecture and applications-based research used at local
public health levels: Provided further, That in addition to
amounts provided herein, $41,900,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out Research Tools and Approaches
activities within the National Occupational Research Agenda:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States,
municipalities or other organizations under authority of
Section 214 of the Public Health Service Act for purposes
related to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the
Agency, Service, or the Department of Health and Human
Services during the period of detail or assignment: Provided
further, That none of the funds made available for injury
prevention and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun control:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to
be notified promptly of any such transfer: Provided further,
That not to exceed $15,000,000 may be available for making
grants under section 1509 of the Public Health Service Act to
not more than 15 States: Provided further, That without
regard to existing statute, funds appropriated may be used to
proceed, at CDC's discretion, with property acquisition,
including a long-term ground lease for construction on non-
federal land, to support the construction of a replacement
laboratory in the Fort Collins, Colorado area: Provided
further, That notwithstanding any other provision of law, a
single contract or related contracts for development and
construction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18.

National Institutes of Health

National Cancer Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,642,394,000.

National Heart, Lung, and Blood Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,820,011,000.

National Institute of Dental and Craniofacial Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$374,067,000.

National Institute of Diabetes and Digestive and Kidney Diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,637,347,000.

National Institute of Neurological Disorders and Stroke

For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,466,005,000.

National Institute of Allergy and Infectious Diseases

(including transfer of funds)

For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $3,727,473,000: Provided, That $100,000,000 may be
made available to International Assistance Programs, ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended: Provided further, That up to
$150,000,000 shall be for extramural facilities construction
grants to enhance the Nation's capability to do research on
biological and other agents.

National Institute of General Medical Sciences

For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,853,584,000.

National Institute of Child Health and Human Development

For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,213,817,000.

National Eye Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $634,290,000.

National Institute of Environmental Health Sciences

For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $617,258,000.

National Institute on Aging

For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,000,099,000.

National Institute of Arthritis and Musculoskeletal and Skin Diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $489,324,000.

National Institute on Deafness and Other Communication Disorders

For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $372,805,000.

National Institute of Nursing Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$131,438,000.

National Institute on Alcohol Abuse and Alcoholism

For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $418,773,000.

National Institute on Drug Abuse

For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $968,013,000.

National Institute of Mental Health

For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,350,788,000.

National Human Genome Research Institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$468,037,000.

National Institute of Biomedical Imaging and Bioengineering

For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $283,100,000.

National Center for Research Resources

For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,161,272,000: Provided,
That none of these funds shall be used to pay recipients of
the general research support grants program any amount for
indirect expenses in connection with such grants: Provided
further, That $125,000,000 shall be for extramural facilities
construction grants.

National Center for Complementary and Alternative Medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $114,149,000.

National Center on Minority Health and Health Disparities

For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $186,929,000.

John E. Fogarty International Center

For carrying out the activities at the John E. Fogarty
International Center, $60,880,000.

National Library of Medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $302,099,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2003, the Library may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health:
Provided further, That in addition to amounts provided
herein, $8,200,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out National Information Center on Health Services Research
and Health Care Technology and related health services.

[[Page S937]]

Office of the Director

(including transfer of funds)

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $257,974,000:
Provided, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to 1
percent of the total amount made available in this or any
other Act to all National Institutes of Health appropriations
to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by
more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided
further, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health
research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National
Institutes of Health Management Fund shall remain available
for 1 fiscal year after the fiscal year in which they are
deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health
Service Act.

buildings and facilities

(including transfer of funds)

For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $607,800,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, single contracts or related contracts, which
collectively include the full scope of the project, may be
employed for the development and construction of the first
and second phases of the John Edward Porter Neuroscience
Research Center: Provided further, That the solicitations and
contracts shall contain the clause ``availability of funds''
found at 48 CFR 52.232-18.

Substance Abuse and Mental Health Services Administration

Substance Abuse and Mental Health Services

For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health
services, the Protection and Advocacy for Mentally Ill
Individuals Act of 1986, and section 301 of the Public Health
Service Act with respect to program management,
$3,129,717,000: Provided, That, $955,000, to remain available
until expended, shall be for protection, maintenance, and
environmental remediation of the Federally owned facilities
at St. Elizabeths Hospital: Provided further, That in
addition to amounts provided herein, $62,200,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out Subpart II of Title
XIX of the Public Health Service Act to fund section 1935(b)
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts
appropriated for Subpart II of Title XIX: Provided further,
That in addition to amounts provided herein, $12,000,000
shall be made available from amounts available under section
241 of the Public Health Service Act to carry out data
collection activities supporting the annual National
Household Survey.

Agency for Healthcare Research and Quality

Healthcare Research and Quality

For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $308,645,000; in addition, amounts received from Freedom
of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this
appropriation and shall remain available until expended.

Centers for Medicare and Medicaid Services

Grants to States for Medicaid

For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $112,090,218,000, to
remain available until expended.
For making, after May 31, 2003, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2003 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2004,
$51,861,386,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.

Payments to Health Care Trust Funds

For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments
of 1965, section 278(d) of Public Law 97-248, and for
administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $81,462,700,000.

Program Management

For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$2,559,664,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance
Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may
be collected from authorized user fees and the sale of data,
which shall remain available until expended, and together
with administrative fees collected relative to Medicare
overpayment recovery activities, which shall remain available
until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of
this appropriation: Provided further, That from amounts
appropriated under this heading, $3,000,000 for the managed
care system redesign shall remain available until expended:
Provided further, That $51,000,000, to remain available until
September 30, 2004, is for contract costs for the Healthcare
Integrated General Ledger Accounting System: Provided
further, That to the extent Medicare claims volume is
projected by the Centers for Medicare and Medicaid Services
(CMS) to exceed 223,500,000 Part A claims and/or 870,000,000
Part B claims, an additional $46,800,000 shall be available
for obligation for every 50,000,000 increase in Medicare
claims volume (including a pro rata amount for any increment
less than 50,000,000) from the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust Fund:
Provided further, That the Secretary of Health and Human
Services is directed to collect fees in fiscal year 2003 from
Medicare+Choice organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act.

Health Maintenance Organization Loan and Loan Guarantee Fund

For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 2003, no commitments for
direct loans or loan guarantees shall be made.

Administration for Children and Families

Payments to States for Child Support Enforcement and Family Support
Programs

For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$2,475,800,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2004,
$1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families (TANF) with respect to such State, such sums as may
be necessary: Provided, That the sum of the amounts available
to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and
the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3
months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.

Low Income Home Energy Assistance

For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,700,000,000.

Refugee and Entrant Assistance

For making payments for refugee and entrant assistance
activities authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-422), $432,724,000:
Provided, That funds appropriated pursuant to section 414(a)
of the Immigration and Nationality Act for fiscal year 2003
shall be available for the costs of assistance provided and
other activities through September 30, 2005: Provided
further, That up to $10,000,000 is available to carry out the
Trafficking Victims Protection Act of 2000.
For carrying out section 5 of the Torture Victims Relief
Act of 1998 (Public Law 105-320), $10,000,000.

Payments to States for the Child Care and Development Block Grant

For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $2,099,994,000 shall be
used to supplement, not supplant state general revenue funds
for child care assistance for low-income families: Provided,
That

[[Page S938]]

$19,120,000 shall be available for child care resource and
referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free
hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$272,672,000 shall be reserved by the States for activities
authorized under section 658G, of which $100,000,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $10,000,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.

Social Services Block Grant

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.

Children and Families Services Programs

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and
316 of the Family Violence Prevention and Services Act, as
amended, the Native American Programs Act of 1974, title II
of Public Law 95-266 (adoption opportunities), the Adoption
and Safe Families Act of 1997 (Public Law 105-89), sections
1201 and 1211 of the Children's Health Act of 2000, the
Abandoned Infants Assistance Act of 1988, the Early Learning
Opportunities Act, part B(1) of title IV and sections 413,
429A, 1110, and 1115 of the Social Security Act, and sections
40155, 40211, and 40241 of Public Law 103-322; for making
payments under the Community Services Block Grant Act,
sections 439(h), 473A and 477(h)(2) of the Social Security
Act, and title IV of Public Law 105-285, and for necessary
administrative expenses to carry out said Acts and titles I,
IV, X, XI, XIV, XVI, and XX of the Social Security Act, the
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, section 5 of the Torture Victims
Relief Act of 1998 (Public Law 105-320), sections 40155,
40211, and 40241 of Public Law 103-322, and section 126 and
titles IV and V of Public Law 100-485, $8,648,884,000, of
which $43,000,000, to remain available until September 30,
2004, shall be for grants to States for adoption incentive
payments, as authorized by section 473A of title IV of the
Social Security Act (42 U.S.C. 670-679) and may be made for
adoptions completed in fiscal years 2001 and 2002; of which
$6,667,533,000 shall be for making payments under the Head
Start Act, of which $1,400,000,000 shall become available
October 1, 2003 and remain available through September 30,
2004; and of which $740,477,000 shall be for making payments
under the Community Services Block Grant Act: Provided, That
not less than $7,500,000 shall be for section 680(3)(B) of
the Community Services Block Grant Act, as amended: Provided
further, That in addition to amounts provided herein,
$6,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out the
provisions of Section 1110 of the Social Security Act:
Provided further, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an
eligible entity as provided under the Act, and have not been
expended by such entity, they shall remain with such entity
for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes: Provided
further, That the Secretary shall establish procedures
regarding the disposition of intangible property which
permits grant funds, or intangible assets acquired with funds
authorized under section 680 of the Community Services Block
Grant Act, as amended, to become the sole property of such
grantees after a period of not more than 12 years after the
end of the grant for purposes and uses consistent with the
original grant: Provided further, That funds appropriated for
section 680(a)(2) of the Community Services Block Grant Act,
as amended, shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $93,000,000 shall be for activities
authorized by the Runaway and Homeless Youth Act,
notwithstanding the allocation requirements of section 388(a)
of such Act, of which $41,800,000 is for the transitional
living program: Provided further, That $45,000,000 is for a
compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to
encourage research on the best practices of social service
organizations.

Promoting Safe and Stable Families

For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $200,000,000.

Payments to States for Foster Care and Adoption Assistance

For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $4,855,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2004, $1,745,600,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.

Administration on Aging

Aging Services Programs

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of
the Public Health Service Act, $1,369,290,000, of which
$6,000,000 shall be available for activities regarding
medication management, screening, and education to prevent
incorrect medication and adverse drug reactions: Provided,
That $149,670,000 shall be available for carrying out section
311 of the Older Americans Act of 1965 consistent with the
formula of such Act (as amended by section 217 of this Act).

Office of the Secretary

General Departmental Management

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, XVII, and XX of the Public
Health Service Act, and the United States-Mexico Border
Health Commission Act, $368,535,000, together with $5,851,000
to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under
this heading for carrying out title XX of the Public Health
Service Act, $11,885,000 shall be for activities specified
under section 2003(b)(2), of which $10,157,000 shall be for
prevention service demonstration grants under section
510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of
said title XX: Provided further, That of this amount,
$50,000,000 is for minority AIDS prevention and treatment
activities; and $20,000,000 shall be for an Information
Technology Security and Innovation Fund for Department-wide
activities involving cybersecurity, information technology
security, and related innovation projects.

Office of Inspector General

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $39,747,000: Provided, That, of such
amount, necessary sums are available for providing protective
services to the Secretary and investigating non-payment of
child support cases for which non-payment is a Federal
offense under 18 U.S.C. 228.

office for civil rights

For expenses necessary for the Office for Civil Rights,
$30,328,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund.

policy research

For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act and title III of the Public Health Service Act,
$2,499,000: Provided, That in addition to amounts provided
herein, $18,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out national health or human services research and evaluation
activities: Provided further, That the expenditure of any
funds available under section 241 of the Public Health
Service Act are subject to the requirements of section 205 of
this Act.

Retirement Pay and Medical Benefits for Commissioned Officers

For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act (10 U.S.C. ch. 55 and 56), and for payments
pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during the
current fiscal year. The following are definitions for the
medical benefits of the Public Health Service Commissioned
Officers that apply to 10 U.S.C. chapter 56, section 1116(c).
The source of funds for the monthly accrual payments into the
Department of Defense Medicare-Eligible Retiree Health Care
Fund shall be the Retirement Pay and Medical Benefits for
Commissioned Officers account. For purposes of this Act, the
term ``pay of members'' shall be construed to be synonymous
with retirement payments to U.S. Public Health Service
officers who are retired for age, disability, or length of
service; payments to survivors of deceased officers; medical
care to active duty and retired members and dependents and
beneficiaries; and for payments to the Social Security
Administration for military service credits; all of which
payments are provided for by the Retirement Pay and Medical
Benefits for Commissioned Officers account.

public health and social services emergency fund

For expenses necessary to support activities related to
countering potential biological, disease and chemical threats
to civilian populations, $2,255,980,000: Provided, That this
amount is distributed as follows: Centers for Disease Control
and Prevention, $1,541,740,000

[[Page S939]]

of which $300,000,000 shall remain available until expended
for the National Pharmaceutical Stockpile; Office of the
Secretary, $152,240,000; Health Resources and Services
Administration, $547,000,000; Substance Abuse and Mental
Health Services Administration, $10,000,000; and the Agency
for Healthcare Research and Quality, $5,000,000.

GENERAL PROVISIONS

Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may
be used to implement section 399F(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 1.25 percent, of any amounts
appropriated for programs authorized under said Act and other
Acts shall be made available for the evaluation (directly, or
by grants or contracts) of the implementation and
effectiveness of such programs.

(transfer of funds)

Sec. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the current fiscal year for the Department of Health and
Human Services in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
an appropriation may be increased by up to an additional 2
percent subject to approval by the House and Senate
Committees on Appropriations: Provided further, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of the National Institutes of
Health and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary that it encourages family
participation in the decision of minors to seek family
planning services and that it provides counseling to minors
on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare+Choice program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare+Choice organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 212. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-
167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998, 1999,
2000, and 2001'' and inserting ``1997, 1998, 1999, 2000,
2001, 2002 and 2003''; and
(B) in subsection (e), by striking ``October 1, 2002'' each
place it appears and inserting ``October 1, 2003''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2002'' and inserting
``September 30, 2003''.
Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2003 that the State will commit additional State
funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human
Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2003 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2002,
and adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The
State is to submit a report to the Secretary on all fiscal
year 2002 State expenditures and all fiscal year 2003
obligations for tobacco prevention and compliance activities
by program activity by July 31, 2003.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2003.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
from a territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2003, the Secretary of Health and Human
Services is authorized to--
(1) utilize the authorities contained in subsection 2(c) of
the State Department Basic Authorities Act of 1956, as
amended; and
(2) utilize the authorities contained in 22 U.S.C. 291 and
292 and directly or through contract or cooperative agreement
to lease, alter or renovate facilities in foreign countries,
to carry out programs supported by this appropriation
notwithstanding section 307 of the Public Health Service Act.

In exercising the authority set forth in paragraphs (1) and
(2), the Secretary of Health and Human Services shall consult
with the Department of State to assure that planned
activities are within the legal strictures of the State
Department Basic Authorities Act of 1956, as amended, and
other applicable parts of title 22, United States Code.
Sec. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.
Sec. 217. (a) Section 311 of the Older Americans Act of
1965 (42 U.S.C. 3030a) is amended--
(1) in subsection (b)--
(A) in the caption, by striking ``of cash or commodities''
and inserting ``and payment''; and
(B) in paragraph (1)--
(i) by striking ``The Secretary of Agriculture shall allot
and provide in the form of cash or commodities or a
combination thereof (at the discretion of the State) to each
State agency'' and inserting ``The Secretary shall allot and
provide, in accordance with this section, to or on behalf of
each State agency''; and
(ii) by striking ``to each grantee'' and inserting ``to or
on behalf of each grantee''; and
(2) in subsection (d)--
(A) in the caption, to read as follows: ``Option to obtain
commodities from Secretary of Agriculture'';
(B) in paragraph (1), to read as follows: ``Each State
agency and each grantee under title VI shall be entitled to
use all or any part of amounts allotted under subsection (b)
to obtain from the Secretary of Agriculture commodities
available through any Federal food commodity processing
program, at the rates at which such commodities are valued
for purposes of such program.'';
(C) by redesignating paragraphs (2) and (4) as paragraphs
(4) and (5), respectively;
(D) by striking paragraph (3);
(E) by adding after paragraph (1) the following new
paragraphs:
``(2) The Secretary of Agriculture shall determine and
report to the Secretary, by such

[[Page S940]]

date as the Secretary may require, the amount (if any) of its
allotment under subsection (b) which each State agency and
title VI grantee has elected to receive in the form of
commodities. Such amount shall include an amount bearing the
same ratio to the costs to the Secretary of Agriculture of
providing such commodities under this subsection as the value
of commodities received by such State agency or title VI
grantee under this subsection bears to the total value of
commodities so received.
``(3) From the allotment under subsection (b) for each
State agency and title VI grantee, the Secretary shall first
reimburse the Secretary of Agriculture for costs of
commodities received by such State agency or grantee under
this subsection, and shall then pay the balance (if any) to
such State agency or grantee.'';
(F) in paragraph (4), as redesignated, in the first
sentence, to read as follows: ``Each State agency shall
promptly and equitably disburse amounts received under this
subsection to recipients of grants and contracts.''; and
(G) in paragraph (5), as redesignated, by striking
``donation'' and inserting ``provision''.
Sec. 218. Notwithstanding section 409B(c) of the Public
Health Service Act regarding a limitation on the number of
such grants, funds appropriated in this Act may be expended
by the Director of the National Institutes of Health to award
Core Center Grants to encourage the development of innovative
multidisciplinary research and provide training concerning
Parkinson's disease. Each center funded under such grants
shall be designated as a Morris K. Udall Center for Research
on Parkinson's Disease.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2003''.

TITLE III--DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the
Higher Education Act of 1965, $13,178,400,000, of which
$4,354,199,000 shall become available on July 1, 2003, and
shall remain available through September 30, 2004, and of
which $8,627,301,000 shall become available on October 1,
2003, and shall remain available through September 30, 2004,
for academic year 2003-2004: Provided, That $7,172,971,000
shall be available for basic grants under section 1124:
Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary of Education on October 1,
2002, to obtain updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further,
That $1,365,031,000 shall be available for concentration
grants under section 1124A: Provided further, That
$1,405,999,000 shall be available for targeted grants under
section 1125: Provided further, That $1,405,999,000 shall be
available for education finance incentive grants under
section 1125A.

Impact Aid

For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,176,500,000, of which $1,012,500,000 shall be for basic
support payments under section 8003(b), $52,000,000 shall be
for payments for children with disabilities under section
8003(d), $47,000,000 shall be for construction under section
8007 and shall remain available through September 30, 2004,
$57,000,000 shall be for Federal property payments under
section 8002, and $8,000,000, to remain available until
expended, shall be for facilities maintenance under section
8008.

School Improvement Programs

For carrying out school improvement activities authorized
by titles II, IV, V, VI, and parts B and C of title VII of
the Elementary and Secondary Education Act of 1965
(``ESEA''); part B of title II of the Higher Education Act;
the McKinney-Vento Homeless Assistance Act; and the Civil
Rights Act of 1964, $7,788,329,000, of which $500,000,000
shall become available October 1, 2002, and shall remain
available through September 30, 2004, of which $3,818,517,000
shall become available on July 1, 2003, and remain available
through September 30, 2004, and of which $1,765,000,000 shall
become available on October 1, 2003, and shall remain
available through September 30, 2004, for academic year 2003-
2004: Provided, That of the amount made available for subpart
3, part C, of title II of the ESEA, $3,000,000 shall be used
by the Center for Civic Education to implement a
comprehensive program to improve public knowledge,
understanding, and support of the Congress and the state
legislatures: Provided further, That of the funds made
available for subpart 2 of part A of title IV of the ESEA,
$5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence program to
provide education-related services to local educational
agencies in which the learning environment has been disrupted
due to a violent or traumatic crisis: Provided further, That
no funds appropriated under this heading may be used to carry
out section 5494 under the Elementary and Secondary Education
Act: Provided further, That $735,661,000 shall be available
to carry out part D of title V of the ESEA.

Indian Education

For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $122,368,000.

English Language Acquisition

For carrying out title III, part A of the ESEA,
$690,000,000, of which $494,000,000 shall become available on
July 1, 2003, and shall remain available through September
30, 2004.

Special Education

For carrying out the Individuals with Disabilities
Education Act, $9,691,424,000, of which $3,335,233,000 shall
become available for obligation on July 1, 2003, and shall
remain available through September 30, 2004, and of which
$6,072,000,000 shall become available on October 1, 2003, and
shall remain available through September 30, 2004, for
academic year 2003-2004: Provided, That $9,500,000 shall be
for Recording for the Blind and Dyslexic to support the
development, production, and circulation of recorded
educational materials: Provided further, That $1,500,000
shall be for the recipient of funds provided by Public Law
105-78 under section 687(b)(2)(G) of the Act to provide
information on diagnosis, intervention, and teaching
strategies for children with disabilities: Provided further,
That the amount for section 611(c) of the Act shall be equal
to the amount available for that section in the Department of
Education Appropriations Act, 2002, increased by the amount
of inflation as specified in section 611(f)(1)(B)(ii) of the
Act.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act,
$2,959,838,000, of which $1,000,000 available for section
303(b) of the Rehabilitation Act of 1973 shall be used to
improve the quality of applied orthotic and prosthetic
research and help meet the demand for provider services:
Provided, That the funds provided for title I of the
Assistive Technology Act of 1998 (``the AT Act'') shall be
allocated notwithstanding section 105(b)(1) of the AT Act:
Provided further, That section 101(f) of the AT Act shall not
limit the award of an extension grant to three years:
Provided further, That no State or outlying area awarded
funds under section 101 shall receive less than the amount
received in fiscal year 2002: Provided further, That each
State shall be provided $100,000 and each outlying area
$30,000 for activities under section 102 of the AT Act.

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $15,500,000.

national technical institute for the deaf

For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $54,600,000, of which $1,600,000 shall
be for construction and shall remain available until
expended: Provided, That from the total amount available, the
Institute may at its discretion use funds for the endowment
program as authorized under section 207.

gallaudet university

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$98,438,000: Provided, That from the total amount available,
the University may at its discretion use funds for the
endowment program as authorized under section 207.

Vocational and Adult Education

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education
Act, and the Adult Education and Family Literacy Act, and
title VIII-D of the Higher Education Act of 1965, as amended,
and Public Law 102-73, $1,938,060,000, of which
$1,140,060,000 shall become available on July 1, 2003 and
shall remain available through September 30, 2004 and of
which $791,000,000 shall become available on October 1, 2003
and shall remain available through September 30, 2004:
Provided, That of the amounts made available for the Carl D.
Perkins Vocational and Applied Technology Education Act,
$7,000,000 shall be for tribally controlled postsecondary
vocational and technical institutions under section 117:
Provided further, That notwithstanding any other provision of
law or any regulation, the Secretary of Education shall not
require the use of a restricted indirect cost rate for grants
issued pursuant to section 117 of the Carl D. Perkins
Vocational and Applied Technology Education Act: Provided
further, That $10,000,000 shall be for carrying out section
118 of such Act: Provided further, That of the amounts made
available for the Carl D. Perkins Vocational and Applied
Technology Education Act, $5,000,000 shall be for
demonstration activities authorized by section 207: Provided
further, That of the amount provided for Adult Education
State Grants, $70,000,000 shall be made available for
integrated English literacy and civics education services to
immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated
English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act,
65 percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the Immigration and Naturalization

[[Page S941]]

Service data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by
the average of the 3 most recent years for which Immigration
and Naturalization Service data for immigrants admitted for
legal permanent residence are available, except that no State
shall be allocated an amount less than $60,000: Provided
further, That of the amounts made available for the Adult
Education and Family Literacy Act, $9,500,000 shall be for
national leadership activities under section 243 and
$6,560,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $25,000,000 shall
be for Youth Offender Grants, of which $5,000,000 shall be
used in accordance with section 601 of Public Law 102-73 as
that section was in effect prior to the enactment of Public
Law 105-220.

Student Financial Assistance

For carrying out subparts 1, 3 and 4 of part A, section
428K, part C and part E of title IV of the Higher Education
Act of 1965, as amended, $13,151,500,000, which shall remain
available through September 30, 2004.
The maximum Pell Grant for which a student shall be
eligible during award year 2003-2004 shall be $4,100.

Higher Education

For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, and VII of the
Higher Education Act of 1965 (``HEA''), as amended, title
VIII of the Higher Education Amendments of 1998, and the
Mutual Educational and Cultural Exchange Act of 1961,
$2,047,640,000, of which $3,000,000 for interest subsidies
authorized by section 121 of the HEA, shall remain available
until expended: Provided, That $10,000,000, to remain
available through September 30, 2004, shall be available to
fund fellowships for academic year 2004-2005 under part A,
subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That
$1,000,000 is for data collection and evaluation activities
for programs under the HEA, including such activities needed
to comply with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals
who are participating in advanced foreign language training
and international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That up to one percent of the funds
referred to in the preceding proviso may be used for program
evaluation, national outreach, and information dissemination
activities.

Howard University

For partial support of Howard University (20 U.S.C. 121 et
seq.), $239,974,000, of which not less than $3,600,000 shall
be for a matching endowment grant pursuant to the Howard
University Endowment Act (Public Law 98-480) and shall remain
available until expended.

College Housing and Academic Facilities Loans Program

For Federal administrative expenses authorized under
section 121 of the Higher Education Act of 1965, $762,000 to
carry out activities related to existing facility loans
entered into under the Higher Education Act of 1965.

Historically Black College and University Capital Financing Program
Account

The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher
Education Act of 1965 shall not exceed $357,000,000, and the
cost, as defined in section 502 of the Congressional Budget
Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program
entered into pursuant to title III, part D of the Higher
Education Act of 1965, as amended, $208,000.

institute of education science

For carrying out activities authorized by Public Law 107-
279, $397,387,000: Provided, That of the amount appropriated,
$89,500,000 shall be available for obligation through
September 30, 2004.

Departmental Management

Program Administration

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $412,093,000, of which
$12,795,000, to remain available until expended, shall be for
building alterations and related expenses for the
modernization of the Mary E. Switzer Building in Washington,
D.C.

Office for Civil Rights

For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $86,276,000.

Office of the Inspector General

For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $41,000,000.

STUDENT AID ADMINISTRATION

For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C,
D and E of title IV of the Higher Education Act of 1965, as
amended, $105,388,000.

GENERAL PROVISIONS

Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.

(transfer of funds)

Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for
the Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses
of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. Section 1202 of the Elementary and Secondary
Education Act of 1965 is amended by inserting the following
subsection at the end thereof:
``(g) Supplement, not Supplant.--State or local educational
agency shall use funds received under this subpart only to
supplement the level of non-Federal funds that, in the
absence of funds under this subpart, would be expended for
activities authorized under this subpart, and not to supplant
those non-Federal funds.''.
Sec. 306. Notwithstanding section 1124(c)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(2)), for each fiscal year, if the local educational
agency serving New York City receives an allocation under
section 1122 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6332) in an amount that is greater than the
amount received by the agency under section 1122 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6332) for fiscal year 2002, then--
(1) the agency shall distribute any funds received under
section 1122 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6332) in excess of the amount of the fiscal
year 2002 allocation consistent with section 1113(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(c)); and
(2) each county in New York City shall receive an amount
from the agency that is not less than the amount the county
received in fiscal year 2002.
Sec. 307. Section 7304 of the No Child Left Behind Act of
2001, Public Law 107-110 is amended--
(1) by striking ``(a)(2)(P) Dropout prevention programs
such as'' and inserting ``(a)(2)(P) Dropout prevention
programs operated by''; and
(2) by striking ``(a)(2)(S) Provision of operational
support and purchasing equipment,'' and inserting ``(a)(2)(S)
Provision of operational support and construction funding,
and purchasing of equipment,''.
Sec. 308. Section 7205 of the No Child Left Behind Act of
2001, Public Law 107-110 is amended by adding the following
new subsection after subsection (L):
``(M) construction, renovation, and modernization of any
elementary school, secondary school, or structure related to
an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body.''.
This title may be cited as the ``Department of Education
Appropriations Act, 2003''.

TITLE IV--RELATED AGENCIES

Armed Forces Retirement Home

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport, to
be paid from funds available in the Armed Forces Retirement
Home Trust Fund, $67,340,000, of which $5,712,000 shall
remain available until expended for construction and
renovation of the physical plants at the Armed Forces
Retirement Home--Washington and the Armed Forces Retirement
Home--Gulfport: Provided, That, notwithstanding any other
provision of law, a single contract or related contracts for
development and construction,

[[Page S942]]

to include construction of a facility at the United States
Naval Home, may be employed which collectively include the
full scope of the project: Provided further, That the
solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18 and
252.232-7007, Limitation of Government Obligations.

Corporation for National and Community Service

Domestic Volunteer Service Programs, Operating Expenses

For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $351,063,000:
Provided, That none of the funds made available to the
Corporation for National and Community Service in this Act
for activities authorized by part E of title II of the
Domestic Volunteer Service Act of 1973 shall be used to
provide stipends or other monetary incentives to volunteers
or volunteer leaders whose incomes exceed the restrictions
outlined in Part B of title II of such Act.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2005, $395,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That for fiscal
year 2003, in addition to the amounts provided above,
$48,744,000, for costs related to digital program production,
development, and distribution, associated with the transition
of public broadcasting to digital broadcasting, to be awarded
as determined by the Corporation in consultation with public
radio and television licensees or permittees, or their
designated representatives.

Federal Mediation and Conciliation Service

Salaries and Expenses

For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
180, 182-183), including hire of passenger motor vehicles;
for expenses necessary for the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a); and for expenses necessary for
the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch.
71), $40,718,000, including $1,500,000, to remain available
through September 30, 2004, for activities authorized by the
Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees charged,
up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance,
including those provided to foreign governments and
international organizations, and for arbitration services
shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees
for arbitration services shall be available only for
education, training, and professional development of the
agency workforce: Provided further, That the Director of the
Service is authorized to accept and use on behalf of the
United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the
Director's jurisdiction.

Federal Mine Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $7,127,000.

Institute of Museum and Library Services

For carrying out the Museum and Library Services Act,
$203,000,000.

Medicare Payment Advisory Commission

salaries and expenses

For expenses necessary to carry out section 1805 of the
Social Security Act, $8,250,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.

National Commission on Libraries and Information Science

Salaries and Expenses

For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $1,000,000.

National Council on Disability

Salaries and Expenses

For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $2,830,000.

National Labor Relations Board

Salaries and Expenses

For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-
167), and other laws, $238,223,000: Provided, That no part of
this appropriation shall be available to organize or assist
in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers
as referred to in section 2(3) of the Act of July 5, 1935 (29
U.S.C. 152), and as amended by the Labor-Management Relations
Act, 1947, as amended, and as defined in section 3(f) of the
Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained
or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for
farming purposes.

National Mediation Board

Salaries and Expenses

For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $11,203,000.

Occupational Safety and Health Review Commission

Salaries and Expenses

For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $9,577,000.

Railroad Retirement Board

dual benefits payments account

For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $132,000,000, which shall include amounts becoming
available in fiscal year 2003 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds
$132,000,000: Provided, That the total amount provided herein
shall be credited in 12 approximately equal amounts on the
first day of each month in the fiscal year.

Federal Payments to the Railroad Retirement Accounts

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2004, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.

Limitation on Administration

For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $97,720,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund:
Provided, That notwithstanding any other provision of law, no
monies made available under this head for administration of
the Railroad Retirement or Railroad Unemployment Insurance
Acts shall be available for payment of charges, in excess of
actual rent costs, pursuant to section 210(j) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 490(j)).

Limitation on the Office of Inspector General

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more
than $6,300,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any other
paragraph of this Act may be transferred to the Office; used
to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities
or services, maintenance services, or administrative services
for the Office; used to pay any salary, benefit, or award for
any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for
any service provided, or expense incurred, by the Office:
Provided further, That funds made available under the heading
in this Act, or subsequent Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, may be used for any audit, investigation,
or review of the Medicare program.

Social Security Administration

Payments to Social Security Trust Funds

For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $20,400,000.

Special Benefits for Disabled Coal Miners

For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, $300,177,000, to remain available until
expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Federal
Mine Safety and Health Act of 1977, for costs incurred in the
current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health

[[Page S943]]

Act of 1977 for the first quarter of fiscal year 2004,
$97,000,000, to remain available until expended.

Supplemental Security Income Program

For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $23,914,392,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2004,
$11,080,000,000, to remain available until expended.

Limitation on Administrative Expenses

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$7,825,000,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $1,800,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2003
not needed for fiscal year 2003 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, $111,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2003 exceed $111,000,000, the amounts shall be
available in fiscal year 2004 only to the extent provided in
advance in appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2002 shall be
available to continue Federal-State partnerships which will
evaluate means to promote Medicare buy-in programs targeted
to elderly and disabled individuals under titles XVIII and
XIX of the Social Security Act.

Office of Inspector General

(including transfer of funds)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $21,000,000, together with not to exceed
$62,000,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House and Senate.

United States Institute of Peace

Operating Expenses

For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $16,200,000.

TITLE V--GENERAL PROVISIONS

Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Salaries and expenses, Federal Mediation and Conciliation
Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation
Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry
out any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
Sec. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal
money; (2) the dollar amount of Federal funds for the project
or program; and (3) percentage and dollar amount of the total
costs of the project or program that will be financed by non-
governmental sources.
Sec. 508. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any
abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for health
benefits coverage that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
Sec. 510. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b)
of the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any

[[Page S944]]

organism, not protected as a human subject under 45 CFR 46 as
of the date of the enactment of this Act, that is derived by
fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.
Sec. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established by section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
2(b)) providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an
individual's capacity as an employer or a health care
provider), until legislation is enacted specifically
approving the standard.
Sec. 514. (a) Section 1708 of the United States Institute
of Peace Act (22 U.S.C. 4607) is amended in subsection (g),
by striking ``on or before December 31, 1970''.
(b) Section 1710 of the United States Institute of Peace
Act (22 U.S.C. 4609) is amended in subsection (a)(1), by
striking the numeral ``4'' preceding the phrase ``succeeding
fiscal years'' and inserting the numeral ``5''.
Sec. 515. Of the budgetary resources available to the
Departments of Labor, Health and Human Services, and
Education in this Act for salaries and expenses during fiscal
year 2003, $96,664,000, to be allocated by the Office of
Management and Budget, are permanently canceled.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2003''.

DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003

Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Legislative
Branch for the fiscal year ending September 30, 2003, and for
other purposes, namely:

TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS

SENATE

Payment to Widows and Heirs of Deceased Members of Congress

For a payment to Paul David Wellstone, Jr., son of Paul
David Wellstone, late a Senator from Minnesota, $50,000; Mark
D. Wellstone, son of Paul David Wellstone, late a Senator
from Minnesota, $50,000; and Michael Kerner, Guardian of the
Estate of Joshua Kerner, for Joshua Kerner, minor, son of
Marcia Wellstone Markuson, deceased, daughter of Paul David
Wellstone, late a Senator from Minnesota, $50,000.

Expense Allowances

For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $20,000; Majority Leader
of the Senate, $20,000; Minority Leader of the Senate,
$20,000; Majority Whip of the Senate, $10,000; Minority Whip
of the Senate, $10,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen
of the Majority and Minority Policy Committees, $5,000 for
each Chairman; in all, $120,000.

Representation Allowances for the Majority and Minority Leaders

For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.

Salaries, Officers and Employees

For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$116,891,000, which shall be paid from this appropriation
without regard to the following limitations:

office of the vice president

For the Office of the Vice President, $1,949,000.

office of the president pro tempore

For the Office of the President Pro Tempore, $518,000.

offices of the majority and minority leaders

For Offices of the Majority and Minority Leaders,
$3,094,000.

offices of the majority and minority whips

For Offices of the Majority and Minority Whips, $2,042,000.

committee on appropriations

For salaries of the Committee on Appropriations,
$11,266,000.

conference committees

For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,305,000 for each such
committee; in all, $2,610,000.

offices of the secretaries of the conference of the majority and the
conference of the minority

For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $648,000.

policy committees

For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,362,000 for each such
committee; in all, $2,724,000.

office of the chaplain

For Office of the Chaplain, $315,000.

office of the secretary

For Office of the Secretary, $17,079,000.

office of the sergeant at arms and doorkeeper

For Office of the Sergeant at Arms and Doorkeeper,
$43,161,000.

offices of the secretaries for the majority and minority

For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,410,000.

agency contributions and related expenses

For agency contributions for employee benefits, as
authorized by law, and related expenses, $30,075,000.

Office of the Legislative Counsel of the Senate

For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $4,581,000.

Office of Senate Legal Counsel

For salaries and expenses of the Office of Senate Legal
Counsel, $1,176,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate

For expense allowances of the Secretary of the Senate,
$3,000; Sergeant at Arms and Doorkeeper of the Senate,
$3,000; Secretary for the Majority of the Senate, $3,000;
Secretary for the Minority of the Senate, $3,000; in all,
$12,000.

Contingent Expenses of the Senate

inquiries and investigations

For expenses of inquiries and investigations ordered by the
Senate, or conducted under section 134(a) of Public Law 601,
Seventy-ninth Congress section 112 of Public Law 96-304 and
Senate Resolution 281, agreed to March 11, 1980,
$109,450,000.

expenses of the united states senate caucus on international narcotics
control

For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.

secretary of the senate

For expenses of the Office of the Secretary of the Senate,
$7,077,000, of which $5,000,000 shall remain available until
September 30, 2007.

sergeant at arms and doorkeeper of the senate

For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $114,423,000, of which $9,570,000
shall remain available until September 30, 2005, and of which
$13,574,000 shall remain available until September 30, 2007.

miscellaneous items

For miscellaneous items, $18,513,000, of which up to
$500,000 shall be made available for a pilot program for
mailings of postal patron postcards by Senators for the
purpose of providing notice of a town meeting by a Senator in
a county (or equivalent unit of local government) with a
population of less than 250,000 and at which the Senator will
personally attend: Provided, That any amount allocated to a
Senator for such mailing shall not exceed 50 percent of the
cost of the mailing and the remaining cost shall be paid by
the Senator from other funds available to the Senator:
Provided further, That not later than October 31, 2003, the
Sergeant at Arms and Doorkeeper of the Senate shall submit a
report to the Committee on Rules and Administration and
Committee on Appropriations of the Senate on the results of
the program.

senators' official personnel and office expense account

For Senators' Official Personnel and Office Expense
Account, $294,545,000.

official mail costs

For expenses necessary for official mail costs of the
Senate, $300,000.

administrative provisions

Sec. 1. (a) Section 111 of title 3, United States Code, is
amended by striking ``$10,000'' and inserting ``$20,000''.
(b) The matter under the subheading ``expense allowances of
the vice president, president pro tempore, majority and
minority leaders and majority and minority whips'' under the
heading ``LEGISLATIVE BRANCH'' under chapter VI of title I of
the Second Supplemental Appropriations Act, 1978 (Public Law
95-355; 92 Stat. 532) is amended--
(1) in the second sentence (2 U.S.C. 31a-1) (relating to
the Majority and Minority Leaders of the Senate) by striking
``$10,000'' and inserting ``$20,000''; and

[[Page S945]]

(2) in the third sentence (2 U.S.C. 32b) (relating to the
President pro tempore) by striking ``$10,000'' and inserting
``$20,000''.
(c) The matter under the subheading ``expense allowances of
the vice president, the president pro tempore, majority and
minority leaders, and majority and minority whips'' under the
heading ``LEGISLATIVE BRANCH'' under chapter IX of title I of
the Supplemental Appropriations Act, 1983 (2 U.S.C. 31a-1;
Public Law 98-63; 97 Stat. 333) (relating to the Majority and
Minority Whips) is amended by striking ``not exceed $5,000''
and inserting ``not exceed $10,000''.
(d) The matter under the subheading ``Expense Allowances of
the Vice President, the President pro tempore, Majority and
Minority Leaders, the Majority and Minority Whips, and the
Chairmen of the Majority and Minority Conference Committees''
under the heading ``LEGISLATIVE BRANCH'' under chapter IX of
title I of the Supplemental Appropriations Act, 1985 (2
U.S.C. 31a-3; Public Law 99-88; 99 Stat. 348) (relating to
the Chairmen of the Majority and Minority Conference
Committees) is amended by striking ``not exceed $3,000'' and
inserting ``not exceed $5,000''.
(e) Section 5 of title I of the Legislative Branch
Appropriations Act, 2001, as enacted into law by section 1(a)
of Public Law 106-554 (2 U.S.C. 31a-4; 114 Stat. 2763A-97)
(relating to the Chairmen of the Majority and Minority Policy
Committees) is amended by striking ``$3,000'' and inserting
``$5,000''.
(f) The amendments made by this section shall apply to
fiscal year 2003 and each fiscal year thereafter.
Sec. 2. (a) The matter under the subheading ``stationery
(revolving fund)'' under the heading ``Contingent Expenses of
the Senate'' under the heading ``LEGISLATIVE BRANCH'' under
chapter VII of title I of the Second Supplemental
Appropriations Act, 1975 (2 U.S.C. 46a; Public Law 94-32; 89
Stat. 182) is amended by striking ``$4,500'' and inserting
``$8,000''.
(b) The amendment made by this section shall apply to
fiscal year 2003 and each fiscal year thereafter.
Sec. 3. Effective on and after October 1, 2002, each of the
dollar amounts contained in the table under section
105(d)(1)(A) of the Legislative Branch Appropriations Act,
1968 (2 U.S.C. 61-1(d)(1)(A)) shall be deemed to be the
dollar amounts in that table, as adjusted by law and in
effect on September 30, 2002, increased by an additional
$50,000 each.
Sec. 4. (a) The Majority Policy Committee, Minority Policy
Committee, Conference of the Majority, and Conference of the
Minority of the Senate are authorized, in the discretion of
each committee or conference, with the prior consent of the
Government department or agency concerned and the Committee
on Rules and Administration of the Senate to use, on a
reimbursable or nonreimbursable basis, the services of
personnel of any such department or agency.
(b) This section shall apply to fiscal year 2003 and each
fiscal year thereafter.
Sec. 5. Public Safety Exception to Inscriptions Requirement
on Mobile Offices. (a) In General.--Section 3(f)(3) under the
subheading ``administrative provisions'' under the heading
``SENATE'' in the Legislative Branch Appropriation Act, 1975
(2 U.S.C. 59(f)(3)) is amended by adding at the end the
following flush sentence:

``The Committee on Rules and Administration of the Senate may
prescribe regulations to waive or modify the requirement
under subparagraph (B) if such waiver or modification is
necessary to provide for the public safety of a Senator and
the Senator's staff and constituents.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act and
apply to fiscal year 2003 and each fiscal year thereafter.
Sec. 6. Multi-year Contracting Authority. (a) Subject to
regulations prescribed by the Committee on Rules and
Administration of the Senate, the Secretary and the Sergeant
at Arms and Doorkeeper of the Senate may--
(1) enter into contracts for the acquisition of severable
services for a period that begins in one fiscal year and ends
in the next fiscal year to the same extent and under the same
conditions as the head of an executive agency under the
authority of section 303L of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253l); and
(2) enter into multiyear contracts for the acquisition of
property and services to the same extent and under the same
conditions as the head of an executive agency under the
authority of section 304B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254c).
(b) This section shall take effect on October 1, 2002, and
shall apply in fiscal year 2003 and successive fiscal years.
Sec. 7. Consultants. (a) In General.--Section 101 of the
Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6) is
amended--
(1) in subsection (a), in the first sentence by striking
``six individual consultants'' and inserting ``eight
individual consultants''; and
(2) by adding at the end the following:
``(C) Each appointing authority under subsection (a) may
designate the title of the position of any individual
appointed under that subsection.''.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.

JOINT ITEMS

For Joint Committees, as follows:

Joint Economic Committee

For salaries and expenses of the Joint Economic Committee,
$3,658,000, to be disbursed by the Secretary of the Senate.

Joint Committee on Taxation

For salaries and expenses of the Joint Committee on
Taxation, $7,323,000, to be disbursed by the Chief
Administrative Officer of the House.
For other joint items, as follows:

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month
to the Attending Physician; (2) an allowance of $725 per
month each to four medical officers while on duty in the
Office of the Attending Physician; (3) an allowance of $725
per month to two assistants and $580 per month each not to
exceed 11 assistants on the basis heretofore provided for
such assistants; and (4) $1,414,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,000,000, of which
$300,000 shall remain available until expended, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.

Capitol Guide Service and Special Services Office

For salaries and expenses of the Capitol Guide Service and
Special Services Office, $3,035,000, to be disbursed by the
Secretary of the Senate: Provided, That no part of such
amount may be used to employ more than 58 individuals:
Provided further, That the Capitol Guide Board is authorized,
during emergencies, to employ not more than two additional
individuals for not more than 120 days each, and not more
than 10 additional individuals for not more than 6 months
each, for the Capitol Guide Service.

Statements of Appropriations

For the preparation, under the direction of the Committees
on Appropriations of the Senate and the House of
Representatives, of the statements for the second session of
the One Hundred Seventh Congress, showing appropriations
made, indefinite appropriations, and contracts authorized,
together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid
to the persons designated by the chairmen of such committees
to supervise the work.

CAPITOL POLICE

Salaries

For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $175,675,000, to be
disbursed by the Chief of the Capitol Police or his designee.

General Expenses

For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $28,100,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2003 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.

Administrative Provisions

(including transfer of funds)

Sec. 1001. Transfer Authority.--Amounts appropriated for
fiscal year 2003 for the Capitol Police may be transferred
between the headings ``salaries'' and ``general expenses''
upon the approval of the Committees on Appropriations of the
Senate and the House of Representatives.
Sec. 1002. Capitol Police Contract Authority. (a) In
General.--The United States Capitol Police may--
(1) enter into contracts for the acquisition of severable
services for a period that begins in 1 fiscal year and ends
in the next fiscal year to the same extent as the head of an
executive agency under the authority of section 303L of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253l); and
(2) enter into multiyear contracts for the acquisitions of
property and nonaudit-related services to the same extent as
executive agencies under the authority of section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c).
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1003. Disposal of Surplus Property. (a) In General.--
Within the limits of available appropriations, the Capitol
Police may

[[Page S946]]

dispose of surplus or obsolete property of the Capitol Police
by interagency transfer, donation, sale, trade-in, or other
appropriate method.
(b) Amounts Received.--Any amounts received by the Capitol
Police from the disposition of property under subsection (a)
shall be credited to the account established for the general
expenses of the Capitol Police, and shall be available to
carry out the purposes of such account during the fiscal year
in which the amounts are received and the following fiscal
year.
(c) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1004. Recruitment and Relocation Bonuses. Section 909
of the Emergency Supplemental Act, 2002 (Public Law 107-117;
115 Stat. 2320) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the Board determines
that the Capitol Police would be likely, in the absence of
such a bonus, to encounter difficulty in filling the
position'' and inserting ``the Chief, in the Chief's sole
discretion, determines that such a bonus will assist the
Capitol Police in recruitment efforts''; and
(B) by adding at the end the following:
``(6) Determination not appealable or reviewable.--Any
determination of the Chief under this subsection shall not be
appealable or reviewable in any manner.'';
(2) by striking subsections (e) and (f)(2); and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
Sec. 1005. Recruitment of Individuals Without Regard to
Age. (a) In General.--The Chief of the Capitol Police shall
carry out any activities and programs to recruit individuals
to serve as members of the Capitol Police without regard to
the age of the individuals.
(b) Rule of Construction.--Nothing in this subsection may
be construed to affect any provision of law of any rule or
regulation providing for the mandatory separation of members
of the Capitol Police on the basis of age, or any provision
of law or any rule or regulation regarding the calculation of
retirement or other benefits for members of the Capitol
Police.
Sec. 1006. Retention Allowances. Section 909(b) of the
Emergency Supplemental Act, 2002 (Public Law 107-117; 115
Stat. 2320) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by striking ``if--'' and inserting ``if the Chief, in
the Chief's sole discretion, determines that such a bonus
will assist the Capitol Police in retention efforts.''; and
(2) in paragraph (3), by striking ``the reduction or the
elimination of a retention allowance may not be appealed''
and inserting ``any determination of the Chief under this
subsection, or the reduction or elimination of a retention
allowance, shall not be appealable or reviewable in any
manner''.
Sec. 1007. Educational Assistance Program. Section 908 of
the Emergency Supplemental Act, 2002 (2 U.S.C. 1924; Public
Law 107-117; 115 Stat. 2319) is amended to read as follows:

``educational assistance program for employees

``Sec. 908. (a) Establishment.--In order to recruit or
retain qualified personnel, the Chief of the Capitol Police
may establish an educational assistance program for employees
of the Capitol Police under which the Capitol Police may
agree--
``(1) to repay (by direct payments on behalf of the
participating employee) all or any portion of a student loan
previously taken out by the employee;
``(2) to make direct payments to an educational institution
on behalf of a participating employee or to reimburse a
participating employee for all or any portion of any tuition
or related educational expenses paid by the employee.
``(b) Special Rules For Student Loan Repayments.--
``(1) Application of regulations under executive branch
program.--In carrying out subsection (a)(1), the Capitol
Police Board may, by regulation, make applicable such
provisions of section 5379 of title 5, United States Code, as
the Board determines necessary to provide for such program.
``(2) Restrictions on prior reimbursements.--The Capitol
Police may not reimburse any individual under subsection
(a)(1) for any repayments made by the individual prior to
entering into an agreement with the Capitol Police to
participate in the program under this section.
``(3) Use of recovered amounts.--Any amount repaid by, or
recovered from, an individual under subsection (a)(1) and its
implementing regulations shall be credited to the
appropriation account available for salaries and expenses of
the Capitol Police at the time of repayment or recovery. Such
credited amount may be used for any authorized purpose of the
account and shall remain available until expended.
``(c) Limit on Amount of Payments.--The total amount paid
by the Capitol Police with respect to any individual under
the program under this section may not exceed $40,000.
``(d) No Review of Determinations.--Any determination made
under the program under this section shall not be reviewable
or appealable in any manner.
``(e) Effective Date.--This section shall apply with
respect to fiscal year 2003 and each succeeding fiscal
year.''.
Sec. 1008. Applicable Pay Rate Upon Appointment. (a) In
General.--Notwithstanding any other provision of law, the
rate of basic pay payable to an individual upon appointment
to a position with the Capitol Police shall be at a rate
within the minimum and maximum pay rates applicable to the
position.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1009. Overtime Compensation For Officers at Rank of
Lieutenant or Higher. (a) In General.--The Chief of the
Capitol Police may provide for the compensation of overtime
work of officers of the Capitol Police at the rank of
lieutenant and higher. Nothing in this subsection may be
construed to affect the compensation of overtime work of
officers of the Capitol Police at any rank not described in
the previous sentence.
(b) Terms and Conditions.--In providing for the
compensation of overtime work under this section, the Chief
shall provide the compensation in the same manner and subject
to the same terms and conditions which are applicable to the
compensation of overtime work of officers and members of the
United States Secret Service Uniformed Division and the
United States Park Police who serve at the rank of lieutenant
and higher, in accordance with section 1 of the Act entitled
``An Act to provide a 5-day week for officers and members of
the Metropolitan Police force, the United States Park Police
force, and the White House Police force, and for other
purposes'', approved August 15, 1950 (sec. 5-1304, D.C.
Official Code).
Sec. 1010. Training Programs For Personnel. (a) In
General.--Chapter 41 of title 5, United States Code, is
amended by adding at the end the following new section:

``Sec. 4120. Training for employees of the Capitol Police

``(a) The Chief of the Capitol Police may, by regulation,
make applicable such provisions of this chapter as the Chief
determines necessary to provide for training of employees of
the Capitol Police. The regulations shall provide for
training which, in the determination of the Chief, is
consistent with the training provided by agencies under the
preceding sections of this chapter.
``(b) The Office of Personnel Management shall provide the
Chief of the Capitol Police with such advice and assistance
as the Chief may request in order to enable the Chief to
carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for chapter
41 of such title is amended by adding at the end the
following:

``4120. Training for employees of the Capitol Police.''.
Sec. 1011. Additional Compensation for Employees With
Specialty Assignments and Proficiencies. (a) Establishment of
Positions.--The Chief of the Capitol Police may establish and
determine, from time to time, positions in salary classes of
employees of the Capitol Police to be designated as employees
with specialty assignments or proficiencies, based on the
experience, education, training, or other appropriate factors
required to carry out the duties of such employees.
(b) Additional Compensation.--In addition to the regularly
scheduled rate of basic pay, each employee holding a position
designated under this section shall receive a per annum
amount determined by the Chief, except that--
(1) such amount may not exceed 25 percent of the employee's
annual rate of basic pay; and
(2) such amount may not be paid in a calendar year to the
extent that, when added to the total basic pay paid or
payable to such employee for service performed in the year,
such amount would cause the total to exceed the annual rate
of basic pay payable for level II of the Executive Schedule,
as of the end of such year.
(c) Manner of Payment.--The additional compensation
authorized by this subsection shall be paid to an employee in
a manner determined by the Chief or his designee except when
the employee ceases to be assigned to the specialty
assignment or ceases to maintain the required proficiency.
The loss of such additional compensation shall not constitute
an adverse action for any purpose.
(d) Determination Not Appealable or Reviewable.--Any
determination under section (a) shall not be appealable or
reviewable in any manner.
Sec. 1012. Application of Premium Pay Limits on Annualized
Basis. (a) In General.--Any limits on the amount of premium
pay which may be earned by officers and members of the
Capitol Police during emergencies (as determined by the
Capitol Police Board) shall be applied by the Chief of the
Capitol Police on an annual basis and not on a pay period
basis. Any determination under this subsection shall not be
reviewable or appealable in any manner.
(b) Effective Date.--Subsection (a) shall apply with
respect to hours of duty occurring on or after September 11,
2001.
Sec. 1013. Transfer of Library of Congress Police to the
United States Capitol Police. (a) Transfer of Library of
Congress Police to the United States Capitol Police.--
(1) Transfer of personnel and functions.--There are
transferred to the United States Capitol Police--
(A) each Library of Congress Police employee; and

[[Page S947]]

(B) any functions performed under the first section of the
Act of August 4, 1950 (2 U.S.C. 167) and section 9 of that
Act (2 U.S.C. 167h) (as in effect immediately before the
effective date of this section).
(2) Effect on personnel.--
(A) Annual and sick leave.--Any annual or sick leave to the
credit of an individual transferred under paragraph (1) shall
be transferred to the credit of that individual as an
employee of the United States Capitol Police.
(B) Service performed for retirement purposes.--For those
Library of Congress Police employees transferred under
paragraph (1)(A), any period of service performed by a
Library of Congress Police employee shall be deemed to be
service performed as a member of the United States Capitol
Police for purposes of chapters 83 and 84 of title 5, United
States Code.
(C) Vacancies.--Notwithstanding any other provision of law,
upon the date of enactment of this section and until
completion of the transfer under paragraph (1), vacancies in
Library of Congress police employee positions, if filled,
shall be filled in accordance with the employment standards
of the United States Capitol Police, to the extent
practicable.
(3) Effective date of transfer of personnel and
functions.--Library of Congress employees transferred to the
United States Capitol Police under paragraph (1)(A), and
Library of Congress functions transferred under paragraph
(1)(B) shall be transferred to the United States Capitol
Police as specified in the implementation plan under
subsection (b)(1), but no later than 3 years after the date
of enactment of this section.
(b) Transition.--
(1) Implementation plan.--
(A) Plan.--Not later than 180 days after the date of
enactment of this section, the Chief of the Capitol Police
shall prepare and submit to the appropriate committees of
Congress, the Capitol Police Board, and the Librarian of
Congress, a plan--
(i) describing the policies and procedures, and actions the
Chief of the Capitol Police will take in implementing the
transfer provisions under this section;
(ii) establishing dates by which Library of Congress
personnel and functions authorized to be transferred under
subsection (a)(1) shall be transferred to the United States
Capitol Police, with all such transfers completed not later
than 3 years after the date of enactment of this section;
(iii) in consultation with the Librarian of Congress,
providing for the performance of law enforcement and
protection functions relating to the buildings and grounds of
the Library of Congress, including collections security,
within the overall security responsibilities of the United
States Capitol Police;
(iv) recommending legislative changes needed to implement
the transfers under subsection (a)(1), including--

(I) identifying options for addressing how to apply United
States Capitol Police retirement provisions to such
transferred personnel;
(II) identifying options related to providing voluntary
separation incentives to transferred personnel; and
(III) identifying options to ensure the Librarian of
Congress maintains appropriate authority to execute his
security responsibilities;

(v) detailing the mechanisms to be used by the Chief of the
Capitol Police for ensuring that Library of Congress
employees transferred to the United States Capitol Police
under subsection (a)(1) are not adversely affected by the
transfer with respect to pay;
(vi) addressing--

(I) how United States Capitol Police training and
qualification requirements will be applied to Library of
Congress employees transferred under subsection (a)(1); and
(II) the overall training needs of the merged police force;
and

(vii) providing an analysis of the cost implications of
implementing the plan.
(2) Implementation report.--Not later than 1 year after the
date of enactment of this section, and annually thereafter
until the transfer is fully implemented, the Chief of the
Capitol Police shall prepare and submit a report to the
appropriate committees of Congress, the Capitol Police Board,
and the Librarian of Congress, on the Chief of the Capitol
Police's progress in implementing the plan required in
paragraph (1)(A) of this subsection, including any
adjustments to cost estimates or legislative changes needed
to implement the provisions of this section.
(c) Definitions.--In this section--
(1) the term ``Act of August 4, 1950'' means the Act
entitled ``An Act relating to the policing of the buildings
and grounds of the Library of Congress'', approved August 4,
1950 (2 U.S.C. 167 et seq.); and
(2) the term ``Library of Congress Police employee''--
(A) means an employee of the Library of Congress designated
as police under the first section of the Act of August 4,
1950 (2 U.S.C. 167) (as in effect immediately before the
effective date of this section); and
(B) does not include any civilian employee performing
police support functions.
(d) Effective Date.--Except as otherwise provided in this
section, this section shall take effect on the date of
enactment of this section.
Sec. 1014. Clarification of Authority of Capitol Police to
Police Botanic Garden. (a) Buildings.--Section 5101 of title
40, United States Code, is amended by inserting ``all
buildings on the real property described under section
5102(c) (including the Administrative Building of the United
States Botanic Garden),'' after ``Capitol Power Plant,''.
(b) Grounds.--Section 5102 of title 40, United States Code,
is amended by adding at the end the following:
``(c) National Garden of the United States Botanic
Garden.--
``(1) In general.--Except as provided under paragraph (2),
the United States Capitol Grounds shall include--
``(A) the National Garden of the United States Botanic
Garden;
``(B) all grounds contiguous to the Administrative Building
of the United States Botanic Garden, including Bartholdi
Park; and
``(C) all grounds bounded by the curblines of First Street,
Southwest on the east; Washington Avenue, Southwest to its
intersection with Independence Avenue, and Independence
Avenue from such intersection to its intersection with Third
Street, Southwest on the south; Third Street, Southwest on
the west; and Maryland Avenue, Southwest on the north.
``(2) Maintenance and improvements.--Notwithstanding
subsections (a) and (b), jurisdiction and control over the
buildings on the grounds described in paragraph (1) shall be
retained by the Joint Committee on the Library, and the Joint
Committee on the Library shall continue to be solely
responsible for the maintenance and improvement of the
grounds described in such paragraph.
``(3) Authority not limited.--Nothing in this subsection
shall limit the authority of the Architect of the Capitol
under section 307E of the Legislative Branch Appropriations
Act, 1989 (40 U.S.C. 216c).''.
(c) Technical and Conforming Amendment.--Section 9(a) of
the Act of July 31, 1946 (2 U.S.C. 1961(a)) is amended by
striking ``sections 193a to 193m, 212a, 212a-2, and 212b of
this title and regulations promulgated under section 212b of
this title,'' and inserting ``this Act (and regulations
promulgated under section 14 of this Act (2 U.S.C. 1969)),
and chapter 51 of title 40, United States Code,''.
(d) Effective Date.--The amendments made by this subsection
shall apply to fiscal year 2003 and each fiscal year
thereafter.
Sec. 1015. Capitol Police Special Officers. (a) In
General.--In the event of an emergency, as determined by the
Capitol Police Board or in a concurrent resolution of
Congress, the Chief of the Capitol Police may appoint--
(1) any law enforcement officer from any Federal agency or
State or local government agency made available by that
agency to serve as a special officer of the Capitol Police;
and
(2) any member of the uniformed services, including members
of the National Guard, made available by the appropriate
authority to serve as a special officer of the Capitol
Police.
(b) Conditions of Appointment.--An individual appointed as
a special officer under this section shall--
(1) serve without pay for service performed as a special
officer (other than pay received from the applicable
employing agency or service);
(2) serve as a special officer no longer than a period
specified at the time of appointment;
(3) not be a Federal employee by reason of service as a
special officer, except as provided under paragraph (4); and
(4) shall be an employee of the Government for purposes of
chapter 171 of title 28, United States Code, if that
individual is acting within the scope of his office or
employment in service as a special officer.
(c) Qualifications.--Any individual appointed under
subsection (a) shall be subject to--
(1) qualification requirements as the Chief of the Capitol
Police determines necessary; and
(2) approval by the Capitol Police Board.
(d) Authorities and Duties.--During any period of service
as a special officer under this section, a special officer--
(1) may exercise all authorities and perform all duties of
members of the Capitol Police in any appropriate capacity, in
the policing, protection, and physical security
responsibilities of the Capitol Police Board and Capitol
Police; and
(2) shall wear an emblem provided by the Chief of the
Capitol Police that designates the wearer as a special
officer.
(e) Reimbursement Agreements.--Nothing in this section
shall prohibit the Capitol Police from entering into an
agreement for the reimbursement of services provided under
this section with any Federal, State, or local agency.
(f) Regulations.--The Capitol Police Board may prescribe
regulations to carry out this section.
(g) Effective Date.--This section shall take effect on the
date of enactment of this Act and shall apply to fiscal year
2003 and each fiscal year thereafter.
Sec. 1016. Transfer of Disbursing Function. (a) In
General.--
(1) Disbursing officer.--The Chief of the Capitol Police
shall be the disbursing officer for the Capitol Police. Any
reference in any law or resolution before the date of
enactment of this section to funds paid or disbursed by the
Chief Administrative Officer of the House of Representatives
and the Secretary of the Senate relating to the pay and
allowances of Capitol Police employees shall be deemed to
refer to the Chief of the Capitol Police.

[[Page S948]]

(2) Transfer.--Any statutory function, duty, or authority
of the Chief Administrative Officer of the House of
Representatives or the Secretary of the Senate as disbursing
officers for the Capitol Police shall transfer to the Chief
of the Capitol Police as the single disbursing officer for
the Capitol Police.
(3) Continuity of function during transition.--Until such
time as the Chief notifies the Chief Administrative Officer
of the House of Representatives and the Secretary of the
Senate that systems are in place for discharging the
disbursing functions under this subsection, the House of
Representatives and the Senate shall continue to serve as the
disbursing authority on behalf of the Capitol Police.
(b) Treasury Accounts.--
(1) Salaries.--
(A) In general.--There is established in the Treasury of
the United States a separate account for the Capitol Police,
into which shall be deposited appropriations received by the
Chief of the Capitol Police and available for the salaries of
the Capitol Police.
(B) Transfer authority during transition.--Until such time
as the Chief notifies the Chief Administrative Officer of the
House of Representatives and the Secretary of the Senate that
systems are in place for discharging the disbursing functions
under subsection (a), the Chief shall have the authority to
transfer amounts in the account to the House of
Representatives and the Senate to the extent necessary to
enable the Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate to continue
to serve as the disbursing authority on behalf of the Capitol
Police pursuant to subsection (a)(3).
(2) General expenses.--There is established in the Treasury
of the United States a separate account for the Capitol
Police, into which shall be deposited appropriations received
by the Chief of the Capitol Police and available for the
general expenses of the Capitol Police.
(c) Transfer of Funds, Assets, Accounts, Records, and
Authority.--
(1) In general.--The Chief Administrative Officer of the
House of Representatives and the Secretary of the Senate are
authorized and directed to transfer to the Chief of the
Capitol Police all funds, assets, accounts, and copies of
original records of the Capitol Police that are in the
possession or under the control of the Chief Administrative
Officer of the House of Representatives or the Secretary of
the Senate in order that all such items may be available for
the unified operation of the Capitol Police. Any funds so
transferred shall be deposited in the Treasury accounts
established under subsection (b) and be available to the
Chief of the Capitol Police for the same purposes as, and in
like manner and subject to the same conditions as, the funds
prior to the transfer.
(2) Existing transfer authority.--Any transfer authority
existing before the date of enactment of this Act granted to
the Chief Administrative Officer of the House of
Representatives or the Secretary of the Senate for salaries,
expenses, and operations of the Capitol Police shall be
transferred to the Chief of the Capitol Police.
(d) Unexpended Balances.--Except as may otherwise be
provided in law, the unexpended balances of appropriations
for the fiscal year 2003 and succeeding fiscal years that are
subject to disbursement by the Chief of the Capitol Police
shall be withdrawn as of September 30 of the fifth fiscal
year following the period or year for which provided. Unpaid
obligations chargeable to any of the balances so withdrawn or
appropriations for prior years shall be liquidated from any
appropriations for the same general purpose, which, at the
time of payment, are available for disbursement.
(e) Hiring Authority; Eligibility for Same Benefits as
House Employees.--
(1) Authority.--
(A) In general.--Subject to subparagraph (B), the Chief of
the Capitol Police, in carrying out the duties of office, is
authorized to appoint, hire, discharge, and set the terms,
conditions, and privileges of employment of employees of the
Capitol Police, subject to and in accordance with applicable
laws and regulations.
(B) Review or approval.--In carrying out the authority
provided under this paragraph, the Chief of the Capitol
Police shall be subject to the same statutory requirements
for review or approval by committees of Congress that were
applicable to the Capitol Police Board on the day before the
date of enactment of this Act.
(2) Benefits.--Employees of the Capitol Police who are
appointed by the Chief under the authority of this subsection
shall be subject to the same type of benefits (including the
payment of death gratuities, the withholding of debt, and
health, retirement, Social Security, and other applicable
employee benefits) as are provided to employees of the House
of Representatives, and any such individuals serving as
employees of the Capitol Police as of the date of enactment
of this Act shall be subject to the same rules governing
rights, protections, pay, and benefits in effect immediately
before such date until such rules are changed under
applicable laws or regulations.
(f) Worker's Compensation.--
(1) Account.--There shall be established a separate account
in the Capitol Police for purposes of making payments for
employees of the Capitol Police under section 8147 of title
5, United States Code.
(2) Payments without fiscal year limitation.--
Notwithstanding any other provision of law, payments may be
made from the account established under paragraph (1) of this
subsection without regard to the fiscal year for which the
obligation to make such payments is incurred.
(g) Effect on Existing Law.--
(1) In general.--The provisions of this section shall not
be construed to reduce the pay or benefits of any employee of
the Capitol Police whose pay was disbursed by the Chief
Administrative Officer of the House of Representatives or the
Secretary of the Senate before the date of enactment of this
Act.
(2) Superseding provisions.--All provisions of law
inconsistent with this section are hereby superseded to the
extent of the inconsistency.
(h) Conforming Amendments.--(1) Section 1821 of the Revised
Statutes of the United States (2 U.S.C. 1901) is amended by
striking the third sentence.
(2) Section 1822 of the Revised Statutes of the United
States (2 U.S.C. 1921) is repealed.
(3) Section 111 of title I of the Act entitled ``Making
supplemental appropriations for the fiscal year ending
September 30, 1977, and for other purposes'', approved May 4,
1977 (2 U.S.C. 64-3), is amended--
(A) by striking ``Secretary of the Senate'' and inserting
``Chief of the Capitol Police''; and
(B) by striking ``United States Senate'' and inserting
``Capitol Police''.
(i) Effective Date.--This section and the amendments made
by this section shall take effect on the date of enactment of
this Act and shall apply to fiscal year 2003 and each fiscal
year thereafter.
Sec. 1017. Deadline for Regulations. Not later than 60 days
after the date of the enactment of this Act, the Chief of the
Capitol Police shall promulgate any regulations required by
Sections 1004, 1006, 1007 and 1011 of this Act.

OFFICE OF COMPLIANCE

Salaries and Expenses

For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $2,059,000, of which $254,000
shall remain available until September 30, 2004: Provided,
That the Executive Director of the Office of Compliance may
have the authority, within the limits of available
appropriations, to dispose of surplus or obsolete personal
property by interagency transfer, donation, or discarding.

CONGRESSIONAL BUDGET OFFICE

Salaries and Expenses

For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $3,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $32,101,000, of which
not more than $100,000 is to remain available until September
30, 2006, for the acquisition and partial support for
implementation of a Central Financial Management System:
Provided, That no part of such amount may be used for the
purchase or hire of a passenger motor vehicle.

Administrative Provisions

Sec. 1101. (a) The Director of the Congressional Budget
Office may, by regulation, make applicable such provisions of
section 3396 of title 5, United States Code, as the Director
determines necessary to establish a program providing
opportunities for employees of the Office to engage in
details or other temporary assignments in other agencies,
study or uncompensated work experience which will contribute
to the employees' development and effectiveness.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1102. (a) The Director of the Congressional Budget
Office may enter into agreements or contracts without regard
to section 3709 of the Revised Statutes of the United States
(41 U.S.C. 5).
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.

ARCHITECT OF THE CAPITOL

General Administration

For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for
surveys and studies in connection with activities under the
care of the Architect of the Capitol; for all necessary
expenses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Senate
and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses, to
be expended as the Architect of the Capitol may approve; for
purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $59,343,000, of which $450,000 shall
remain available until September 30, 2007.

Capitol Building

For all necessary expenses for the maintenance, care and
operation of the Capitol, $32,094,000, of which $19,065,000
shall remain available until September 30, 2007.

Capitol Grounds

For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $8,356,000, of

[[Page S949]]

which $1,780,000 shall remain available until September 30,
2007.

Senate Office Buildings

For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $64,871,000, of which
$21,600,000 shall remain available until September 30, 2007.

Capitol Power Plant

For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $102,286,000, of which $61,739,000
shall remain available until September 30, 2007: Provided,
That not more than $4,400,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2003.

Library Buildings and Grounds

For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $37,521,000, of which $18,014,000
shall remain available until September 30, 2007 and
$5,500,000 shall remain available until expended.

Capitol Police Buildings and Grounds

(including transfer of funds)

For all necessary expenses for the maintenance, care, and
operation of buildings and grounds of the United States
Capitol Police, $23,900,000, of which $23,500,000 shall
remain available until September 30, 2007: Provided, That
$22,000,000 of the amount provided is withheld from
obligation subject to the notification of the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That any amounts provided to the Architect
of the Capitol prior to the date of the enactment of this Act
for maintenance, care, and operation of buildings of the
United States Capitol Police which remain unobligated as of
the date of the enactment of this Act shall be transferred to
the account under this heading.

Botanic Garden

For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $6,103,000, of which $120,000 shall remain
available until September 30, 2007: Provided, That this
appropriation shall not be available for any activities of
the National Garden.

Administrative Provisions

Sec. 1201. Small Purchase Contracting Authority. (a) In
General.--Notwithstanding any other provision of law--
(1) section 3709 of the Revised Statutes of the United
States (41 U.S.C. 5) shall apply with respect to purchases
and contracts for the Architect of the Capitol as if the
reference to ``$25,000'' in paragraph (1) of such section
were a reference to ``$100,000''; and
(2) the Architect may procure services, equipment, and
construction for security related projects in the most
efficient manner he determines appropriate.
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1202. Multi-year Contract Authority. (a) In General.--
The Architect of the Capitol may--
(1) enter into contracts for the acquisition of severable
services for a period that begins in 1 fiscal year and ends
in the next fiscal year to the same extent as the head of an
executive agency under the authority of section 303L of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253l); and
(2) enter into multiyear contracts for the acquisitions of
property and nonaudit-related services to the same extent as
executive agencies under the authority of section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c).
(b) Effective Date.--This section shall apply to fiscal
year 2003 and each fiscal year thereafter.
Sec. 1203. Deputy Architect of the Capitol/Chief Operating
Officer. (a) Establishment of Deputy Architect of the
Capitol.--There shall be a Deputy Architect of the Capitol
who shall serve as the Chief Operating Officer of the Office
of the Architect of the Capitol. The Deputy Architect of the
Capitol shall be appointed by the Architect of the Capitol
and shall report directly to the Architect of the Capitol and
shall be subject to the authority of the Architect of the
Capitol. The Architect of the Capitol shall appoint the
Deputy Architect of the Capitol not later than 90 days after
the date of enactment of this Act. The appointment shall be
made without regard to political affiliation or activity. The
Architect of the Capitol shall consult with the Comptroller
General or his designee before making the appointment.
(b) Qualifications.--The Deputy Architect of the Capitol
shall have strong leadership skills and demonstrated ability
in management, including in such areas as strategic planning,
performance management, worker safety, customer satisfaction,
and service quality.
(c) Responsibilities.--
(1) In general.--The Deputy Architect of the Capitol shall
be responsible to the Architect of the Capitol for the
overall direction, operation, and management of the Office of
the Architect of the Capitol, including implementing the
Office's goals and mission; providing overall organization
management to improve the Office's performance; and assisting
the Architect of the Capitol in promoting reform, and
measuring results.
(2) Responsibilities.--The Deputy Architect's
responsibilities include--
(A) developing, implementing, annually updating, and
maintaining a long-term strategic plan covering a period of
not less than 5 years for the Office of the Architect of the
Capitol, including the establishment of--
(i) a comprehensive mission statement covering the major
functions and operations of the Office; and
(ii) general goals and objectives, including outcome-
related goals and objectives, for the major functions and
operations of the Office;
(B) developing and implementing an annual performance plan
that includes annual performance goals covering each of the
general goals and objectives in the strategic plan and
including to the extent practicable quantifiable performance
measures for the annual goals;
(C) proposing organizational changes and new positions
needed to carry out the Office of the Architect of the
Capitol's mission and strategic and annual performance goals;
and
(D) reviewing and directing the operational functions of
the Office of the Architect of the Capitol, including--
(i) facilities and project management;
(ii) administration and modernization of systems employed
by the Office;
(iii) productivity and cost-saving measures;
(iv) strategic human capital management, including
performance management and training and development
initiatives; and
(v) financial management, including the integration of
operational functions and financial management to ensure that
budgets, financial information, and systems support the
strategic and annual plans developed under this subsection.
(d) Additional Responsibilities.--The Architect of the
Capitol may delegate to the Deputy Architect such additional
duties as the Architect determines are necessary or
appropriate.
(e) Action Plan.--
(1) In general.--No later than 180 days after the
appointment, the Deputy Architect shall prepare and submit to
the Committees on Appropriations of the House of
Representatives and Senate and the Committee on Rules and
Administration of the Senate, an action plan describing the
policies, procedures, and actions the Deputy Architect will
implement and timeframes for carrying out the
responsibilities under this section.
(2) Action plan.--The action plan shall be--
(A) approved and signed by both the Architect of the
Capitol and the Deputy Architect; and
(B) developed concurrently and consistent with the
development of a strategic plan.
(3) Additional senior positions.--Notwithstanding the
provisions in section 129(c) of the Legislative Branch
Appropriations Act, 2002, Public Law 107-68, the Architect of
the Capitol may, upon submission of the action plan, fix the
rate of basic pay for not more than 3 additional positions at
a rate not to exceed the highest total rate of pay for the
Senior Executive Service under subchapter VIII of chapter 53
of title 5, United States Code, for the locality involved, in
order to implement the action plan.
(f) Evaluation.--Effective 180 days from the appointment of
the Deputy Architect of the Capitol, the General Accounting
Office shall evaluate at least annually the implementation of
the action plan and provide the results of the evaluation to
the Architect of the Capitol, the Committees on
Appropriations of the House of Representatives and Senate and
the Committee on Rules and Administration of the Senate.
(g) Removal.--The Deputy Architect of the Capitol may be
removed by the Architect of the Capitol for misconduct or
failure to meet performance goals set forth in the
performance agreement in subsection (i). Upon the removal of
the Deputy Architect of the Capitol, the Architect of the
Capitol shall immediately notify in writing the Committees on
Appropriations of the House of Representatives and Senate,
the Committee on House Administration of the House of
Representatives, and the Committee on Rules and
Administration of the Senate, stating the specific reasons
for the removal.
(h) Compensation.--The Deputy Architect of the Capitol
shall be paid at an annual rate of pay to be determined by
the Architect but not to exceed $1,000 less than the annual
rate of pay for the Architect of the Capitol.
(i) Annual Performance Agreement.--The Architect of the
Capitol and the Deputy Architect of the Capitol, shall enter
into an

[[Page S950]]

annual performance agreement that sets forth measurable
individual goals linked to the organizational goals in the
Office of the Architect of the Capitol's annual performance
plan for the Deputy Architect of the Capitol in key
operational areas. The agreement shall be subject to review
and renegotiation on an annual basis.
(j) Annual Performance Report.--The Deputy Architect of the
Capitol shall prepare and transmit to the Architect of the
Capitol an annual performance report. This report shall
contain an evaluation of the extent to which the Office of
the Architect of the Capitol met the goals and objectives
identified in the annual performance plan in subsection
(c)(2) for the preceding year and an explanation of the
results achieved during the preceding year relative to the
established goals. This report shall also include the
evaluation rating of the performance of the Deputy Architect
of the Capitol under subsection (h), including the amounts of
bonus compensation awarded to the Deputy Architect of the
Capitol, and such additional information as may be prescribed
by the Architect of the Capitol.
(k) Termination of Role.--As of October 1, 2004, the role
of the Comptroller General and the General Accounting Office,
as established by this section, will cease.
Sec. 1204. Deputy Architect to Act in Case of Absence,
Disability, or Vacancy. The proviso under the subheading
``salaries'' under the heading ``Office of the Architect of
the Capitol'' under the heading ``ARCHITECT OF THE CAPITOL''
of the Legislative Branch Appropriations Act, 1971 (40 U.S.C.
164a) is amended by striking ``Assistant Architect'' and
inserting ``Deputy Architect''.
Sec. 1205. Delegation of Authority by Architect of the
Capitol. The matter under the subheading ``Office of the
Architect of the Capitol'' under the heading ``ARCHITECT OF
THE CAPITOL'' of the Legislative Appropriation Act, 1956 (40
U.S.C. 163b) is amended by striking ``Architect of the
Capitol is authorized'' through ``proper'' and inserting
``Architect of the Capitol may delegate to the assistants of
the Architect such authority of the Architect as the
Architect may determine proper, except those authorities,
duties, and responsibilities specifically assigned to the
Deputy Architect of the Capitol by the Legislative Branch
Appropriations Act, 2003''.
Sec. 1206. Assistant Architect. Notwithstanding any other
provision of law, the compensation of the Assistant Architect
who is incumbent in that position when the position of
Assistant Architect is abolished shall not be reduced so long
as the former Assistant Architect is employed at the Office
of the Architect of the Capitol. Whenever the Architect of
the Capitol receives a pay adjustment after the date of
enactment of this section, the compensation of such former
Assistant Architect shall be adjusted by the same percentage
as the compensation of the Architect of the Capitol. The
authority granted in this section shall be in addition to the
authority the Architect of the Capitol has in section
129(c)(1)(A) of the Legislative Branch Appropriations Act,
2002, as amended by this Act, to fix the rate of basic pay
for not more than 15 positions at a rate not to exceed the
highest total rate of pay for the Senior Executive Service
under subchapter VIII of chapter 53 of title 5, United States
Code, for the locality involved.
Sec. 1207. Senate Staff Health and Fitness Facility.
Section 4 of the Legislative Branch Appropriations Act, 2001
(2 U.S.C. 121f) is amended--
(1) in subsection (a), by inserting ``Staff'' after
``Senate'';
(2) in subsection (b)(1), by inserting ``Staff'' after
``Senate'';
(3) in subsection (c), by inserting ``Staff'' after ``costs
of the Senate'';
(4) in subsection (d), by inserting ``Staff'' after
``Senate''; and
(5) by striking subsection (e) and inserting the following:
``(e) The Committee on Rules and Administration of the
Senate shall promulgate regulations pertaining to the
operation and use of the Senate Staff Health and Fitness
Facility.''.
Sec. 1208. Allocation of Responsibility for Library
Buildings and Grounds. (a) In General.--The first section of
the Act of June 29, 1922 (2 U.S.C. 141) is amended to read as
follows:

``SECTION 1. ALLOCATION OF RESPONSIBILITIES FOR LIBRARY
BUILDINGS AND GROUNDS.

``(a) Architect of the Capitol.--
``(1) In general.--The Architect of the Capitol shall have
charge of all work at the Library of Congress buildings and
grounds (as defined in section 11 of the Act entitled `An Act
relating to the policing of the buildings of the Library of
Congress' approved August 4, 1950 (2 U.S.C. 167(j)) that
affects--
``(A) the structural integrity of the buildings;
``(B) buildings systems, including mechanical, electrical,
plumbing, and elevators;
``(C) the architectural features of the buildings;
``(D) compliance with building and fire codes, laws, and
regulations with respect to the specific responsibilities set
for under this paragraph;
``(E) the care and maintenance of Library grounds; and
``(F) purchase of all equipment necessary to fulfill the
responsibilities set forth under this paragraph.
``(2) Employees.--The employees required for the
performance of the duties under paragraph (1) shall be
appointed by the Architect of the Capitol.
``(b) Librarian of Congress.--The Librarian of Congress
shall have charge of all work (other than work under
subsection (a)) at the Library of Congress buildings and
grounds.
``(c) Transfer of Funds.--The Architect of the Capitol and
the Librarian of Congress may enter into agreements with each
other to perform work under this section, and, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate and the Joint Committee on the
Library, may transfer between themselves appropriations or
other available funds to pay the costs therefor.''.
(b) Effective Date.--The amendments made by this section
shall apply to fiscal year 2003 and each fiscal year
thereafter.

LIBRARY OF CONGRESS

Salaries and Expenses

For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Union Catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $358,474,000, of which not more than $6,500,000
shall be derived from collections credited to this
appropriation during fiscal year 2003, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2003 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
the $6,850,000: Provided further, That of the total amount
appropriated, $10,886,000 is to remain available until
expended for acquisition of books, periodicals, newspapers,
and all other materials including subscriptions for
bibliographic services for the Library, including $40,000 to
be available solely for the purchase, when specifically
approved by the Librarian, of special and unique materials
for additions to the collections: Provided further, That of
the total amount appropriated, not more than $12,000 may be
expended, on the certification of the Librarian of Congress,
in connection with official representation and reception
expenses for the Overseas Field Offices: Provided further,
That of the total amount appropriated, $1,793,000 shall
remain available until expended for the acquisition and
partial support for implementation of an Integrated Library
System (ILS): Provided further, That of the total amount
appropriated, $11,100,000 shall remain available until
expended for the purpose of teaching educators how to
incorporate the Library's digital collections into school
curricula and shall be transferred to the educational
consortium formed to conduct the ``Joining Hands Across
America: Local Community Initiative'' project as approved by
the Library: Provided further, That of the amount
appropriated, $500,000 shall remain available until expended,
and shall be transferred to the Abraham Lincoln Bicentennial
Commission for carrying out the purposes of Public Law 106-
173, of which amount $10,000 may be used for official
representation and reception expenses of the Abraham Lincoln
Bicentennial Commission: Provided further, That of the total
amount appropriated, $5,250,000 shall remain available until
September 30, 2007 for the acquisition and partial support
for implementation of a Central Financial Management System:
Provided further, That of the total amount appropriated,
$789,000 shall remain available until September 30, 2004 for
the Lewis and Clark Exhibition and an additional $200,000
shall remain available until expended, and shall be
transferred to Southern Illinois University for the purpose
of developing a permanent commemoration of the Lewis and
Clark Expedition: Provided further, That, of the total amount
appropriated, $500,000 shall remain available until expended
and shall be equally divided and transferred to the
Alexandria Museum of Art and the New Orleans Museum of Art
for activities relating to the Louisiana Purchase
Bicentennial Celebration.

Copyright Office

salaries and expenses

For necessary expenses of the Copyright Office,
$39,226,000, of which not more than $23,321,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2003 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,191,000 shall be derived from collections during fiscal
year 2003 under sections

[[Page S951]]

111(d)(2), 119(b)(2), 802(h), and 1005 of such title:
Provided further, That the total amount available for
obligation shall be reduced by the amount by which
collections are less than $29,512,000: Provided further, That
not more than $100,000 of the amount appropriated is
available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing
countries in intellectual property laws and policies:
Provided further, That not more than $4,250 may be expended,
on the certification of the Librarian of Congress, in
connection with official representation and reception
expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and
seminars.

Congressional Research Service

salaries and expenses

For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $86,952,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.

Books for the Blind and Physically Handicapped

salaries and expenses

For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$50,963,000, of which $13,697,000 shall remain available
until expended: Provided, That, of the total amount
appropriated, $1,000,000 shall remain available until
expended to reimburse the National Federation of the Blind
for costs incurred in the operation of its ``NEWSLINE''
program.

Administrative Provisions

Sec. 1301. Of the amounts appropriated to the Library of
Congress in this Act, not more than $5,000 may be expended,
on the certification of the Librarian of Congress, in
connection with official representation and reception
expenses for the incentive awards program.
Sec. 1302. (a) For fiscal year 2003, the obligational
authority of the Library of Congress for the activities
described in subsection (b) may not exceed $109,929,000.
(b) The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded
from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
(c) During fiscal year 2003, the Librarian of Congress may
temporarily transfer funds appropriated in this Act under the
heading ``LIBRARY OF CONGRESS--Salaries and Expenses'' to the
revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public
Law 106-481; 2 U.S.C. 182c): Provided, That the total amount
of such transfers may not exceed $1,900,000: Provided
further, That the appropriate revolving fund account shall
reimburse the Library for any amounts transferred to it
before the period of availability of the Library
appropriation expires.
Sec. 1303. National Digital Information Infrastructure and
Preservation Program.--The Miscellaneous Appropriations Act,
2001 (as enacted by section 1(a)(4) of Public Law 106-554,
114 Stat. 2763A-194), division A, chapter 9, under the
heading ``Library of Congress'' ``Salaries and Expenses'' is
amended by striking ``March 31, 2003'' and inserting ``March
31, 2005''.
Sec. 1304. Abraham Lincoln Bicentennial Commission. The
Abraham Lincoln Bicentennial Commission Act (36 U.S.C. note
prec. 101; Public Law 106-173) is amended--
(1) in section 6(b), by striking paragraph (2) and
inserting the following:
``(2) Staff.--Consistent with all other applicable Federal
laws governing appointments and compensation, the staff of
the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of that title relating to classification
and General Schedule pay rates.''; and
(2) in section 7(h)(3), by striking ``subsection (b)(2)''
and inserting ``section 6(b)(2)''.

GOVERNMENT PRINTING OFFICE

Congressional Printing and Binding

(including transfer of funds)

For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol;
expenses necessary for preparing the semimonthly and session
index to the Congressional Record, as authorized by law
(section 902 of title 44, United States Code); printing and
binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding,
and distribution of Government publications authorized by law
to be distributed without charge to the recipient,
$90,143,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of
title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of
obligations incurred under the appropriations for similar
purposes for preceding fiscal years: Provided further, That
notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated
or made available under this Act or any other Act for
printing and binding and related services provided to
Congress under chapter 7 of title 44, United States Code, may
be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document,
report, or publication is authorized by Congress to be
printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.

Office of Superintendent of Documents

salaries and expenses

(including transfer of funds)

For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and
designated depository and international exchange libraries as
authorized by law, $29,661,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional
serial sets and other related publications for  2001 and 2002
to depository and other designated libraries: Provided
further, That any unobligated or unexpended balances in this
account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office
revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations
of the House of Representatives and Senate.

Government Printing Office Revolving Fund

The Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and
in accord with the law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs and purposes
set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided, That not
more than $2,500 may be expended on the certification of the
Public Printer in connection with official representation and
reception expenses: Provided further, That the revolving fund
shall be available for the hire or purchase of not more than
12 passenger motor vehicles: Provided further, That
expenditures in connection with travel expenses of the
advisory councils to the Public Printer shall be deemed
necessary to carry out the provisions of title 44, United
States Code: Provided further, That the revolving fund shall
be available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That the revolving fund and the funds provided under the
headings ``Office of Superintendent of Documents'' and
``salaries and expenses'' together may not be available for
the full-time equivalent employment of more than 3,219
workyears (or such other number of workyears as the Public
Printer may request, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate): Provided further, That activities financed
through the revolving fund may provide information in any
format.

GENERAL ACCOUNTING OFFICE

Salaries and Expenses

For necessary expenses of the General Accounting Office,
including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under section 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $451,134,000: Provided, That
not more than $2,210,000 of payments received under section
782 of title 31, United States Code, shall be available for
use in fiscal year 2003: Provided further, That not more than
$790,000 of reimbursements received

[[Page S952]]

under section 9105 of title 31, United States Code, shall be
available for use in fiscal year 2003: Provided further, That
this appropriation and appropriations for administrative
expenses of any other department or agency which is a member
of the National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance
an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of
non-Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to
any appropriation from which costs involved are initially
financed: Provided further, That this appropriation and
appropriations for administrative expenses of any other
department or agency which is a member of the American
Consortium on International Public Administration (ACIPA)
shall be available to finance an appropriate share of ACIPA
costs as determined by the ACIPA, including any expenses
attributable to membership of ACIPA in the International
Institute of Administrative Sciences.

PAYMENT TO THE FOREIGN LEADERSHIP DEVELOPMENT CENTER TRUST FUND

For a payment to the Foreign Leadership Development Center
Trust Fund for financing activities of the Center for Foreign
Development, $13,000,000.

Administrative Provision

Sec. 1401. Center for Foreign Leadership Development. (a)
In General.--Section 313 of the Legislative Branch
Appropriations Act, 2001 (Public Law 106-554; 114 Stat.
2763A-120) is amended--
(1) in the section heading, by striking ``Russian'' and
inserting ``Foreign'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Russian'' and inserting
``Foreign''; and
(B) in paragraph (2)(D), by striking ``United States and
Russian relations'' and inserting ``relations between the
United States and eligible foreign states'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``Russia'' and inserting
``eligible foreign states'';
(B) in paragraph (2), by striking ``Russian nationals'' and
inserting ``nationals of eligible foreign states'';
(C) in paragraph (3)(B), by striking ``3,000'' and
inserting ``3,500''; and
(D) in paragraph (3)(C)(i), by striking ``Russia'' and
inserting ``an eligible foreign state'';
(4) in subsection (c)(1), by striking ``Russian'' and
inserting ``Foreign''; and
(5) by adding at the end the following:
``(i) Eligible Foreign State Defined.--In this section, the
term `eligible foreign state' means--
``(1) any country specified in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801); and
``(2) Estonia, Latvia, and Lithuania.''.
(b) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.

TITLE II--GENERAL PROVISIONS

Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2003
unless expressly so provided in this Act.
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
is appropriated for or the rate of compensation or
designation of any office or position appropriated for is
different from that specifically established by such Act, the
rate of compensation and the designation in this Act shall be
the permanent law with respect thereto: Provided, That the
provisions in this Act for the various items of official
expenses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the
permanent law with respect thereto.
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.
Sec. 205. Such sums as may be necessary are appropriated to
the account described in subsection (a) of section 415 of the
Congressional Accountability Act to pay awards and
settlements as authorized under such subsection.
Sec. 206. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
Sec. 207. Section 316 of Public Law 101-302 is amended in
the first sentence of subsection (a) by striking ``2002'' and
inserting ``2003''.
Sec. 208. The Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets and
sidewalks, in the irregular shaped grassy areas bounded by
Washington Avenue, SW on the northeast, Second Street SW on
the west, Square 582 on the south, and the beginning of the
I-395 tunnel on the southeast.
Sec. 209. United States-China Economic and Security Review
Commission. There are appropriated, out of any funds in the
Treasury not otherwise appropriated, $1,800,000, to remain
available until expended, to the United States-China Economic
and Security Review Commission.
Sec. 210. John C. Stennis Center for Public Service
Training and Development. There are appropriated, out of any
funds in the Treasury not otherwise appropriated, $300,000,
to remain available until expended, to the John C. Stennis
Center for Public Service Training and Development.
Sec. 211. Title II of the Congressional Award Act. There
are appropriated, out of any funds in the Treasury not
otherwise appropriated, $250,000, to remain available until
expended, to carry out title II of the Congressional Award
Act (2 U.S.C. 811 et seq.): Provided, That funds appropriated
for this purpose do not exceed 100 percent of funds donated
to the Board in cash or in kind under section 208(c) of the
Congressional Award Act: Provided further, That such funds
are used for staff salaries and overhead, postage, travel,
equipment, and accounting costs.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2003''.

DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003

Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 2003, and for other
purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 2003, and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Salaries and Expenses

For necessary expenses of the Office of the Secretary,
$83,069,000, of which not to exceed $2,201,000 shall be
available for the immediate Office of the Secretary; not to
exceed $799,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $15,507,000 shall be
available for the Office of the General Counsel; not to
exceed $11,123,000 shall be for the Office of the Under
Secretary for Transportation Policy; not to exceed $8,375,000
shall be available for the Office of the Assistant Secretary
for Budget and Programs; not to exceed $2,282,000 shall be
available for the Office of the Assistant Secretary for
Governmental Affairs; not to exceed $26,070,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,920,000 shall be available
for the Office of Public Affairs; not to exceed $1,390,000
shall be available for the Office of the Executive
Secretariat; not to exceed $611,000 shall be available for
the Board of Contract Appeals; not to exceed $1,304,000 shall
be available for the Office of Small and Disadvantaged
Business Utilization; not to exceed $11,487,000 shall be
available for the Office of the Chief Information Officer:
Provided, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees.

Office of Civil Rights

For necessary expenses of the Office of Civil Rights,
$8,700,000.

Transportation Planning, Research, and Development

For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $21,000,000.

Transportation Administrative Service Center

Necessary expenses for operating costs and capital outlays
of the Transportation Administrative Service Center, not to
exceed $131,779,000, shall be paid from appropriations made
available to the Department of Transportation: Provided, That
such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided
further, That the above limitation on operating expenses
shall not apply to non-DOT entities: Provided further, That
no funds appropriated in this Act to an agency of the
Department shall be transferred to the Transportation
Administrative Service Center without the approval of the
agency modal administrator: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of

[[Page S953]]

such assessments and the basis therefor are presented to the
House and Senate Committees on Appropriations and are
approved by such Committees.

Minority Business Resource Center Program

For the cost of guaranteed loans, $500,000, as authorized
by 49 U.S.C. 332: 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
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $400,000.

Minority Business Outreach

For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until
September 30, 2004: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.

Payments to Air Carriers

(airport and airway trust fund)

In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, to be derived from the Airport
and Airway Trust Fund, $65,000,000, to remain available until
expended.

TRANSPORTATION SECURITY ADMINISTRATION

Salaries and Expenses

For necessary expenses of the Transportation Security
Administration related to transportation security services
pursuant to Public Law 107-71, $5,346,000,000 of which
$55,000,000 shall be derived from a reimbursement from the
heading, ``Facilities and Equipment'', Federal Aviation
Administration for explosives detection systems in this
fiscal year, to remain available until September 30, 2004:
Provided, That, security service fees authorized under 49
U.S.C. 44940 shall be credited to this appropriation as
offsetting collections and used for providing security
services authorized by that section: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2003: Provided
further, That any security service fees collected in excess
of the amount appropriated under this heading shall be
treated as offsetting collections in 2004.

COAST GUARD

Operating Expenses

For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase of not
to exceed five passenger motor vehicles for replacement only;
payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), and section 229(b) of the
Social Security Act (42 U.S.C. 429(b)); and recreation and
welfare, $4,318,456,000, of which $340,000,000 shall be
available for defense-related activities; and of which
$25,000,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That none of the funds appropriated in
this or any other Act shall be available for pay of
administrative expenses in connection with shipping
commissioners in the United States: Provided further, That
none of the funds provided in this Act shall be available to
compensate in excess of 37 active duty flag officer billets:
Provided further, That none of the funds provided in this Act
shall be available for expenses incurred for yacht
documentation under 46 U.S.C. 12109, except to the extent
fees are collected from yacht owners and credited to this
appropriation.

Acquisition, Construction, and Improvements

For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, $752,000,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund; of which
$25,600,000 shall be available to acquire, repair, renovate
or improve vessels, small boats and related equipment, to
remain available until September 30, 2007; $132,700,000 shall
be available for other equipment, to remain available until
September 30, 2005; $48,700,000 shall be available for shore
facilities and aids to navigation facilities, to remain
available until September 30, 2005; $65,000,000 shall be
available for personnel compensation and benefits and related
costs, to remain available until September 30, 2003; and
$480,000,000 shall be available for the Integrated Deepwater
Systems program, to remain available until September 30,
2006: Provided, That the Commandant of the Coast Guard is
authorized to dispose of surplus real property, by sale or
lease, and the proceeds shall be credited to this
appropriation as offsetting collections and made available
only for the National Distress and Response System
Modernization program, to remain available for obligation
until September 30, 2004: Provided further, That none of the
funds provided under this heading may be obligated or
expended for the Integrated Deepwater Systems (IDS) system
integration contract in fiscal year 2004 until the Secretary
or Deputy Secretary of Transportation and the Director,
Office of Management and Budget jointly certify to the House
and Senate Committees on Appropriations that funding for the
IDS program for fiscal years 2004 through 2008, funding for
the National Distress and Response System Modernization
program to allow for full deployment of said system by 2006,
and funding for other essential search and rescue
procurements, are fully funded in the Coast Guard Capital
Investment Plan and within the Office of Management and
Budget's budgetary projections for the Coast Guard for those
years: Provided further, That upon initial submission to the
Congress of the fiscal year 2004 President's budget, the
Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the United States
Coast Guard which includes funding for each budget line item
for fiscal years 2004 through 2008, with total funding for
each year of the plan constrained to the funding targets for
those years as estimated and approved by the Office of
Management and Budget: Provided further, That the amount
herein appropriated shall be reduced by $150,000 per day for
each day after initial submission of the President's budget
that the plan has not been submitted to the Congress.

Environmental Compliance and Restoration

For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $17,000,000, to
remain available until expended.

Alteration of Bridges

For necessary expenses for alteration or removal of
obstructive bridges, $14,000,000, to remain available until
expended.

Retired Pay

For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for
this purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses under the National Defense Authorization Act,
and for payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), $889,000,000.

Reserve Training

For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities;
and supplies, equipment, and services, $86,522,000.

Research, Development, Test, and Evaluation

For necessary expenses, not otherwise provided for, for
applied scientific research, development, test, and
evaluation; maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law,
$22,000,000, to remain available until expended, of which
$3,500,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That there may be credited to and used
for the purposes of this appropriation funds received from
State and local governments, other public authorities,
private sources, and foreign countries, for expenses incurred
for research, development, testing, and evaluation.

FEDERAL AVIATION ADMINISTRATION

Operations

For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 104-264, $7,047,203,000, of which
$3,799,278,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $5,662,037,000 shall be
available for air traffic services program activities; not to
exceed $839,467,000 shall be available for aviation
regulation and certification program activities; not to
exceed $207,600,000 shall be available for research and
acquisition program activities; not to exceed $12,325,000
shall be available for commercial space transportation
program activities; not to exceed $48,782,000 shall be
available for financial services program activities; not to
exceed $80,260,000 shall be available for human resources
program activities; not to exceed $82,192,000 shall be
available for regional coordination program activities; not
to exceed $84,890,000 shall be available for staff offices;
and not to exceed $29,650,000 shall be available for
information services: Provided, That none of the funds in
this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation funds received from States, counties,
municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in
the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $6,000,000
shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a
grant

[[Page S954]]

agreement with a nonprofit standard-setting organization to
assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training
program: Provided further, That none of the funds in this Act
shall be available for paying premium pay under 5 U.S.C.
5546(a) to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay: Provided further, That
none of the funds in this Act may be obligated or expended to
operate a manned auxiliary flight service station in the
contiguous United States.

Facilities and Equipment

(airport and airway trust fund)

For necessary expenses, not otherwise provided for, for
acquisition, establishment, and improvement by contract or
purchase, and hire of air navigation and experimental
facilities and equipment as authorized under part A of
subtitle VII of title 49, United States Code, including
initial acquisition of necessary sites by lease or grant;
engineering and service testing, including construction of
test facilities and acquisition of necessary sites by lease
or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading; to be derived from the Airport and Airway Trust
Fund, $2,981,022,000, of which $2,558,455,000 shall remain
available until September 30, 2005, and of which $422,567,000
shall remain available until September 30, 2003: Provided,
That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation
facilities: Provided further, That upon initial submission to
the Congress of the fiscal year 2004 President's budget, the
Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2004 through 2008, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget: Provided further, That
the amount herein appropriated shall be reduced by $150,000
per day for each day after initial submission of the
President's budget that the plan has not been submitted to
the Congress.

Research, Engineering, and Development

(airport and airway trust fund)

For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$124,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2005:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred for research, engineering, and development.

Grants-in-Aid for Airports

(liquidation of contract authorization)

(limitation on obligations)

(airport and airway trust fund)

For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for implementation of section 203 of
Public Law 106-181; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $3,100,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds
under this heading shall be available for the planning or
execution of programs the obligations for which are in excess
of $3,400,000,000 in fiscal year 2003, notwithstanding
section 47117(g) of title 49, United States Code: Provided
further, That notwithstanding any other provision of law, not
more than $81,049,000 of funds limited under this heading
shall be obligated for administration and for technology
research and not less than $20,000,000 shall be for the Small
Community Air Service Development Pilot Program.

Aviation Insurance Revolving Fund

The Secretary of Transportation is hereby authorized to
make such expenditures and investments, within the limits of
funds available pursuant to 49 U.S.C. 44307, and in
accordance with section 104 of the Government Corporation
Control Act, as amended (31 U.S.C. 9104), as may be necessary
in carrying out the program for aviation insurance activities
under chapter 443 of title 49, United States Code.

FEDERAL HIGHWAY ADMINISTRATION

Limitation on Administrative Expenses

Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $317,732,000,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration: Provided, That of the funds
available under section 104(a)(1)(A) of title 23, United
States Code: $7,500,000 shall be available for ``Child
Passenger Protection Education Grants'' under section 2003(b)
of Public Law 105-178, as amended; $47,000,000 shall be
available for construction of state border safety inspection
facilities at the United States/Mexico border, and shall
remain available until expended; $59,967,000 shall be
available for border enforcement activities required by
section 350 of Public Law 107-87, and shall remain available
until expended; $69,000,000 shall be available, in addition
to funds made available by section 330 of this Act, to enable
the Secretary to make grants for surface transportation
projects, and shall remain available until expended; and
$6,000,000 shall be available for environmental streamlining
activities, which may include making grants to, or entering
into contracts, cooperative agreements, and other
transactions, with a Federal agency, State agency, local
agency, authority, association, nonprofit or for-profit
corporation, or institution of higher education.

Federal-Aid Highways

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $31,800,000,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2003: Provided, That within the $232,000,000 obligation
limitation on Intelligent Transportation Systems, the
following sums shall be made available for Intelligent
Transportation System projects that are designed to achieve
the goals and purposes set forth in section 5203 of the
Intelligent Transportation Systems Act of 1998 (subtitle C of
title V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502
note) in the following specified areas:
Advance Traveler Info. System & Smart Card System, OH,
$2,500,000;
Alaska Statewide: Smart Emergency Medical Access System,
$3,000,000;
Boston Traffic Monitoring & Security System, MA,
$2,000,000;
Bozeman Pass Wildlife Channelization Study, MT, $500,000;
Cargo Mate Logistics and Intermodal Management System, NY,
$2,000,000;
Cary, Computerized Traffic Signal System, NC, $1,000,000;
CCTA Burlington Multimodal Transit Center, VT, $1,000,000;
Center for Injury Sciences at UAB, Crash Notification, AL,
$2,000,000;
Central Florida Regional Trans. Authority, Orange/Seminole
ITS, FL, $2,000,000;
Chattanooga (CARTA) ITS, TN, $1,500,000;
Sierra Madre Intermodal Trans. Center, Los Angeles, CA,
$2,500,000;
CVISN, NM, $1,125,000;
Flint Mass Transportation Authority ITS program, MI,
$1,000,000;
Intelligent Transportation Center, Atlanta, GA, $500,000;
GMU, ITS Research, VA, $2,000,000;
Great Lakes ITS program, MI, $3,000,000;
Harrison County Sheriff's Department, ITS, MS, $1,000,000;
Hoosier SAFE-T, IN, $2,000,000;
Huntsville, AL, $2,000,000;
I-80 Dynamic Message Signs, Southern WY, $4,000,000;
Idaho Statewide CVISN, $2,250,000;
Illinois Statewide, $4,500,000;
Iowa Statewide ITS, $1,400,000;
Kansas City Scout, Advanced Traffic Management System, KS,
$1,500,000;
Kansas City SmartPort, $1,000,000;
Kent, Intracity Transit Project, WA, $1,500,000;
Lynnwood ITS, WA, $2,000,000;
Maine Statewide, Rural Advanced Traveler Info. System, ME,
$2,000,000;
Maryland Statewide ITS, $2,000,000;
Missouri Statewide Rural ITS, MO, $2,000,000;
NDSU Advanced Traffic Analysis Center, ND, $1,000,000;
Nebraska statewide ITS, $5,000,000;
New Bedford ITS Port Information Center, MA, $1,000,000;
Oklahoma Statewide ITS, $7,000,000;
Pennsylvania Turnpike Commission, PA, $5,000,000;
Program of Projects, WA, $5,500,000;
Providence Transportation Information Center, ITS, RI,
$2,000,000;
Sacramento Area Council of Governments, ITS, CA,
$1,000,000;
Shreveport ITS Project, LA, $1,000,000;
SCDOT Statewide ITS, $5,000,000;
SR-68/Riverside Dr. ITS, Espanola, NM, $475,000;
Surface Transportation Institute, Univ. of North Dakota,
ND, $1,500,000;
T-REX Southeast Corridor Multi-Modal Project, CO,
$9,000,000;
Tucson ER-LINK ITS project, AZ, $1,250,000;
Univ. of Nebraska Lincoln, SMART Transportation, NE,
$2,000,000;
University of Kentucky Transportation Center, KY,
$2,000,000;
Utah Commuter Link, Davis and Utah Counties, UT,
$1,000,000;

[[Page S955]]

Vermont Statewide Rural Advanced Traveler System, VT,
$1,500,000;
Vermont Variable Message Signs, VT, $1,000,000;
Washington, DC Metro ITS, $4,000,000;
Northern Virginia ITS, VA, $4,000,000; and
Wisconsin State Patrol Mobile Data Communications Network,
$2,000,000.

Federal-Aid Highways

(liquidation of contract authorization)

(highway trust fund)

Notwithstanding any other provision of law, for carrying
out the provisions of title 23, United States Code, that are
attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C.
148, not otherwise provided, including reimbursement for sums
expended pursuant to the provisions of 23 U.S.C. 308,
$32,000,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available
until expended.

Appalachian Development Highway System

For necessary expenses for the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, as amended, $200,000,000, to remain available
until expended.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Motor Carrier Safety

limitation on administrative expenses

For necessary expenses for administration of motor carrier
safety programs and motor carrier safety research, pursuant
to section 104(a)(1)(B) of title 23, United States Code, not
to exceed $117,464,000 shall be paid in accordance with law
from appropriations made available by this Act and from any
available take-down balances to the Federal Motor Carrier
Safety Administration, together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration: Provided, That such amounts shall be
available to carry out the functions and operations of the
Federal Motor Carrier Safety Administration.

National Motor Carrier Safety Program

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106
and 31309, $190,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That
none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $190,000,000 for ``Motor Carrier
Safety Grants'', and ``Information Systems''.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Operations and Research

For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
chapter 301 of title 49, United States Code, and part C of
subtitle VI of title 49, United States Code, $141,000,000, of
which $98,161,131 shall remain available until September 30,
2005: Provided, That none of the funds appropriated by this
Act may be obligated or expended to plan, finalize, or
implement any rulemaking to add to section 575.104 of title
49 of the Code of Federal Regulations any requirement
pertaining to a grading standard that is different from the
three grading standards (treadwear, traction, and temperature
resistance) already in effect.

Operations and Research

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, to remain available until
expended, $72,000,000, to be derived from the Highway Trust
Fund: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2003, are in excess of
$72,000,000 for programs authorized under 23 U.S.C. 403.

National Driver Register

(highway trust fund)

For expenses necessary to discharge the functions of the
Secretary with respect to the National Driver Register under
chapter 303 of title 49, United States Code, $2,000,000, to
be derived from the Highway Trust Fund, and to remain
available until expended.

Highway Traffic Safety Grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23
U.S.C. 402, 405, and 410, to remain available until expended,
$225,000,000, to be derived from the Highway Trust Fund:
Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2003, are in excess of
$225,000,000 for programs authorized under 23 U.S.C. 402,
405, and 410, of which $165,000,000 shall be for ``Highway
Safety Programs'' under 23 U.S.C. 402, $20,000,000 shall be
for ``Occupant Protection Incentive Grants'' under 23 U.S.C.
405, and $40,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Grants'' under 23 U.S.C. 410: Provided
further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$8,150,000 of the funds made available for section 402, not
to exceed $1,000,000 of the funds made available for section
405, and not to exceed $2,000,000 of the funds made available
for section 410 shall be available to NHTSA for administering
highway safety grants under chapter 4 of title 23, United
States Code: Provided further, That not to exceed $500,000 of
the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for
technical assistance to the States.

FEDERAL RAILROAD ADMINISTRATION

Safety and Operations

For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $118,264,000, of
which $6,636,000 shall remain available until expended.

Railroad Research and Development

For necessary expenses for railroad research and
development, $29,325,000, to remain available until expended.

Railroad Rehabilitation and Improvement Program

The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2003.

Next Generation High-Speed Rail

For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$30,000,000, to remain available until expended.

Alaska Railroad Rehabilitation

To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $25,000,000 shall be for capital
rehabilitation and improvements benefiting its passenger
operations, to remain available until expended.

Grants to the National Railroad Passenger Corporation

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation, $826,476,000, to
remain available until expended, of which not more than
$521,476,000 is available until submission by the Secretary
of Transportation of legislation reauthorizing the National
Passenger Railroad Corporation.

FEDERAL TRANSIT ADMINISTRATION

Administrative Expenses

For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $14,600,000: Provided, That no
more than $73,000,000 of budget authority shall be available
for these purposes: Provided further, That of the funds in
this Act available for the execution of contracts under
section 5327(c) of title 49, United States Code, $2,000,000
shall be reimbursed to the Department of Transportation's
Office of Inspector General for costs associated with audits
and investigations of transit-related issues, including
reviews of new fixed guideway systems: Provided further, That
not to exceed $2,600,000 for the National transit database
shall remain available until expended.

Formula Grants

(including transfer of funds)

For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105-178,
$767,800,000, to remain available until expended: Provided,
That no more than $3,839,000,000 of budget authority shall be
available for these purposes: Provided further, That
notwithstanding section 3008 of Public Law 105-178 and 49
U.S.C. 5309(m)(3)(C), $50,000,000 of the funds to carry out
49 U.S.C. 5308 shall be transferred to and merged with
funding provided for the replacement, rehabilitation, and
purchase of buses and related equipment and the construction
of bus-related facilities under ``Federal Transit
Administration, Capital investment grants''.

University Transportation Research

For necessary expenses to carry out 49 U.S.C. 5505,
$1,200,000, to remain available until expended: Provided,
That no more than $6,000,000 of budget authority shall be
available for these purposes.

Transit Planning and Research

For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$24,200,000, to remain available until expended: Provided,
That no more than $122,000,000 of budget authority shall be
available for these purposes: Provided further, That
$5,250,000 is available to provide rural transportation
assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to

[[Page S956]]

carry out programs under the National Transit Institute (49
U.S.C. 5315), $8,250,000 is available to carry out transit
cooperative research programs (49 U.S.C. 5313(a)),
$60,385,600 is available for metropolitan planning (49 U.S.C.
5303, 5304, and 5305), $12,614,400 is available for State
planning (49 U.S.C. 5313(b)); and $31,500,000 is available
for the national planning and research program (49 U.S.C.
5314).

Trust Fund Share of Expenses

(liquidation of contract authorization)

(highway trust fund)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308,
5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037
and 3038 of Public Law 105-178, $5,781,000,000, to remain
available until expended, and to be derived from the Mass
Transit Account of the Highway Trust Fund: Provided, That
$3,071,200,000 shall be paid to the Federal Transit
Administration's formula grants account: Provided further,
That $97,800,000 shall be paid to the Federal Transit
Administration's transit planning and research account:
Provided further, That $58,400,000 shall be paid to the
Federal Transit Administration's administrative expenses
account: Provided further, That $4,800,000 shall be paid to
the Federal Transit Administration's university
transportation research account: Provided further, That
$120,000,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants
program: Provided further, That $2,428,800,000 shall be paid
to the Federal Transit Administration's capital investment
grants account.

Capital Investment Grants

(including transfer of funds)

For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $607,200,000, to remain available until
expended: Provided, That no more than $3,036,000,000 of
budget authority shall be available for these purposes:
Provided further, That there shall be available for fixed
guideway modernization, $1,214,400,000; there shall be
available for the replacement, rehabilitation, and purchase
of buses and related equipment and the construction of bus-
related facilities, $607,200,000, together with $50,000,000
made available under 5309(m)(3)(C) of this title and
$50,000,000 transferred from ``Federal Transit
Administration, Formula Grants''; and there shall be
available for new fixed guideway systems $1,214,400,000,
together with $25,000,000 transferred from the Job Access and
Reverse Commute Grants Program account; to be available as
follows:
Alaska-Hawaii Setaside, $10,296,000;
Allegheny Port Authority, Stage II Light Rail Transit, PA,
$26,250,000;
Altamont Commuter Express San Jose to Stockton, CA,
$1,000,000;
Anderson County, South Carolina Transit System, SC,
$5,000,000;
Baltimore Central Light Rail Double Track Project, MD,
$24,250,000;
BART, SFO Extension, CA, $100,000,000;
Birmingham Transit Corridor Study/PE, AL, $3,000,000;
Boston, North Shore Corridor Project, MA, $500,000;
Boston, MA, South Boston Piers Transitway, $681,000;
Bridgeport Intermodal Corridor Project, CT, $5,000,000;
Burlington-Middlebury Commuter Rail, VT, $2,000,000;
Canal Streetcar, New Orleans, LA, $30,000,000;
Charlotte South Corridor Light Rail Project, NC,
$8,000,000;
Chicago, Douglas Blue Line Project, IL, $55,000,000;
Chicago, METRA, Expansion Project, IL, $52,000,000;
Chicago, Ravenswood Brown Line Expansion Project, IL,
$2,000,000;
DART, Suburban Areas Extension, Dallas, TX, $60,000,000;
Dulles Link Project, VA, $18,000,000;
East Side Access Project, NY, $12,000,000;
Euclid Corridor Transportation Project, Cleveland, OH,
$6,000,000;
Houston Advanced Metro Transit Plan, $20,000,000;
Hudson-Bergen, Hoboken to Tonnelle Ave., NJ (MOS2),
$50,000,000;
Hudson-Bergen, Jersey City, Bayonne & Hoboken, NJ (MOS1),
$19,200,000;
Interstate MAX Light Rail Transit Extension Project,
Portland, OR, $70,000,000;
Johnson County Commuter Rail, KS, $400,000;
Little Rock River Rail, AR, $2,000,000;
Los Angeles, North Hollywood Extension, CA, $40,490,000;
Lowell, MA to Nashua, NH Commuter Rail Ext. Project, NH,
$500,000;
MARC Expansion Project, MD, $12,000,000;
MARTA North Line Extension Project Completion, GA,
$16,110,000;
MATA Medical Rail Extension, Memphis,TN, $15,610,000;
Medical Center Light Rail Extension, UT, $10,000,000;
Metro Link Commuter Rail, St. Clair Extension Project, IL,
$3,370,000;
Metro North Rolling Stock, CT, $6,000,000;
Nashville Light Rail, TN, $3,500,000;
Newark-Elizabeth Rail Link, 15 Station Light Rail Line, NJ,
$60,000,000;
North Shore Connector Project, Pittsburgh, PA, $7,025,000;
North/South TRAX Light Rail Transit Line, UT, $720,000;
Oceanside-Escondido Light Rail Project, CA, $12,200,000;
Ogden to Provo Commuter Rail Corridor, UT, $6,000,000;
Pawtucket Layover Facility, RI, $4,500,000;
Port McKenzie Ferry, AK, $5,000,000;
Raleigh, Triangle Transit Project, NC, $11,000,000;
Resort Corridor Project, Las Vegas, NV, $9,000,000;
Salt Lake City University TRAX Light Rail Transit Line, UT,
$68,760,000;
San Diego Mission Valley East Line Project, CA,
$65,000,000;
San Juan-Tren Urbano, $30,038,000;
Santa Fe/El Dorado Rail Link, NM, $1,000,000;
Scranton to New York City Passenger Rail Service, PA,
$3,000,000;
SEPTA Schuylkill Valley Metro Project, PA, $15,000,000;
Sounder Commuter Rail, WA, $30,000,000;
Stamford Urban Transitway, Phase 2 Project, CT,
$12,000,000;
T-REX Southeast Light Rail Corridor, CO, $70,000,000;
Tri-Rail, Double Track Improvement, FL, $18,500,000;
Twin Cities Hiawatha & Northstar Projects, MN, $48,000,000;
Vermont Transportation Authority Rolling Stock, VT,
$1,000,000;
Virginia Railway Express VRE, Project, VA, $4,000,000;
Wilmington Train Station improvements, DE, $3,000,000;
Wilsonville to Beaverton Commuter Rail Project, OR,
$4,500,000; and
WMATA Addison Rd, Largo Extension, MD, $60,000,000.

Job Access and Reverse Commute Grants

Notwithstanding section 3037(l)(3) of Public Law 105-178,
as amended, for necessary expenses to carry out section 3037
of the Federal Transit Act of 1998, $30,000,000, to remain
available until expended: Provided, That no more than
$150,000,000 of budget authority shall be available for these
purposes: Provided further, That up to $300,000 of the funds
provided under this heading may be used by the Federal
Transit Administration for technical assistance and support
and performance reviews of the Job Access and Reverse Commute
Grants program: Provided further, That $25,000,000 shall be
transferred to and merged with funds for new fixed guideway
systems under the Federal Transit Administration's Capital
Investment Grants account.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

Saint Lawrence Seaway Development Corporation

The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.

Operations and Maintenance

(harbor maintenance trust fund)

For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $13,345,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

Research and Special Programs

For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $43,725,000, of
which $645,000 shall be derived from the Pipeline Safety
Fund, and of which $3,342,000 shall remain available until
September 30, 2005: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training, for
reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials
exemptions and approvals functions.

Pipeline Safety

(pipeline safety fund)

(oil spill liability trust fund)

For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $63,857,000, of which $7,472,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2005; of which
$56,385,000 shall be derived from the Pipeline Safety Fund,
of which $24,823,000 shall remain available until September
30, 2005.

Emergency Preparedness Grants

(emergency preparedness fund)

For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2005: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2003 from amounts made available by
49 U.S.C.

[[Page S957]]

5116(i) and 5127(d): Provided further, That none of the funds
made available by 49 U.S.C. 5116(i) and 5127(d) shall be made
available for obligation by individuals other than the
Secretary of Transportation, or his designee.

OFFICE OF INSPECTOR GENERAL

Salaries and Expenses

For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $57,421,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3) to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading shall be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.

SURFACE TRANSPORTATION BOARD

Salaries and Expenses

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $19,459,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,000,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2003, to result in a final appropriation from the
general fund estimated at no more than $18,459,000.

TITLE II

RELATED AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Salaries and Expenses

For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$5,194,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.

NATIONAL TRANSPORTATION SAFETY BOARD

Salaries and Expenses

For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$72,500,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.

TITLE III

GENERAL PROVISIONS

(including transfers of funds)

Sec. 301. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 302. Such sums as may be necessary for fiscal year
2003 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 303. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 304. None of the funds in this Act shall be available
for salaries and expenses of more than 105 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision or political and Presidential appointees in an
independent agency funded in this Act may be assigned on
temporary detail outside the Department of Transportation or
such independent agency.
Sec. 305. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 306. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 307. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 308. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 309. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 310. (a) For fiscal year 2003, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a)(1)(A) of title 23, United States
Code, for the highway use tax evasion program and for the
Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for the previous fiscal
year the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid Highways less
the aggregate of amounts not distributed under paragraphs (1)
and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for sections
set forth in paragraphs (1) through (7) of subsection (b) and
sums authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) of section 117 of title 23, United
States Code (relating to high priority projects program),
section 201 of the Appalachian Regional Development Act of
1965, the Woodrow Wilson Memorial Bridge Authority Act of
1995, and $2,000,000,000 for such fiscal year under section
105 of title 23, United States Code (relating to minimum
guarantee) so that the amount of obligation authority
available for each of such sections is equal to the amount
determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each of the programs that
are allocated by the Secretary under title 23, United States
Code (other than activities to which paragraph (1) applies
and programs to which paragraph (4) applies) by multiplying
the ratio determined under paragraph (3) by the sums
authorized to be appropriated for such program for such
fiscal year: Provided, That the amount of obligation
limitation distributed for each program does not exceed the
amount authorized to be appropriated for such program; and
(6) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-aid
highways and highway safety construction programs (other than
the minimum guarantee program, but only to the extent that
amounts apportioned for the minimum guarantee program for
such fiscal year exceed $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by
the Secretary under title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the sums authorized to be appropriated for
such programs that are apportioned to all States for such
fiscal year.
(b) The obligation limitation for Federal-aid Highways
shall not apply to obligations: (1) under section 125 of
title 23, United States Code; (2) under section 147 of the
Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under
sections 131(b) and 131(j) of the Surface Transportation
Assistance Act of 1982; (5) under sections 149(b) and 149(c)
of the Surface Transportation and Uniform Relocation
Assistance Act of 1987; (6) under sections 1103 through 1108
of the Intermodal Surface Transportation Efficiency Act of
1991; (7) under section 157 of title 23, United States Code,
as in effect on the day before the date of the enactment of
the Transportation Equity Act for the 21st Century; and (8)
under section 105 of title 23, United States Code (but, only
in an amount equal to $639,000,000 for such fiscal year).
(c) Notwithstanding subsection (a), the Secretary shall
after August 1 for such fiscal year revise a distribution of
the obligation limitation made available under subsection (a)
if a State will not obligate the amount distributed during
that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those
previously distributed during that fiscal year giving
priority to those States having large unobligated balances of
funds apportioned

[[Page S958]]

under sections 104 and 144 of title 23, United States Code,
section 160 (as in effect on the day before the enactment of
the Transportation Equity Act for the 21st Century) of title
23, United States Code, and under section 1015 of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1943-1945).
(d) The obligation limitation shall apply to transportation
research programs carried out under chapter 5 of title 23,
United States Code, except that obligation authority made
available for such programs under such limitation shall
remain available for a period of 3 fiscal years.
(e) Not later than 30 days after the date of the
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds: (1)
that are authorized to be appropriated for such fiscal year
for Federal-aid highways programs (other than the program
under section 160 of title 23, United States Code) and for
carrying out subchapter I of chapter 311 of title 49, United
States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary
determines will not be allocated to the States, and will not
be available for obligation, in such fiscal year due to the
imposition of any obligation limitation for such fiscal year.
Such distribution to the States shall be made in the same
ratio as the distribution of obligation authority under
subsection (a)(6). The funds so distributed shall be
available for any purposes described in section 133(b) of
title 23, United States Code.
(f) Obligation limitation distributed for a fiscal year
under subsection (a)(4) of this section for a section set
forth in subsection (a)(4) shall remain available until used
and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway
safety construction programs for future fiscal years.
Sec. 311. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 312. None of the funds in this Act shall be available
to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than five
miles wide between the Santa Barbara Traffic Separation
Scheme and the San Francisco Traffic Separation Scheme.
Sec. 313. Notwithstanding any other provision of law,
airports may transfer, without consideration, to the Federal
Aviation Administration (FAA) instrument landing systems
(along with associated approach lighting equipment and runway
visual range equipment) which conform to FAA design and
performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport
development aid program or airport improvement program grant:
Provided, That, the Federal Aviation Administration shall
accept such equipment, which shall thereafter be operated and
maintained by FAA in accordance with agency criteria.
Sec. 314. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Capital investment grants'' for projects specified in this
Act or identified in reports accompanying this Act not
obligated by September 30, 2005, and other recoveries, shall
be made available for other projects under 49 U.S.C. 5309.
Sec. 315. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2002, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 316. Notwithstanding any other provision of law,
whenever an allocation is made of the sums authorized to be
appropriated for expenditure on the Federal lands highway
program, and whenever an apportionment is made of the sums
authorized to be appropriated for expenditure on the surface
transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the
Interstate maintenance program, the bridge program, the
Appalachian development highway system, and the minimum
guarantee program, the Secretary of Transportation shall--
(1) deduct a sum in such amount not to exceed .45 percent
of all sums so made available, as the Secretary determines
necessary, to administer the provisions of law to be financed
from appropriations for motor carrier safety programs and
motor carrier safety research: Provided, That any deduction
by the Secretary of Transportation in accordance with this
subsection shall be deemed to be a deduction under section
104(a)(1)(B) of title 23, United States Code, and the sum so
deducted shall remain available until expended; and
(2) deduct a sum in such amount not to exceed 1.9 percent
of all sums so made available, as the Secretary determines
necessary to administer the provisions of law to be financed
from appropriations for the programs authorized under
chapters 1 and 2 of title 23, United States Code, and to make
transfers in accordance with section 104(a)(1)(A)(ii) of
title 23, United States Code: Provided, That any deduction by
the Secretary of Transportation in accordance with this
subsection shall be deemed to be a deduction under section
104(a)(1)(A) of title 23, United States Code, and the sum so
deducted shall remain available until expended.
Sec. 317. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account,
and to the Federal Railroad Administration's ``Safety and
Operations'' account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.
Sec. 318. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by
the State of Hawaii to initiate and operate a passenger
ferryboat services demonstration project to test the
viability of different intra-island and inter-island ferry
boat routes and technology: Provided further, that
notwithstanding the provisions 49 U.S.C. 5302(a)(7), funds
made available for Alaska or Hawaii ferry boats may be used
to acquire passenger ferry boats and to provide passenger
ferry transportation services within areas of the State of
Hawaii under the control or use of the National Park Service.
Sec. 319. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.
Sec. 320. (a) Section 47107 of title 49, United States
Code, is amended by inserting after section 47107(p) the
following:
``(q) Notwithstanding any written assurances prescribed in
subsections (a) through (p), a general aviation airport with
more than 300,000 annual operations may be exempt from having
to accept scheduled passenger air carrier service, provided
that the following conditions are met:
``(1) No scheduled passenger air carrier has provided
service at the airport within five years prior to January 1,
2002;
``(2) The airport is located within the Class B airspace of
an airport that maintains an airport operating certificate
pursuant to Section 44706 of title 49; and,
``(3) The certificated airport operating under Section
44706 of title 49 has sufficient capacity and does not
contribute to significant delays as defined by DOT/FAA in the
`Airport Capacity Benchmark Report 2001'.
``(r) An airport that meets the conditions of subsections
(q)(1) through (3) is not subject to Section 47524 of title
49 with respect to a prohibition on all scheduled passenger
service.''
(b) This section shall be effective upon enactment,
notwithstanding any other section of title 49.
Sec. 321. None of the funds in this Act shall, in the
absence of express authorization by Congress, be used
directly or indirectly to pay for any personal service,
advertisement, telegraph, telephone, letter, printed or
written material, radio, television, video presentation,
electronic communications, or other device, intended or
designed to influence in any manner a Member of Congress or
of a State legislature to favor or oppose by vote or
otherwise, any legislation or appropriation by Congress or a
State legislature after the introduction of any bill or
resolution in Congress proposing such legislation or
appropriation, or after the introduction of any bill or
resolution in a State legislature proposing such legislation
or appropriation: Provided, That this shall not prevent
officers or employees of the Department of Transportation or
related agencies funded in this Act from communicating to
Members of Congress or to Congress, on the request of any
Member, or to members of State legislature, or to a State
legislature, through the proper official channels, requests
for legislation or appropriations which they deem necessary
for the efficient conduct of business.
Sec. 322. (a) Funds provided in Public Law 106-69 for the
Wilmington, Delaware downtown transit connector and funds
provided in Public Law 106-346 for the Wilmington downtown
corridor project shall be available for Wilmington, Delaware
commuter rail improvements.
(b) Funds provided in Public Law 106-346 for Missoula
Ravalli Transportation Management Administration buses shall
be available for Missoula Ravalli Transportation Management
Administration buses and bus facilities.
Sec. 323. (a) In General.--None of the funds made available
in this Act may be expended by an entity unless the entity
agrees that in expending the funds the entity will comply
with the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--

[[Page S959]]

(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 324. Notwithstanding any other provision of law,
Walnut Ridge Regional Airport shall transfer to the Federal
Aviation Administration (FAA) their localizer instrument
landing system, which shall thereafter be operated and
maintained by FAA in accordance with agency criteria.
Sec. 325. Notwithstanding any other provision of law,
Williams Gateway Airport shall transfer to the Federal
Aviation Administration (FAA) air traffic control tower
equipment, which shall thereafter be operated and maintained
by FAA in accordance with agency criteria.
Sec. 326. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department from travel
management centers, charge card programs, the subleasing of
building space, and miscellaneous sources are to be credited
to appropriations of the Department and allocated to elements
of the Department using fair and equitable criteria and such
funds shall be available until December 31, 2003.
Sec. 327. Section 218(a) of Title 23, United States Code,
is amended by inserting ``reauthorization of the'' before
``Transportation''.
Sec. 328. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized
to allow the issuer of any preferred stock heretofore sold to
the Department to redeem or repurchase such stock upon the
payment to the Department of an amount determined by the
Secretary.
Sec. 329. Section 1211(i) of Public Law 105-178, which
amended section 1105(c) of the ``Intermodal Surface
Transportation Efficiency Act of 1991,'' is amended to read
as follows:
``(34) The Alameda Corridor East and Southwest Passage,
California. The Alameda Corridor East is generally described
as a west-east rail corridor extending from east Los Angeles
(terminus of Alameda Corridor) through the San Gabriel Valley
in Los Angeles County, northern Orange County, San Bernardino
County, and Riverside County. The Southwest Passage shall
follow I-10 from San Bernardino to the Arizona State line and
I-8 from San Diego to the Arizona State line.''.
Sec. 330. In addition to amounts otherwise made available
in this Act, to enable the Secretary of Transportation to
make grants for surface transportation projects, $90,600,000,
to remain available until expended.
Sec. 331. (a) Notwithstanding any other provision of law,
the Secretary shall approve the construction of Type II noise
barriers from funds apportioned under sections 104(b)(1) and
104(b)(3) of title 23, United States Code at the following
location in Georgia: On the West Side of I-285 between Paces
Ferry Road and the Chattahoochee River.
(b) Notwithstanding any other provision of law, the
Secretary of Transportation shall approve the use of funds
apportioned under paragraphs (1) and (3) of section 104(b) of
title 23, United States Code, for construction of Type II
noise barriers on the West side of GA 400 from the Glenridge
Connector to Northland Drive.
Sec. 332. None of the funds in this Act may be used to make
a grant unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than 3
full business days before any discretionary grant award is
made under section 1221 of Public Law 105-178 and before any
grant award letter of intent, or full funding grant agreement
totaling $500,000 or more is announced by the department or
its modal administrations from any discretionary grant
program within the Department: Provided, That no notification
shall involve funds that are not available for obligation.
Sec. 333. Of the funds provided in section 101(a)(2) of
Public Law 107-42, $77,100,000 are rescinded.
Sec. 334. (a) The Secretary of Transportation shall enter
into an agreement with the National Academy of Sciences under
which agreement the National Academy of Sciences shall
conduct a study of the procedures by which the Department of
Energy, together with the Department of Transportation and
the Nuclear Regulatory Commission, selects routes for the
shipment of spent nuclear fuel from research nuclear reactors
between or among existing Department of Energy facilities
currently licensed to accept such spent nuclear fuel.
(b) In conducting the study under subsection (a), the
National Academy of Sciences shall analyze the manner in
which the Department of Energy--
(1) selects potential routes for the shipment of spent
nuclear fuel from research nuclear reactors between or among
existing Department facilities currently licensed to accept
such spent nuclear fuel;
(2) selects such a route for a specific shipment of such
spent nuclear fuel; and
(3) conducts assessments of the risks associated with
shipments of such spent nuclear fuel along such a route.
(c) The analysis under subsection (b) shall include a
consideration whether, and to what extent, the procedures
analyzed for purposes of that subsection take into account
the following:
(1) The proximity of the routes under consideration to
major population centers and the risks associated with
shipments of spent nuclear fuel from research nuclear
reactors through densely populated areas.
(2) Current traffic and accident data with respect to the
routes under consideration.
(3) The quality of the roads comprising the routes under
consideration.
(4) Emergency response capabilities along the routes under
consideration.
(5) The proximity of the routes under consideration to
places or venues (including sports stadiums, convention
centers, concert halls and theaters, and other venues) where
large numbers of people gather.
(d) In conducting the study under subsection (a), the
National Academy of Sciences shall also make such
recommendations regarding the matters studied as the National
Academy of Sciences considers appropriate.
(e) The Secretary shall disperse to the National Academy of
Sciences the funds for the cost of the study required by
subsection (a) not later than 30 days after the date of the
enactment of this Act.
(f) Not later than six months after the date of the
dispersal of funds under subsection (e), the National Academy
of Sciences shall submit to the appropriate committees of
Congress a report on the study conducted under subsection
(a), including the recommendations required by subsection
(d).
(g) In this section, the term ``appropriate committees of
Congress'' means--
(1) the Committees on Commerce, Science, and
Transportation, Energy and Natural Resources, and Environment
and Public Works of the Senate;
(2) the Committee on Energy and Commerce of the House of
Representatives; and
(3) the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 335. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
and the Transportation Security Administration without cost
building construction, maintenance, utilities and expenses,
or space in airport sponsor-owned buildings for services
relating to air traffic control, air navigation, aviation
security or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities
and the TSA for necessary security checkpoints.
Sec. 336. Using up to $300,000 of the amount appropriated
for fiscal year 2002 for the Department of Transportation for
the Coast Guard for acquisition, construction, and
improvements by title I of Public Law 107-87 (115 Stat. 836),
the Secretary of Transportation shall, by grant, reimburse
the City of Escanaba, Michigan, for the costs incurred by the
City for the repair of the North wall of the municipal dock,
Escanaba, Michigan, a facility used by the Coast Guard.
Sec. 337. For the purpose of any applicable law, for fiscal
year 2003, the city of Norman, Oklahoma, shall be considered
to be part of the Oklahoma City Transportation Management
Area.
Sec. 338. For an airport project that the Administrator of
the Federal Aviation Administration (FAA) determines will add
critical airport capacity to the national air transportation
system, the Administrator is authorized to accept funds from
an airport sponsor, including entitlement funds provided
under the ``Grants-in-Aid for Airports'' program, for the FAA
to hire additional staff or obtain the services of
consultants: Provided, That the Administrator is authorized
to accept and utilize such funds only for the purpose of
facilitating the timely processing, review, and completion of
environmental activities associated with such project.
Sec. 339. (a) In General.--Notwithstanding any other
provision of subchapter I of Chapter 471 of title 49, the
Secretary of Transportation may provide grants under such
subchapter I of chapter 471 to the airport sponsor of the
Double Eagle II Airport in Albuquerque, New Mexico, for--
(1) the construction of an air traffic control tower; and
(2) the acquisition and installation of air traffic control
equipment to be used in the air traffic control tower that
will assist in sustaining or improving the safe and efficient
movement of air traffic.

[[Page S960]]

(b) Eligibility.--The sponsor shall be eligible for a grant
under this section if--
(1) the sponsor would otherwise be eligible to participate
in the pilot program established under section 47124(b)(3) of
title 49 except for the lack of the air traffic control tower
proposed to be constructed under this section; and
(2) the sponsor agrees to fund not less than 10 percent of
the costs of construction of the air traffic control tower.
(c) Project Costs.--Grants under this act shall be paid
only from amounts apportioned to the sponsor or for airports
in the state under section 47114(d) of title 49, United
States Code.
(d) Federal Share.--The Federal share of the cost of
construction of an air traffic control tower under this
section may not exceed $1,800,000.
Sec. 340. Notwithstanding any other provision of law,
States may use funds provided in this Act under Section 402
of title 23, United States Code, to produce and place highway
safety public service messages in television, radio, cinema,
and print media, and on the Internet in accordance with
guidance issued by the Secretary of Transportation: Provided,
That any state that uses funds for such public service
messages shall submit to the Secretary a report describing
and assessing the effectiveness of the messages: Provided
further, That $10,000,000 of the funds allocated for
innovative seat belt projects under Section 157 of title 23,
United States Code, and $10,000,000 of funds allocated under
Section 410 of title 23, United States Code, shall be used as
directed by the National Highway Traffic Safety
Administrator, to purchase advertising in broadcast media to
support the national mobilizations conducted in all fifty
states, aimed at increasing seat belt use and reducing
impaired driving.
Sec. 341. For purposes of entering into joint public-
private partnerships and other cooperative arrangements for
the performance of work, the Coast Guard Yard and other Coast
Guard specialized facilities designated by the Commandant may
enter into agreements or other arrangements, receive and
retain funds from and pay funds to such public and private
entities, and may accept contributions of funds, materials,
services, and the use of facilities from such entities:
Provided, That amounts received under this section may be
credited to appropriate Coast Guard accounts.
Sec. 342. None of the funds in this Act may be obligated
for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 343. Insert the following new section at the end of
chapter 53 of Title 49, United States Code:
``Sec. __. Effective for funds not yet expended on the
effective date of this section, the federal share for funds
under this chapter for a grantee named in section 603(14) of
Public Law 97-468 shall be the same as the federal share
under 23 U.S.C. section 120(b) for federal aid highway funds
apportioned to the state in which it operates.''.
Sec. 344. (a) In General.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with the State
of Nevada, the State of Arizona, or both, to provide a method
of funding for construction of a Hoover Dam Bypass Bridge
from funds allocated for the Federal Lands Highway Program
under section 202(b) of title 23, United States Code.
(b) Methods of Funding.--
(1) The agreement entered into under subsection (a) shall
provide for funding in a manner consistent with the advance
construction and debt instrument financing procedures for
Federal-Aid Highways set forth in sections 115 and 122 of
title 23, except that the funding source may include funds
made available under the Federal Lands Highway Program.
(2) Eligibility for funding under this subsection shall not
be construed as a commitment, guarantee, or obligation on the
part of the United States to provide for payment of principal
or interest of an eligible debt financing instrument as so
defined in section 122, nor create a right of a third party
against the United States for payment under an eligible debt
financing instrument. The agreement entered into pursuant to
subsection (a) shall make specific reference to this
provision of law.
(3) The provisions of this section do not limit the use of
other available funds for which the project referenced in
subsection (a) is eligible.
Sec. 345. None of the funds appropriated or otherwise made
available in this Act may be made available to any person or
entity convicted of violating the Buy American Act (41 U.S.C.
10a-10c).
Sec. 346. For fiscal year 2003, notwithstanding any other
provision of law, historic covered bridges eligible for
Federal assistance under section 1224 of the Transportation
Equity Act for the 21st Century, as amended, may be funded
from amounts set aside for the discretionary bridge program.
Sec. 347. None of the funds provided in this Act or prior
Appropriations Acts for Coast Guard ``Acquisition,
construction, and improvements'' shall be available after the
fifteenth day of any quarter of any fiscal year, unless the
Commandant of the Coast Guard first submits to the House and
Senate Committees on Appropriations a quarterly report on the
agency's mission hour emphasis and a quarterly report on all
major Coast Guard acquisition projects including projects
executed for the Coast Guard by the United States Navy and
vessel traffic service projects: Provided, That such
acquisition reports shall include an acquisition schedule,
estimated current and year funding requirements, and a
schedule of anticipated obligations and outlays for each
major acquisition project: Provided further, That such
acquisition reports shall rate on a relative scale the cost
risk, schedule risk, and technical risk associated with each
acquisition project and include a table detailing unobligated
balances to date and anticipated unobligated balances at the
close of the fiscal year and the close of the following
fiscal year should the Administration's pending budget
request for the acquisition, construction, and improvements
account be fully funded: Provided further, That such
acquisition reports shall also provide abbreviated
information on the status of shore facility construction and
renovation projects: Provided further, That all information
submitted in such mission hour emphasis and acquisition
reports shall be current as of the last day of the preceding
quarter.
Sec. 348. Of the funds made available in fiscal year 2003
in Section 1503 of Public Law 105-178, as amended,
$115,000,000 shall instead be available for the programs
authorized in Section 1101(a)(9) of such Act and $15,000,000
shall instead be made available for Section 1221 of such Act.
Sec. 349. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
$56,638,000, which limits fiscal year 2003 TASC obligational
authority for elements of the Department of Transportation
funded in this Act to no more than $75,141,000: Provided,
That such reductions from the budget request shall be
allocated by the Department of Transportation to each
appropriations account in proportion to the amount included
in each account for the Transportation Administrative Service
Center.
Sec. 350. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in Section
350 of Public Law 107-87.
Sec. 351. (a) Notwithstanding any other provision of law,
and subject to the requirements of this section, the
Secretary of Transportation is authorized to waive any of the
terms, conditions, reservations, and restrictions contained
in the deeds of conveyance and subsequent corrections to the
deeds of conveyance under which the United States conveyed
certain property to Gadsden, Alabama, for airport purposes.
(b) No waiver may be granted under subsection (a) if the
waiver would result in the closure of an airport.
(c) Any waiver granted by the Secretary of Transportation
under subsection (a) shall be subject to the following
conditions:
(1) Gadsden, Alabama, shall agree that in selling, leasing,
or conveying any interest in, the property for which waivers
are granted under subsection (a), the amount received by the
city shall be used by the city for the development,
improvement, operation, or maintenance of the Gadsden
Municipal Airport.
(2) The city will dedicate to the airport fund that
supports the Gadsden Municipal Airport an amount which is
equal to the fair lease value or the fair market value, as
the case may be, of the property for which waivers are
granted under subsection (a) unless any of the airport
property was the subject of a taking and condemnation by the
federal government.
Sec. 352. Section 1023(h) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 127 note;
Public Law 102-240) is amended--
(1) in the subsection heading, by inserting ``OVER-THE-ROAD
BUSES AND'' before ``PUBLIC''; and
(2) in paragraph (1), by striking ``to any vehicle which''
and inserting the following: ``to--
``(A) any over-the-road bus (as defined in section 301 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12181)); or
``(B) any vehicle that''.
Sec. 353. Notwithstanding any other provision of law, funds
made available for construction of roads and a bridge to
provide access to the Rose Bluff industrial area, Lake
Charles, Louisiana, under section 149(a)(87) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 194; 109 Stat. 607) and item 17 of the table
contained in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2038) shall
be made available for the project in Lake Charles, Louisiana,
consisting of--
(1) construction of Nelson Access Road to the Port of Lake
Charles as described in item 1596 of the table contained in
section 1602 of the Transportation Equity Act for the 21st
Century (112 Stat. 315);
(2) reconstruction of Cove Lane; and
(3) planning, design, and construction of Port Access Road.
Sec. 354. Section 342 of the Department of Transportation
and Related Agencies Appropriations Act, 2002, is amended by
striking ``Passenger only ferry to serve Kitsap and King
Counties to Seattle'' and inserting ``Ferry/tunnel project in
Bremerton, Washington''.
Sec. 355. Section 343 of the Department of Transportation
and Related Agencies Appropriations Act, 2002, is amended by
striking

[[Page S961]]

``Passenger only ferry to serve Kitsap and King Counties to
Seattle'' and inserting ``Ferry/tunnel project in Bremerton,
Washington''.
Sec. 356. In addition to amounts otherwise made available
by this Act, there is hereby appropriated $3,500,000, to
remain available until expended, to enable the Secretary to
maintain operations of the Midway Island airfield for a
period of not less than one year beyond the date at which the
U.S. Fish and Wildlife Service ceases said operations.
This division may be cited as the ``Department of
Transportation and Related Agencies Appropriations Act,
2003''.

DIVISION J--TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 2003

Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 2003,
and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 2003, and for other
purposes, namely:

TITLE I--DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

(including transfer of funds)

For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $3,500,000 for official travel
expenses; not to exceed $3,813,000, to remain available until
expended for information technology modernization
requirements; not to exceed $150,000 for official reception
and representation expenses; not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his
certificate, $191,887,000: Provided, That the Office of
Foreign Assets Control shall be funded at no less than
$21,206,000 and 120 full time equivalent positions: Provided
further, That of these amounts $2,900,000 is available for
grants to State and local law enforcement groups to help
fight money laundering: Provided further, That of these
amounts, $5,893,000 shall be for the Treasury-wide Financial
Statement Audit Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's
offices and bureaus to conduct audits: Provided further, That
this transfer authority shall be in addition to any other
provided in this Act.

Department-Wide Systems and Capital Investments Programs

(including transfer of funds)

For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $68,828,000, to remain available
until expended: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated shall be used to support or
supplement the Internal Revenue Service appropriations for
Information Systems or Business Systems Modernization.

Office of Inspector General

salaries and expenses

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses, including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury,
$35,424,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.

Treasury Inspector General for Tax Administration

salaries and expenses

For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed
150 for replacement only for police-type use) and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
not to exceed $6,000,000 for official travel expenses; and
not to exceed $500,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration,
$123,962,000.

Air Transportation Stabilization Program

For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public
Law 107-42), $6,041,000, to remain available until expended.

Treasury Building and Annex Repair and Restoration

For the repair, alteration, and improvement of the Treasury
Building and Annex, $30,932,000, to remain available until
expended.

Expanded Access to Financial Services

(including transfer of funds)

To develop and implement programs to expand access to
financial services for low- and moderate-income individuals,
$2,000,000, such funds to become available upon authorization
of this program as provided by law and to remain available
until expended: Provided, That of these funds, such sums as
may be necessary may be transferred to accounts of the
Department's offices, bureaus, and other organizations:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act.

Counterterrorism Fund

For necessary expenses, as determined by the Secretary,
$20,000,000, to remain available until expended, to reimburse
any Department of the Treasury organization for the costs of
providing support to counter, investigate, or prosecute
unexpected threats or acts of terrorism, including payment of
rewards in connection with these activities: Provided, That
use of such funds shall be subject to prior approval of the
Committees on Appropriations in accordance with guidelines
for reprogramming and transfer of funds.

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement, $50,517,000, of which not to exceed
$3,400,000 shall remain available until September 30, 2005;
and of which $8,338,000 shall remain available until
September 30, 2004: Provided, That funds appropriated in this
account may be used to procure personal services contracts.

Federal Law Enforcement Training Center

Salaries and Expenses

For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the
Treasury, including materials and support costs of Federal
law enforcement basic training; purchase (not to exceed 52
for police-type use, without regard to the general purchase
price limitation) and hire of passenger motor vehicles; for
expenses for student athletic and related activities;
uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards;
for public awareness and enhancing community support of law
enforcement training; not to exceed $11,500 for official
reception and representation expenses; room and board for
student interns; and services as authorized by 5 U.S.C. 3109,
$126,660,000, of which $650,000 shall be available for an
interagency effort to establish written standards on
accreditation of Federal law enforcement training; and of
which up to $24,266,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2005, and of which up to 20 percent of
the $24,266,000 also shall be available for travel, room and
board costs for participating agency basic training during
the first quarter of a fiscal year, subject to full
reimbursement by the benefitting agency: Provided, That the
Center is authorized to accept and use gifts of property,
both real and personal, and to accept services, for
authorized purposes, including funding of a gift of intrinsic
value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal
year, which shall be funded only by gifts received through
the Center's gift authority: Provided further, That the
Center is authorized to accept detailees from other Federal
agencies, on a non-reimbursable basis, to staff the
accreditation function: Provided further, That
notwithstanding any other provision of law, students
attending training at any Center site shall reside in on-
Center or Center-provided housing, insofar as available and
in accordance with Center policy: Provided further, That
funds appropriated in this account shall be available, at the
discretion of the Director, for the following: training
United States Postal Service law enforcement personnel and
Postal police officers; State and local government law
enforcement training on a space-available basis; training of
foreign law enforcement officials on a space-available basis
with reimbursement of actual costs to this appropriation,
except that reimbursement may be waived by the Secretary for
law enforcement training activities in foreign countries
undertaken pursuant to section 801 of the Antiterrorism and
Effective Death Penalty Act of 1996, (Public Law 104-32);
training of private sector security officials on a space-
available basis with reimbursement of actual costs to this
appropriation; and travel expenses of non-Federal personnel
to attend

[[Page S962]]

course development meetings and training sponsored by the
Center: Provided further, That the Center is authorized to
obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except
that total obligations at the end of the fiscal year shall
not exceed total budgetary resources available at the end of
the fiscal year: Provided further, That the Center is
authorized to provide training for the Gang Resistance
Education and Training program to Federal and non-Federal
personnel at any facility in partnership with the Bureau of
Alcohol, Tobacco and Firearms: Provided further, That the
Center is authorized to provide short-term medical services
for students undergoing training at the Center.

Acquisition, Construction, Improvements, and Related Expenses

For expansion of the Federal Law Enforcement Training
Center, for acquisition of necessary additional real property
and facilities, and for ongoing maintenance, facility
improvements, and related expenses, $32,029,000, to remain
available until expended.

Interagency Law Enforcement

interagency crime and drug enforcement

For expenses necessary to conduct investigations and
convict offenders involved in organized crime drug
trafficking, including cooperative efforts with State and
local law enforcement, as it relates to the Treasury
Department law enforcement violations such as money
laundering, violent crime, and smuggling, $107,576,000.

Financial Management Service

salaries and expenses

For necessary expenses of the Financial Management Service,
$220,664,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2005, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.

Bureau of Alcohol, Tobacco and Firearms

Salaries and Expenses

For necessary expenses of the Bureau of Alcohol, Tobacco
and Firearms, including purchase of not to exceed 822
vehicles for police-type use, of which 650 shall be for
replacement only, and hire of passenger motor vehicles; hire
of aircraft; services of expert witnesses at such rates as
may be determined by the Director; for payment of per diem
and/or subsistence allowances to employees where a major
investigative assignment requires an employee to work 16
hours or more per day or to remain overnight at his or her
post of duty; not to exceed $20,000 for official reception
and representation expenses; for training of State and local
law enforcement agencies with or without reimbursement,
including training in connection with the training and
acquisition of canines for explosives and fire accelerants
detection; not to exceed $50,000 for cooperative research and
development programs for Laboratory Services and Fire
Research Center activities; and provision of laboratory
assistance to State and local agencies, with or without
reimbursement, $888,430,000, of which not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by 18 U.S.C. 924(d)(2); of which up to
$2,000,000 shall be available for the equipping of any
vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if
the conveyance will be used in joint law enforcement
operations with the Bureau of Alcohol, Tobacco and Firearms
and for the payment of overtime salaries including Social
Security and Medicare, travel, fuel, training, equipment,
supplies, and other similar costs of State and local law
enforcement personnel, including sworn officers and support
personnel, that are incurred in joint operations with the
Bureau of Alcohol, Tobacco and Firearms; of which
$13,000,000, to remain available until expended, shall be
available for disbursements through grants, cooperative
agreements or contracts to local governments for Gang
Resistance Education and Training; and of which $3,200,000
for a new headquarters shall remain available until September
30, 2004: Provided, That no funds appropriated herein shall
be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of the Treasury, the records, or any portion
thereof, of acquisition and disposition of firearms
maintained by Federal firearms licensees: Provided further,
That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or
employee of the United States to implement an amendment or
amendments to 27 CFR 178.118 or to change the definition of
``Curios or relics'' in 27 CFR 178.11 or remove any item from
ATF Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under 18 U.S.C. 925(c): Provided further, That no funds under
this Act may be used to electronically retrieve information
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any
personal identification code.

United States Customs Service

Salaries and Expenses

For necessary expenses of the United States Customs
Service, including purchase and lease of up to 1,500 motor
vehicles of which 550 are for replacement only and of which
1,465 are for police-type use and commercial operations; hire
of motor vehicles; contracting with individuals for personal
services abroad; not to exceed $40,000 for official reception
and representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United
States Customs Service, $2,501,488,000, of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended (19 U.S.C.
58c(f)(3)), shall be derived from that Account; of the total,
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; not
to exceed $4,000,000 shall be available until expended for
research; not less than $100,000 shall be available to
promote public awareness of the child pornography tipline;
not less than $200,000 shall be available for Project Alert;
not to exceed $5,000,000 shall be available until expended
for conducting special operations pursuant to 19 U.S.C. 2081;
not to exceed $8,000,000 shall be available until expended
for the procurement of automation infrastructure items,
including hardware, software, and installation; and not to
exceed $5,000,000 shall be available until expended for
repairs to Customs facilities: Provided, That of the total
amount of funds made available for forced child labor
activities in fiscal year 2003, not to exceed $5,000,000
shall remain available until expended for operations and
support of such activities: Provided further, That uniforms
may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That notwithstanding any other provision of law, the fiscal
year aggregate overtime limitation prescribed in subsection
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and
267) shall be $30,000.

HARBOR MAINTENANCE FEE COLLECTION

(Including Transfer of funds)

For administrative expenses related to the collection of
the Harbor Maintenance Fee, pursuant to Public Law 103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust
Fund and to be transferred to and merged with the Customs
``Salaries and Expenses'' account for such purposes.

operation, maintenance and procurement, air and marine interdiction
programs

For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and
other related equipment of the Air and Marine Programs,
including operational training and mission-related travel,
and rental payments for facilities occupied by the air or
marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to
Customs and other Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Customs
Service; and, at the discretion of the Commissioner of
Customs, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency
humanitarian efforts, $177,829,000, which shall remain
available until expended: Provided, That no aircraft or other
related equipment, with the exception of aircraft which is
one of a kind and has been identified as excess to Customs
requirements and aircraft which has been damaged beyond
repair, shall be transferred to any other Federal agency,
department, or office outside of the Department of the
Treasury, during fiscal year 2003 without the prior approval
of the Committees on Appropriations.

automation modernization

For expenses not otherwise provided for Customs automated
systems, $435,332,000, to remain available until expended, of
which not less than $312,900,000 shall be for the development
of the Automated Commercial Environment: Provided, That none
of the funds appropriated under this heading may be obligated
for the Automated Commercial Environment until the United
States Customs Service prepares and submits to the Committees
on Appropriations a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
OMB Circular A-11, part 3; (2) complies with the United
States Customs Service's Enterprise Information Systems
Architecture; (3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government; (4) is reviewed and
approved by the Customs Investment Review Board, the
Department of the Treasury, and the Office of Management and
Budget; and (5) is reviewed by the General Accounting Office:
Provided further, That none of the funds appropriated under
this heading may be obligated for the Automated Commercial
Environment until such expenditure plan has been approved by
the Committees on Appropriations.

United States Mint

united states mint public enterprise fund

Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective

[[Page S963]]

services, including both operating expenses and capital
investments. The aggregate amount of new liabilities and
obligations incurred during fiscal year 2003 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not
exceed $34,900,000.

Bureau of the Public Debt

administering the public debt

For necessary expenses connected with any public-debt
issues of the United States, $195,473,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed
$2,000,000 shall remain available until expended for systems
modernization: Provided, That the sum appropriated herein
from the General Fund for fiscal year 2003 shall be reduced
by not more than $4,400,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2003
appropriation from the General Fund estimated at
$191,073,000. In addition, $40,000 to be derived from the Oil
Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of
Public Law 101-380.

Internal Revenue Service

Processing, Assistance, and Management

For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$3,955,777,000, of which up to $3,950,000 shall be for the
Tax Counseling for the Elderly Program, of which $7,000,000
shall be available for low-income taxpayer clinic grants, and
of which not to exceed $25,000 shall be for official
reception and representation expenses.

tax law enforcement

For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; compiling statistics
of income and conducting compliance research; purchase (for
police-type use, not to exceed 850) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services as
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,729,072,000, of which not
to exceed $1,000,000 shall remain available until September
30, 2005, for research, and of which $60,000,000 shall be
used to combat abusive tax shelters.

earned income tax credit compliance initiative

For funding essential earned income tax credit compliance
and error reduction initiatives, $146,000,000, of which not
to exceed $10,000,000 may be used to reimburse the Social
Security Administration for the costs of implementing section
1090 of the Taxpayer Relief Act of 1997.

Information Systems

For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$1,632,444,000, which shall remain available until September
30, 2004.

business systems modernization

For necessary expenses of the Internal Revenue Service,
$436,000,000, to remain available until September 30, 2005,
for the capital asset acquisition of information technology
systems, including management and related contractual costs
of said acquisitions, including contractual costs associated
with operations authorized by 5 U.S.C. 3109: Provided, That
none of these funds may be obligated until the Internal
Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11 part 3; (2) complies with the
Internal Revenue Service's enterprise architecture, including
the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5)
has been reviewed by the General Accounting Office; and (6)
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.

Administrative Provisions--Internal Revenue Service

Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line
service.

United States Secret Service

salaries and expenses

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 610 vehicles for police-
type use for replacement only, and hire of passenger motor
vehicles; purchase of American-made side-car compatible
motorcycles; hire of aircraft; training and assistance
requested by State and local governments, which may be
provided without reimbursement; services of expert witnesses
at such rates as may be determined by the Director; rental of
buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other
property not in Government ownership or control, as may be
necessary to perform protective functions; for payment of per
diem and/or subsistence allowances to employees where a
protective assignment during the actual day or days of the
visit of a protectee require an employee to work 16 hours per
day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches;
presentation of awards; for travel of Secret Service
employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if
approval is obtained in advance from the Committees on
Appropriations; for research and development; for making
grants to conduct behavioral research in support of
protective research and operations; not to exceed $25,000 for
official reception and representation expenses; not to exceed
$100,000 to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit
investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective
functions; and for uniforms without regard to the general
purchase price limitation for the current fiscal year,
$1,010,817,000, of which $1,633,000 shall be available for
forensic and related support of investigations of missing and
exploited children, and of which $3,749,000 shall be
available as a grant for activities related to the
investigations of exploited children and shall remain
available until expended: Provided, That up to $18,000,000
provided for protective travel shall remain available until
September 30, 2004.

acquisition, construction, improvements, and related expenses

For necessary expenses of construction, repair, alteration,
and improvement of facilities, $3,519,000, to remain
available until expended.

General Provisions--Department of the Treasury

Sec. 110. Any obligation or expenditure by the Secretary of
the Treasury in connection with law enforcement activities of
a Federal agency or a Department of the Treasury law
enforcement organization in accordance with 31 U.S.C.
9703(g)(4)(B) from unobligated balances remaining in the Fund
on September 30, 2003, shall be made in compliance with
reprogramming guidelines.
Sec. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol,
Tobacco and Firearms for fiscal year 2003 in this Act for the
enforcement of the Federal Alcohol Administration Act shall
be expended in a manner so as not to diminish enforcement
efforts with respect to section 105 of the Federal Alcohol
Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in
this Act made available to the Federal Law Enforcement
Training Center, Financial Crimes Enforcement Network, Bureau
of Alcohol, Tobacco and Firearms, United States Customs
Service, Interagency Crime and Drug Enforcement, and United
States Secret Service may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriations in
this Act made available to

[[Page S964]]

the Departmental Offices--Salaries and Expenses, Office of
Inspector General, Treasury Inspector General for Tax
Administration, Financial Management Service, and Bureau of
the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations. No transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 116. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 117. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds
from ``Salaries and Expenses'', Financial Management Service,
to the Debt Services Account as necessary to cover the costs
of debt collection: Provided, That such amounts shall be
reimbursed to such Salaries and Expenses account from debt
collections received in the Debt Services Account.
Sec. 119. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``4 years'' and
inserting ``5 years''.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
advance notification of the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 121. None of the funds appropriated or made available
by this Act may be used for the production of Customs
Declarations that do not inquire whether the passenger had
been in the proximity of livestock.
Sec. 122. The Federal Law Enforcement Training Center is
directed to establish an accrediting body that will include
representatives from the Federal law enforcement community,
as well as non-Federal accreditation experts involved in law
enforcement training. The purpose of this body will be to
establish standards for measuring and assessing the quality
and effectiveness of Federal law enforcement training
programs, facilities, and instructors.
Sec. 123. The Treasury Department Appropriations Act, 1997
(as contained in section 101(f) of Division A of Public Law
104-208), under the heading ``Treasury Franchise Fund'', as
amended by section 120 of the Treasury Department
Appropriations Act, 2001 (enacted pursuant to section 1(a)(3)
of Public Law 106-554), is further amended by striking
``until October 1, 2002''.
Sec. 124. License Procedures for Office of Foreign Assets
Control. Notwithstanding any other provision of law, none of
the funds appropriated to ``Departmental Offices, Salaries
and Expenses'' for use by the Office of Foreign Assets
Control may be expended until the Office has in place with
respect to the administration of licenses for travel the
following procedures:
(1) All applications for licenses pertaining to travel-
related transactions submitted to the Office of Foreign
Assets Control shall be considered approved if not resolved
within 90 calendar days after receipt of the completed
license application.
(2) Whenever the Office decides to deny a license
application pertaining to travel-related transactions, the
Office shall notify the applicant in writing. The
notification will include:
(A) The statutory and regulatory basis for the denial;
(B) To the extent consistent with the national security of
the United States, the specific considerations that led to
the decision to deny the license application and;
(C) The name, phone number, and e-mail address of the
Office representative in a position to discuss the issues
with the applicant.
(3) The above-outlined procedures shall be effective 120
days from the date of enactment.
Sec. 125. (a) The Commissioner of Customs, in consultation
with the Canadian Customs and Revenue Agency (CCRA), shall
seek to establish Integrated Border Inspection Areas (IBIAs)
on either side of the United States-Canada border in which
United States Customs officers can inspect vehicles entering
the United States from Canada before they enter the United
States, or Canadian customs officers can inspect vehicles
entering Canada from the United States before they enter
Canada.
(b) Using the authority granted under section 629(a) of the
Tariff Act of 1930, the Commissioner of Customs, in
consultation with the CCRA, shall endeavor to--
(1) locate IBIAs in an area with bridges or tunnels with
high traffic volume, significant commercial activity, and
that have experienced backups and delays since September 11,
2001;
(2) ensure that United States Customs officers stationed in
any IBIA on the Canadian side of the border are vested with
the maximum authority to carry out their duties and enforce
United States law; and
(3) encourage appropriate officials of the United States to
enter into an agreement with Canada permitting Canadian
customs officers stationed in any IBIA on the United States
side of the border to exercise the authority to enforce
Canadian law as permitted by Canada.
(c) United States Customs officers stationed in an IBIA, on
the Canadian side of the border, shall be afforded the same
privileges and immunities for the performance of their duties
as they would enjoy if they were stationed in the United
States. Canadian customs officers stationed in an IBIA on the
United States side of the border, shall be afforded the same
privileges and immunities for the performance of their duties
as they would enjoy if they were stationed in Canada.
Sec. 126. Amendment to John C. Stennis Center for Public
Service Training and Development Act.--For fiscal year 2003
and thereafter, section 116 of the John C. Stennis Center for
Public Service Training and Development Act (2 U.S.C. 1105)
is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Investment of Fund Assets.--
``(1) At the request of the Center, it shall be the duty of
the Secretary of the Treasury to invest in full the amounts
appropriated to the fund. Such investments may be made only
in interest-bearing obligations of the United States issued
directly to the fund.
``(2) The purposes for which obligations of the United
States may be issued under chapter 31 of Title 31 are hereby
extended to authorize the issuance at par of special
obligations directly to the fund. Such special obligations
shall bear interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month next
preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then
forming a part of the public debt; except that where such
average rate is not a multiple of one-eighth of 1 per centum,
the rate of interest of such special obligations shall be the
multiple of one-eighth of 1 per centum next lower than such
average rate. All requests of the Center to the Secretary of
the Treasury provided for in this section shall be binding
upon the Secretary.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Authority to Sell Obligations.--At the request of the
Center, the Secretary of the Treasury shall redeem any
obligation issued directly to the fund. Obligations issued to
the fund under subsection (b)(2) shall be redeemed at par
plus accrued interest. Any other obligations issued directly
to the fund shall be redeemed at the market price.''.
Sec. 127. Amendment to James Madison Memorial Fellowship
Act.--For fiscal year 2003 and thereafter, section 811 of the
James Madison Memorial Fellowship Act (20 U.S.C. 4510) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Investment of Amounts Appropriated.--
``(1) At the request of the Trust Fund, it shall be the
duty of the Secretary of the Treasury to invest in full the
amounts appropriated and contributed to the fund. Such
investments may be made only in interest-bearing obligations
of the United States issued directly to the fund.
``(2) The purposes for which obligations of the United
States may be issued under chapter 31 of Title 31 are hereby
extended to authorize the issuance at par of special
obligations directly to the fund. Such special obligations
shall bear interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month next
preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then
forming a part of the public debt; except that where such
average rate is not a multiple of one-eighth of 1 per centum,
the rate of interest of such special obligations shall be the
multiple of one-eighth of 1 per centum next lower than such
average rate. All requests of the Trust Fund to the Secretary
of the Treasury provided for in this section shall be binding
upon the Secretary.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Sale of Obligations Acquired by Fund.--At the request
of the Trust Fund, the Secretary of the Treasury shall redeem
any obligation issued directly to the fund. Obligations
issued to the fund under subsection (b)(2) shall be redeemed
at par plus accrued interest. Any other obligations issued
directly to the fund shall be redeemed at the market
price.''.
Sec. 128. Until such time as the Secretary of the Treasury
determines that there are no alcohol excise taxes levied by
Puerto Rico that discriminate against brewers and distillers
that are not located in Puerto Rico, none of the funds made
available by this or any other Act may be used to implement
or administer transfers into the Treasury of Puerto Rico
under section 7652 of the Internal Revenue Code of 1986 in
connection with rum. In the event that the Secretary makes
such a determination, amounts not transferred on account of
this section may be transferred or credited later, with
retroactive effect.

[[Page S965]]

This title may be cited as the ``Treasury Department
Appropriations Act, 2003''.

TITLE II--POSTAL SERVICE

Payment to the Postal Service Fund

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$60,014,000, of which $31,014,000 shall not be available for
obligation until October 1, 2003: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year
2003.
This title may be cited as the ``Postal Service
Appropriations Act, 2003''.

TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT

Compensation of the President and the White House Office

compensation of the president

For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code: Provided further, That none of the funds made available
for official expenses shall be considered as taxable to the
President.

salaries and expenses

For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President, $59,735,000: Provided, That
$8,650,000 of the funds appropriated shall be available for
reimbursements to the White House Communications Agency.

Office of Homeland Security

SALARIES AND EXPENSES

For necessary expenses of the Office of Homeland Security,
pursuant to Executive Order 13288, $24,844,000.

Executive Residence at the White House

operating expenses

For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $12,228,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.

reimbursable expenses

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each
such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.

White House Repair and Restoration

For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,200,000, to remain
available until expended, for required maintenance, safety
and health issues, and continued preventative maintenance.

Special Assistance to the President and the Official Residence of the
Vice President

salaries and expenses

For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,066,000.

Operating Expenses

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, heating
and lighting, including electric power and fixtures, of the
official residence of the Vice President; the hire of
passenger motor vehicles; and not to exceed $90,000 for
official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $324,000: Provided,
That advances or repayments or transfers from this
appropriation may be made to any department or agency for
expenses of carrying out such activities.

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisors
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021), $4,405,000.

Office of Policy Development

salaries and expenses

For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $4,221,000.

National Security Council

salaries and expenses

For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$9,525,000.

Office of Administration

salaries and expenses

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$70,128,000, of which $16,775,000 shall remain available
until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure
within the Executive Office of the President: Provided, That
the Executive Office of the President shall submit a report
to the Committees on Appropriations that: (1) includes an
Enterprise Architecture, as defined in OMB Circular A-130 and
the Federal Chief Information Officers Council guidance; (2)
presents an Information Technology (IT) Human Capital Plan,
to include an inventory of current IT workforce knowledge and
skills, a definition of needed IT knowledge and skills, a gap
analysis of any shortfalls, and a plan for addressing any
shortfalls; (3) presents a capital investment plan for
implementing the Enterprise Architecture; (4) includes a
description of the IT capital planning and investment control
process; and (5) is reviewed and approved by the Office of
Management and Budget, is reviewed by the General Accounting
Office, and is approved by the Committees on Appropriations.

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, $70,752,000, of
which not to exceed $5,000,000 shall be available to carry
out the provisions of chapter 35 of title 44, United States
Code, and of which not to exceed $3,000 shall be available
for official representation expenses: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made except as otherwise provided by law: Provided further,
That none of the funds appropriated in this Act for the
Office of Management and Budget may be used for the purpose
of reviewing any

[[Page S966]]

agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for
the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or the Committees on Veterans' Affairs or
their subcommittees: Provided further, That the preceding
shall not apply to printed hearings released by the
Committees on Appropriations or the Committees on Veterans'
Affairs.

Office of National Drug Control Policy

salaries and expenses

(including transfer of funds)

For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $26,456,000, of which $2,350,000 shall
remain available until expended, consisting of $1,350,000 for
policy research and evaluation, and $1,000,000 for the
National Alliance for Model State Drug Laws: Provided, That
the Office is authorized to accept, hold, administer, and
utilize gifts, both real and personal, public and private,
without fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.

counterdrug technology assessment center

(including transfer of funds)

For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $40,000,000, which shall
remain available until expended, consisting of $18,000,000
for counternarcotics research and development projects, and
$22,000,000 for the continued operation of the technology
transfer program: Provided, That the $18,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.

Federal Drug Control Programs

high intensity drug trafficking areas program

(including transfer of funds)

For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $226,350,000, for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which no less than 51
percent shall be transferred to State and local entities for
drug control activities, which shall be obligated within 120
days of the date of the enactment of this Act: Provided, That
up to 49 percent, to remain available until September 30,
2004, may be transferred to Federal agencies and departments
at a rate to be determined by the Director, of which not less
than $2,100,000 shall be used for auditing services and
associated activities, and at least $500,000 of the
$2,100,000 shall be used to develop and implement a data
collection system to measure the performance of the High
Intensity Drug Trafficking Areas Program: Provided further,
That High Intensity Drug Trafficking Areas Programs
designated as of September 30, 2002, shall be funded at no
less than the fiscal year 2002 budget request levels unless
the Director submits to the Committees on Appropriations, and
the Committees approve, justification for changes in those
levels based on clearly articulated priorities for the High
Intensity Drug Trafficking Areas Programs, as well as
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That no funds of
an amount in excess of the fiscal year 2003 budget request
shall be obligated prior to the approval of the Committee on
Appropriations: Provided further, That none of the funds made
available in this Act or any other Act may be expended or
obligated for the continued or future operation of a regional
office with authority over more than one of the California,
Arizona, New Mexico, or Texas partnerships without the
consent of each of the affected partnerships.

Special Forfeiture Fund

(including transfer of funds)

For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $172,700,000, to remain available until
expended, of which the following amounts are available as
follows: $100,000,000 to support a national media campaign,
as authorized by the Drug-Free Media Campaign Act of 1998;
$60,000,000 to continue a program of matching grants to drug-
free communities, of which $2,000,000 shall be a directed
grant to the Community Anti-Drug Coalitions of America for
the National Community Anti-Drug Coalition Institute, as
authorized in chapter 2 of the National Narcotics Leadership
Act of 1988, as amended; $3,000,000 for the Counterdrug
Intelligence Executive Secretariat; $2,000,000 for
evaluations and research related to National Drug Control
Program performance measures; $1,000,000 for the National
Drug Court Institute; $5,900,000 for the United States Anti-
Doping Agency for anti-doping activities; and $800,000 for
the United States membership dues to the World Anti-Doping
Agency: Provided, That such funds may be transferred to other
Federal departments and agencies to carry out such
activities.

Unanticipated Needs

For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
This title may be cited as the ``Executive Office
Appropriations Act, 2003''.

TITLE IV--INDEPENDENT AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $4,629,000.

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$45,244,000, of which not to exceed $5,000 shall be available
for reception and representation expenses.

Federal Labor Relations Authority

salaries and expenses

For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the
District of Columbia and elsewhere, $28,677,000: Provided,
That public members of the Federal Service Impasses Panel may
be paid travel expenses and per diem in lieu of subsistence
as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.

General Services Administration

Real Property Activities

Federal Buildings Fund

limitations on availability of revenue

(including transfer of funds)

For an additional amount to be deposited in, and to be used
for the purposes of, the Fund established pursuant to section
210(f) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 490(f)), $363,299,000. The
revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment,
allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding
of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition
of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning
and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations
for public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $6,926,833,000,
of which: (1) $631,663,000 shall remain available until
expended for construction (including funds for sites and
expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Arkansas:
Little Rock, United States Courthouse Annex, $77,154,000
California:
San Diego, United States Courthouse Annex, $23,901,000
District of Columbia:
Washington, Southeast Federal Center Site Remediation,
$8,972,000
Florida:
Fort Pierce, United States Courthouse, $2,744,000
Iowa:
Cedar Rapids, United States Courthouse, $5,167,000
Maine:
Jackman, Border Station, $9,194,000
Maryland:
Montgomery County, FDA consolidation, $25,500,000
Suitland, National Oceanic and Atmospheric Administration
II, $9,461,000

[[Page S967]]

Suitland, United States Census Bureau, $176,919,000
Mississippi:
Jackson, United States Courthouse, $7,276,000
Missouri:
Cape Girardeau, United States Courthouse, $49,300,000
Montana:
Raymond, Border Station, $7,753,000
New York:
Brooklyn, United States Courthouse Annex--GPO, $39,500,000
Massena, Border Station, $1,646,000
New York, United States Mission to the United Nations,
$57,053,000
North Dakota:
Portal, Border Station, $2,201,000
Oregon:
Eugene, United States Courthouse, $77,374,000
Tennessee:
Nashville, United States Courthouse, $7,095,000
Texas:
Austin, United States Courthouse, $13,809,000
Utah:
Salt Lake City, United States Courthouse, $11,807,000
Washington:
Oroville, Border Station, $6,572,000
Nationwide:
Judgment Fund Repayment, $3,012,000
Nonprospectus Construction, $8,253,000:
Provided, That funding for any project identified above may
be exceeded to the extent that savings are effected in other
such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
all funds for direct construction projects shall expire on
September 30, 2004, and remain in the Federal Buildings Fund
except for funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to
such date; (2) $997,839,000 shall remain available until
expended for repairs and alterations which includes
associated design and construction services: Provided
further, That funds in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be limited to
the amount by project, as follows, except each project may be
increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on
Appropriations of a greater amount:
Repairs and Alterations:
California:
Los Angeles, Federal Building, 300 North Los Angeles
Street, $93,166,000
San Francisco, Appraisers Building, $20,283,000
Tecate, Tecate United States Border Station, $5,709,000
Colorado:
Denver, Byron G. Rogers Federal Building and Courthouse,
$9,000,000
Connecticut:
New Haven, Robert N. Gaimo Federal Building, $18,507,000
District of Columbia:
Federal Office Building 10A Garage, $5,454,000
Harry S Truman Building (State), $29,443,000
Illinois:
Chicago, United States Custom House, $9,000,000
Iowa:
Davenport, Federal Building and United States Courthouse,
$12,586,000
Maryland:
Baltimore, Metro West, $6,162,000
Woodlawn, Operations Building, $96,905,000
Massachusetts:
Boston, John F. Kennedy Federal Building Plaza, $3,271,000
Missouri:
Kansas City, Bannister Federal Complex, Building 1,
$16,130,000
Kansas City, Bannister Federal Complex, Building 2,
$3,148,000
New Hampshire:
Manchester, Norris Cotton Federal Building, $17,668,000
Portsmouth, Thomas J. McIntyre Federal Building,
$11,149,000
New York:
New York, Jacob K. Javits Federal Building, $7,568,000
Ohio:
Cleveland, Howard M. Metzenbaum United States Courthouse,
$15,212,000
Pennsylvania:
Pittsburgh, United States Post Office and Courthouse,
$2,810,000
Pittsburgh, William S. Moorhead Federal Building,
$68,793,000
Texas:
Dallas, Earle Cabell Federal Building--Courthouse and Santa
Fe Federal Building, $16,394,000
Fort Worth, Fritz Garland Lanham Federal Building,
$15,249,000
Washington:
Seattle, Henry M. Jackson Federal Building, $26,832,000
Nationwide:
Chlorofluorocarbons Program, $8,000,000
Design Program, $52,527,000
Elevator Program, $21,533,000
Energy Program, $8,000,000
Glass Fragmentation Program, $20,000,000
Terrorism, $10,000,000
Basic Repairs and Alterations, $367,340,000:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2004, and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $178,960,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $3,153,211,000 for rental of space which shall
remain available until expended; and (5) $1,965,160,000 for
building operations which shall remain available until
expended: Provided further, That funds available to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary
to provide reimbursable special services to other agencies
under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
490(f)(6)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2003, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)(6)) in excess of $6,926,833,000 shall remain in the
Fund and shall not be available for expenditure except as
authorized in appropriations Acts.

general activities

policy and citizen services

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; providing citizens with
Internet access to Federal information and services; and
services as authorized by 5 U.S.C. 3109, $65,995,000.

operating expenses

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; telecommunications, information technology
management, and related technology activities; agency-wide
policy direction and management, and Board of Contract
Appeals; accounting, records management, and other support
services incident to adjudication of Indian Tribal Claims by
the United States Court of Federal Claims; services as
authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $94,640,000,
of which $23,899,000 shall remain available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $37,617,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.

electronic government fund

(including transfer of funds)

For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods,

[[Page S968]]

$5,000,000, to remain available until expended: Provided,
That these funds may be transferred to Federal agencies to
carry out the purposes of the Fund: Provided further, That
this transfer authority shall be in addition to any other
transfer authority provided in this Act: Provided further,
That such transfers may not be made until 10 days after a
proposed spending plan and justification for each project to
be undertaken has been submitted to the Committees on
Appropriations.

allowances and office staff for former presidents

(including transfer of funds)

For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$3,339,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.

General Services Administration--General Provisions

Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 2003 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2004 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved
by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management
and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal
year 2004 request must be accompanied by a standardized
courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by
the Information Technology Fund, General Services
Administration, under section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 757) and
sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996
(40 U.S.C. 1424(b) and 1428), for performance of pilot
information technology projects which have potential for
Government-wide benefits and savings, may be repaid to this
Fund from any savings actually incurred by these projects or
other funding, to the extent feasible.
Sec. 407. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$2,000,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 408. Designation of the Judge Dan M. Russell, Jr.
Federal Building and United States Courthouse. (a) The
Federal building and United States courthouse located at 2015
15th Street in Gulfport, Mississippi, shall be known and
designated as the ``Judge Dan M. Russell, Jr. Federal
Building and United States Courthouse''.
(b) Any reference in law, map, regulation, document, paper,
or other record of the United States to the Federal building
and United States courthouse referred to in subsection (a)
shall be deemed to be a reference to the ``Judge Dan M.
Russell, Jr. Federal Building and United States Courthouse''.
Sec. 409. Designation. (a) The United States courthouse
located at 100 Federal Plaza in Central Islip, New York,
shall be known and designated as the ``Alfonse M. D'Amato
United States Courthouse''.
(b) Any reference in law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in subsection (a) shall be deemed to
be a reference to the ``Alfonse M. D'Amato United States
Courthouse''.
Sec. 410. Designation of Cesar E. Chavez Memorial Building.
(a) The building known as the Colonnade Center, located at
1244 Speer Boulevard, Denver, Colorado, shall be known and
designated as the ``Cesar E. Chavez Memorial Building''.
(b) Any reference in law, map, regulation, document, paper,
or other record of the United States to the building referred
to in subsection (a) shall be deemed to be a reference to the
``Cesar E. Chavez Memorial Building''.
Sec. 411. For gross obligations for the principal amount of
a direct loan as defined by Section 502 of the Congressional
Budget Act of 1974, not to exceed $250,000, to be available
from amounts transferred by Treasury to the ``Disposal of
surplus real and related personal property'' account of the
General Services Administration.
Sec. 412. Designation of Richard Sheppard Arnold United
States Courthouse. (a) The United States courthouse located
at 600 West Capitol Avenue in Little Rock, Arkansas, and any
addition to the courthouse that may hereafter be constructed,
shall be known and designated as the ``Richard Sheppard
Arnold United States Courthouse''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States courthouse
referred to in subsection (a) shall be deemed to be a
reference to the ``Richard Sheppard Arnold United States
Courthouse''.
Sec. 413. (a) Notwithstanding any other provision of law,
the Administrator of General Services is authorized to
acquire, by purchase, condemnation, or otherwise, the
properties known as 26 West Market Street, 30 West Market
Street, 39 West Market Street, and 40 West Market Street in
Salt Lake City, Utah. In so acquiring, the Administrator
shall comply with applicable environmental and historical
preservation statutes. This authority is in addition to the
authority of the Administrator to acquire any sites necessary
for construction of the new United States Courthouse in Salt
Lake City, Utah.
(b) In addition, the Administrator is authorized to
relocate the historical building currently located at 39 West
Market Street, Salt Lake City, Utah, to the parcels known as
26, 30, and 40 West Market Street, Salt Lake City, Utah, and
after the relocation the Administrator is authorized to sell
by auction, or upon such other terms and conditions as the
Administrator deems proper, the properties known as 26, 30,
and 40 West Market Street. All proceeds from such sale shall
be deposited into the fund established under section 592 of
title 40, United States Code, and shall not be available for
obligation until authorized by a future appropriations Act.
(c) Funds made available in previous appropriations Acts
for site, design and construction of a new Courthouse in Salt
Lake City, as well as funds that may be made available for
such project in fiscal year 2003 appropriations Acts, may be
used to carry out the purposes of subsections (a) and (b).

Merit Systems Protection Board

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $31,788,000 together with not to exceed
$2,594,000 for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.

Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation

federal payment to morris k. udall scholarship and excellence in
national environmental policy trust fund

For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain
available until expended: Provided, That up to 60 percent of
such funds may be transferred by the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations
Institute.

environmental dispute resolution fund

For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $1,309,000, to remain
available until expended.

National Archives and Records Administration

operating expenses

For necessary expenses in connection with the
administration of the National Archives (including the
Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for
expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles,
$249,731,000: Provided, That the Archivist of the United
States is authorized to use any excess funds available from
the amount borrowed for construction of the National Archives
facility, for expenses necessary to provide adequate storage
for holdings.

repairs and restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$14,208,000, to remain available until expended, of which
$1,250,000 is for the Military Personnel Records Center
preliminary design studies,

[[Page S969]]

$3,250,000 is for repairs to the Lyndon Baines Johnson
Presidential Library Plaza, and $3,750,000 is for locating,
purchasing, and other related site location expenses for the
site of a new regional archives facility to be constructed in
Anchorage, Alaska.

National Historical Publications and Records Commission

grants program

For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $7,000,000, to remain available
until expended.

Office of Government Ethics

salaries and expenses

For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses,
$10,486,000.

Office of Personnel Management

salaries and expenses

(including transfer of trust funds)

For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight
at his or her post of duty, $128,736,000, of which
$24,000,000 shall remain available until expended for the
cost of the Government-wide human resources data network
project, and $2,500,000 shall remain available until expended
for the cost of leading the government-wide initiative to
modernize the Federal payroll systems and service delivery;
and in addition $120,791,000 for administrative expenses, to
be transferred from the appropriate trust funds of the Office
of Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the
retirement and insurance programs, of which $27,640,000 shall
remain available until expended for the cost of automating
the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A)
of title 5, United States Code: Provided further, That no
part of this appropriation shall be available for salaries
and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission on
White House Fellows, established by Executive Order No. 11183
of October 3, 1964, may, during fiscal year 2003, accept
donations of money, property, and personal services in
connection with the development of a publicity brochure to
provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.

office of inspector general

salaries and expenses

(including transfer of trust funds)

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,498,000, and in
addition, not to exceed $10,766,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.

government payment for annuitants, employees health benefits

For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.

government payment for annuitants, employee life insurance

For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.

payment to civil service retirement and disability fund

For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, as
amended, and the Act of August 19, 1950, as amended (33
U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 103-424, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $12,434,000.

United States Tax Court

Salaries and Expenses

For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $37,305,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.

White House Commission on the National Moment of Remembrance

For necessary expenses of the White House Commission on the
National Moment of Remembrance, as authorized by Public Law
106-579, $250,000.
This title may be cited as the ``Independent Agencies
Appropriations Act, 2003''.

TITLE V--GENERAL PROVISIONS

This Act

Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 503. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 504. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 505. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of the Buy American Act (41 U.S.C.
10a-10c).
Sec. 506. (a) Purchase of American-Made Equipment and
Products.--In the case of any equipment or products that may
be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of the
Treasury shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2003 from appropriations
made available for salaries and expenses for fiscal year 2003
in this Act, shall remain available through September 30,
2004, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.

[[Page S970]]

Sec. 509. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 510. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 511. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 512. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 513. None of the funds provided in this Act may be
used to procure any products, articles, goods, or wares
mined, manufactured, or produced wholly or in part by forced
or indentured child labor as identified in the 1995 U.S.
Department of Labor Report on Forced and Bonded Child Labor,
the 2002 U.S. Department of Labor Findings on the Worst Forms
of Child Labor, or the most recent U.S. Department of State
Human Rights Country Reports.
Sec. 514. Endowment for Presidential Libraries. Section
2112(g) of title 44, United States Code, is amended by adding
at the end the following:
``(5)(A) Notwithstanding paragraphs (3) and (4) (to the
extent that such paragraphs are inconsistent with this
paragraph), this subsection shall be administered in
accordance with this paragraph with respect to any
Presidential archival depository created as a depository for
the papers, documents, and other historical materials and
Presidential records pertaining to any President who takes
the oath of office as President for the first time on or
after July 1, 2002.
``(B) For purposes of subparagraphs (A)(ii), (B)(i)(II),
and (B)(ii)(II) of paragraph (3) the percentage of 40 percent
shall apply instead of 20 percent.
``(C)(i) In this subparagraph, the term `base endowment
amount' means the amount of the endowment required under
paragraph (3).
``(ii)(I) The Archivist may give credits against the base
endowment amount if the Archivist determines that the
proposed Presidential archival depository will have
construction features or equipment that are expected to
result in quantifiable long-term savings to the Government
with respect to the cost of facility operations.
``(II) The features and equipment described under subclause
(I) shall comply with the standards promulgated by the
Archivist under subsection (a)(2).
``(III) The Archivist shall promulgate standards to be used
in calculating the dollar amount of any credit to be given,
and shall consult with all donors of the endowment before
giving any credits. The total dollar amount of credits given
under this paragraph may not exceed 20 percent of the base
endowment amount.
``(D)(i) In calculating the additional endowment amount
required under paragraph (4), the Archivist shall take into
account credits given under subparagraph (C), and may also
give credits against the additional endowment amount required
under paragraph (4), if the Archivist determines that
construction features or equipment used in making or
equipping the physical or material change or addition are
expected to result in quantifiable long-term savings to the
Government with respect to the cost of facility operations.
``(ii) The features and equipment described under clause
(i) shall comply with the standards promulgated by the
Archivist under subsection (a)(2).
``(iii) The Archivist shall promulgate standards to be used
in calculating the dollar amount of any credit to be given,
and shall consult with all donors of the endowment before
giving any credits. The total dollar amount of credits given
under this paragraph may not exceed 20 percent of the
additional endowment amount required under paragraph (4).''.

TITLE VI--GENERAL PROVISIONS

Departments, Agencies, and Corporations

Sec. 601. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life
threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2003 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
Sec. 603. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her
status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals of those
countries allied with the United States in a current defense
effort, or to international broadcasters employed by the
United States Information Agency, or to temporary employment
of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 607. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,

[[Page S971]]

United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 609. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he or
she has been nominated after the Senate has voted not to
approve the nomination of said person.
Sec. 610. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to
property owned or occupied by the Postal Service, the
Postmaster General may take the same actions as the
Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching
thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2003, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 613 of the Treasury and General
Government Appropriations Act, 2002, until the normal
effective date of the applicable wage survey adjustment that
is to take effect in fiscal year 2003, in an amount that
exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such section
613; and
(2) during the period consisting of the remainder of fiscal
year 2003, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2003 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2003 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in fiscal year 2002
under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2002, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2002,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2002.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
Sec. 614. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 615. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967,
and the Rehabilitation Act of 1973.
Sec. 619. None of the funds made available in this Act for
the United States Customs Service may be used to allow--
(1) the importation into the United States of any good,
ware, article, or merchandise mined, produced, or
manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930
(19 U.S.C. 1307); or
(2) the release into the United States of any good, ware,
article, or merchandise on which the United States Customs
Service has in effect a detention order, pursuant to such
section 307, on the basis that the good, ware, article, or
merchandise may have been mined, produced, or manufactured by
forced or indentured child labor.
Sec. 620. No part of any appropriation contained in this or
any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress

[[Page S972]]

in connection with any matter pertaining to the employment of
such other officer or employee or pertaining to the
department or agency of such other officer or employee in any
way, irrespective of whether such communication or contact is
at the initiative of such other officer or employee or in
response to the request or inquiry of such Member, committee,
or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 622. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed
statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 624. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 625. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 626. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofore authorized
by the Congress.
Sec. 627. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States Code, has an obligation to
expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 628. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share
of JFMIP administrative costs, as determined by the JFMIP,
but not to exceed a total of $800,000 including the salary of
the Executive Director and staff support.
Sec. 629. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse the ``Policy
and Citizen Services'' account, General Services
Administration, with the approval of the Director of the
Office of Management and Budget, funds made available for the
current fiscal year by this or any other Act, including
rebates from charge card and other contracts. These funds
shall be administered by the Administrator of General
Services to support Government-wide financial, information
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial
management initiatives, the Chief Information Officers
Council for information technology initiatives, and the
Procurement Executives Council for procurement initiatives).
The total funds transferred or reimbursed shall not exceed
$17,000,000. Such transfers or reimbursements may only be
made 15 days following notification of the Committees on
Appropriations by the Director of the Office of Management
and Budget.
Sec. 630. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 631. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 632. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds and the amount
provided. This provision shall apply to direct payments,
formula funds, and grants received by a State receiving
Federal funds.
Sec. 633. Section 403(f) of Public Law 103-356 (31 U.S.C.
501 note) is amended by striking ``October 1, 2002'' and
inserting ``October 1, 2003''.
Sec. 634. (a) Prohibition of Federal Agency Monitoring of
Personal Information on Use of Internet.--None of the funds
made available in this or any other Act may be used by any
Federal agency--
(1) to collect, review, or create any aggregate list,
derived from any means, that includes the collection of any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregate list, derived from any means, that
includes the collection of any personally identifiable
information relating to an individual's access to or use of
any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;

[[Page S973]]

(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to the rendition of the
Internet site services or to the protection of the rights or
property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 635. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 636. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 637. (a) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 2003
under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 4.1 percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department
or agency for salaries and expenses for fiscal year 2003.
Sec. 638. Not later than 6 months after the date of
enactment of this Act, the Inspector General of each
applicable department or agency shall submit to the Committee
on Appropriations a report detailing what policies and
procedures are in place for each department or agency to give
first priority to the location of new offices and other
facilities in rural areas, as directed by the Rural
Development Act of 1972.
Sec. 639. Deferral of Expiration Date of Information
Security Requirements.--Section 3536 of title 44, United
States Code, is amended by striking ``the date that is two
years after the date on which this subchapter takes effect''
and inserting ``December 31, 2003''.
This division may be cited as the ``Treasury and General
Government Appropriations Act, 2003''.

DIVISION K--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS, 2003

Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2003, and for other purposes.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Veteran Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 2003, and for other purposes, namely:

TITLE I--DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Compensation and Pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51,
53, 55, and 61); pension benefits to or on behalf of veterans
as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and
61; 92 Stat. 2508); and burial benefits, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article
IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 540 et seq.) and for other benefits as authorized
by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51,
53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $28,949,000,000, to remain
available until expended: Provided, That not to exceed
$17,138,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and
``Medical care'' for necessary expenses in implementing those
provisions authorized in the Omnibus Budget Reconciliation
Act of 1990, and in the Veterans' Benefits Act of 1992 (38
U.S.C. chapters 51, 53, and 55), the funding source for which
is specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical facilities revolving fund'' to
augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$2,264,808,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(1), (2), (5), and (11) of that section,
shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat.
487, $27,530,000, to remain available until expended.

veterans housing benefit program fund program account

(including transfer of funds)

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
38 U.S.C. chapter 37, 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, as amended: Provided further, That during fiscal year
2003, within the resources available, not to exceed $300,000
in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $168,207,000, which may
be transferred to and merged with the appropriation for
``General operating expenses''.

education loan fund program account

(including transfer of funds)

For the cost of direct loans, $1,000, as authorized by 38
U.S.C. 3698, 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, as
amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry
out the direct loan program, $70,000, which may be
transferred to and merged with the appropriation for
``General operating expenses''.

vocational rehabilitation loans program account

(including transfer of funds)

For the cost of direct loans, $55,000, as authorized by 38
U.S.C. chapter 31, 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, as amended: Provided further, That funds made available
under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $3,626,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $289,000, which may be
transferred to and merged with the appropriation for
``General operating expenses''.

native american veteran housing loan program account

(including transfer of funds)

For administrative expenses to carry out the direct loan
program authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $558,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.

guaranteed transitional housing loans for homeless veterans program
account

For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C.
chapter 37, subchapter VI, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating
expenses'' and ``Medical care'' may be expended.

Veterans Health Administration

medical care

(including transfer of funds)

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for
furnishing, as authorized by law, inpatient and outpatient
care and treatment to beneficiaries of the Department of
Veterans Affairs, including care and treatment in facilities
not under the jurisdiction of the department; and furnishing
recreational facilities, supplies, and equipment; funeral,
burial, and other expenses incidental thereto for
beneficiaries receiving care in the department;
administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction and renovation of any facility
under the

[[Page S974]]

jurisdiction or for the use of the department; oversight,
engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing
facilities in the several hospitals and homes under the
jurisdiction of the department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; aid to State homes as
authorized by 38 U.S.C. 1741; administrative and legal
expenses of the department for collecting and recovering
amounts owed the department as authorized under 38 U.S.C.
chapter 17, and the Federal Medical Care Recovery Act, 42
U.S.C. 2651 et seq., $23,889,304,000, plus reimbursements:
Provided, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs may establish a priority
for treatment for veterans who are service-connected
disabled, lower income, or have special needs: Provided
further, That of the funds made available under this heading,
$500,000,000 is for the equipment and land and structures
object classifications only, which amount shall not become
available for obligation until August 1, 2003, and shall
remain available until September 30, 2004: Provided further,
That of the funds made available under this heading, not to
exceed $900,000,000 shall be available until September 30,
2004: Provided further, That of the funds made available
under this heading for non-recurring maintenance and repair
(NRM) activities, $15,000,000 shall be available without
fiscal year limitation to support the NRM activities
necessary to implement Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided further, That from
amounts appropriated under this heading, additional amounts,
as designated by the Secretary no later than September 30,
2002, may be used for CARES activities without fiscal year
limitation: Provided further, That the Secretary of Veterans
Affairs shall conduct by contract a program of recovery
audits for the fee basis and other medical services contracts
with respect to payments for hospital care; and,
notwithstanding 31 U.S.C. 3302(b), amounts collected, by
setoff or otherwise, as the result of such audits shall be
available, without fiscal year limitation, for the purposes
for which funds are appropriated under this heading and the
purposes of paying a contractor a percent of the amount
collected as a result of an audit carried out by the
contractor: Provided further, That all amounts so collected
under the preceding proviso with respect to a designated
health care region (as that term is defined in 38 U.S.C.
1729A(d)(2)) shall be allocated, net of payments to the
contractor, to that region.

medical care collections fund

(including transfer of funds)

Amounts deposited during the current fiscal year in the
Department of Veterans Affairs Medical Care Collections Fund
under section 1729A of title 38, United States Code, may be
transferred to ``Medical care'', to remain available until
expended.

medical and prosthetic research

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by 38
U.S.C. chapter 73, to remain available until September 30,
2004, $400,000,000, plus reimbursements.

medical administration and miscellaneous operating expenses

For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities, $69,716,000, of which $3,861,000 shall be
available until September 30, 2004, plus reimbursements:
Provided, That technical and consulting services offered by
the Facilities Management Field Support Service, including
project management and real property administration
(including leases, site acquisition and disposal activities
directly supporting projects), shall be provided to
Department of Veterans Affairs components only on a
reimbursable basis, and such amounts will remain available
until September 30, 2003.

Departmental Administration

general operating expenses

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$1,256,418,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5),
and (11) that the Secretary determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That of the funds made available under this heading, not to
exceed $65,800,000 shall be available for obligation until
September 30, 2004: Provided further, That from the funds
made available under this heading, the Veterans Benefits
Administration may purchase up to two passenger motor
vehicles for use in operations of that Administration in
Manila, Philippines: Provided further, That travel expenses
for this account shall not exceed $17,082,000.

national cemetery administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $133,149,000, of which
$6,912,000 shall be available until September 30, 2004.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $55,000,000, to remain available until
September 30, 2004.

construction, major projects

For constructing, altering, extending and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, and 8122 of title 38, United States Code,
including planning, architectural and engineering services,
maintenance or guarantee period services costs associated
with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition,
where the estimated cost of a project is $4,000,000 or more
or where funds for a project were made available in a
previous major project appropriation, $144,790,000, to remain
available until expended, of which $5,000,000 shall be for
Capital Asset Realignment for Enhanced Services (CARES)
activities; and of which $10,000,000 shall be to make
reimbursements as provided in 41 U.S.C. 612 for claims paid
for contract disputes: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, such as portfolio development
and management activities, and investment strategy studies
funded through the advance planning fund and the planning and
design activities funded through the design fund and CARES
funds, including needs assessments which may or may not lead
to capital investments, none of the funds appropriated under
this heading shall be used for any project which has not been
approved by the Congress in the budgetary process: Provided
further, That funds provided in this appropriation for fiscal
year 2003, for each approved project (except those for CARES
activities referenced above) shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2003; and (2) by the awarding of a construction contract
by September 30, 2004: Provided further, That the Secretary
of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time
limitations established above: Provided further, That no
funds from any other account except the ``Parking revolving
fund'', may be obligated for constructing, altering,
extending, or improving a project which was approved in the
budget process and funded in this account until one year
after substantial completion and beneficial occupancy by the
Department of Veterans Affairs of the project or any part
thereof with respect to that part only.

construction, minor projects

For constructing, altering, extending, and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or
guarantee period services costs associated with equipment
guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United
States Code, where the estimated cost of a project is less
than $4,000,000, $210,700,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is less than $4,000,000, of which $35,000,000 shall be
for Capital Asset Realignment for Enhanced Services (CARES)
activities: Provided, That from amounts appropriated under
this heading, additional amounts may be used for CARES
activities upon notification of and approval by the
Committees on Appropriations: Provided further, That funds in
this account shall be available for: (1) repairs to any of
the nonmedical facilities under the jurisdiction or for the
use of the department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

parking revolving fund

For the parking revolving fund as authorized by 38 U.S.C.
8109, income from fees collected, to remain available until
expended, which shall be available for all authorized
expenses except operations and maintenance costs, which will
be funded from ``Medical care''.

[[Page S975]]

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify or alter existing hospital, nursing home and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by 38 U.S.C. 8131-8137, $100,000,000,
to remain available until expended.

grants for the construction of state veterans cemeteries

For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38
U.S.C. 2408, $32,000,000, to remain available until expended.

Administrative Provisions

(including transfer of funds)

Sec. 101. Any appropriation for fiscal year 2003 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred to
any other of the mentioned appropriations.
Sec. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2003 for salaries and
expenses shall be available for services authorized by 5
U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor
projects'', and the ``Parking revolving fund'') shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
examination of any persons (except beneficiaries entitled
under the laws bestowing such benefits to veterans, and
persons receiving such treatment under 5 U.S.C. 7901-7904 or
42 U.S.C. 5141-5204), unless reimbursement of cost is made to
the ``Medical care'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2003 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans
insurance and indemnities'' shall be available for payment of
prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last
quarter of fiscal year 2002.
Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2003 shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from title X of
the Competitive Equality Banking Act, Public Law 100-86,
except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law,
during fiscal year 2003, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year
2003 that are available for dividends in that program after
claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2003 which is properly
allocable to the provision of each insurance program and to
the provision of any total disability income insurance
included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise
Fund pilot program authorized to be established by section
403 of Public Law 103-356 until October 1, 2003: Provided,
That the Franchise Fund, established by title I of Public Law
104-204 to finance the operations of the Franchise Fund pilot
program, shall continue until October 1, 2003.
Sec. 109. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
Sec. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2003 or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication for all services provided at rates which will
recover actual costs but not exceed $29,318,000 for the
Office of Resolution Management and $3,010,000 for the Office
of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the
service.
Sec. 111. (a)(1) Section 1729B of title 38, United States
Code, is repealed. Any balance as of the date of the
enactment of this Act in the Department of Veterans Affairs
Health Services Improvement Fund established under such
section shall be transferred to the Department of Veterans
Affairs Medical Care Collections Fund established under
section 1729A of title 38, United States Code.
(2) The table of sections at the beginning of chapter 17 of
such title is amended by striking the item relating to
section 1729B.
(b) Section 1729A(b) of such title is amended--
(1) by redesignating paragraph (8) as paragraph (10); and
(2) by inserting after paragraph (7) the following new
paragraphs:
``(7) Section 8165(a) of this title.
``(8) Section 113 of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111
note).''.
(c) Section 1722A of such title is amended--
(1) in subsection (c)--
(A) in the first sentence, by striking ``under subsection
(a)'' and inserting ``under this section''; and
(B) by striking the second sentence; and
(2) by striking subsection (d).
(d)(1) Section 8165 of such title is amended by striking
``Department of Veterans Affairs Health Services Improvement
Fund established under section 1729B of this title'' and
inserting ``Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of this
title''.
(2) Section 113(b) of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note) is
amended by striking ``Department of Veterans Affairs Health
Services Improvement Fund established under section 1729B of
title 38 United States Code, as added by section 202'' and
inserting ``Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of title 38,
United States Code''.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

housing certificate fund

(including transfer and rescission of funds)

For assistance under the United States Housing Act of 1937,
as amended (``the Act'' herein) (42 U.S.C. 1437 et seq.), not
otherwise provided for, including for activities and
assistance to prevent the involuntary displacement of low-
income families, the elderly and the disabled because of the
loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are
provided under another heading in this Act) or expiration of
use restrictions, or other changes in housing assistance
arrangements, and for other purposes, $16,928,697,228 and
amounts recaptured in this account, and except as otherwise
provided, to remain available until expended: Provided, That
of the amount provided under this heading, $4,200,000,000
shall be available on October 1, 2003: Provided further, That
the foregoing amounts shall be for use in connection with
expiring or terminating section 8 subsidy contracts, for
amendments to section 8 subsidy contracts, for enhanced
vouchers (including amendments and renewals) under any
provision of law authorizing such assistance under section
8(t) of the Act (42 U.S.C. 1437f(t)), contract
administrators, and contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act:
Provided further, That the Secretary is authorized and
directed to enter into contracts for 2,077,336 vouchers under
Sections 8(o) and 8(t) of the Act (42 U.S.C. 1437f(o) and
(t)), including moderate rehabilitation units under Section
8(e) of the Act (42 U.S.C. 1437f(e)) that are renewed as
vouchers, that currently are funded under contracts that are
expiring or terminating: Provided further, That of the amount
provided under this heading, $11,676,040,908 shall be for use
only for renewal of contracts for vouchers expected to be
used in the period covered by the annual contracts and for
administrative fees earned for such vouchers: Provided
further, That of the amount provided under this heading,
$400,170,000 shall be in a central fund to be allocated by
the Secretary for amendments to contracts for periods not
exceeding 12 months in duration for expenditures for up to
2,077,336 vouchers under Sections 8(o) and 8(t) of the Act
(42 U.S.C. 1437f(o) and (t)), including authorized vouchers
that the Secretary reallocates from agencies that have
chronically failed to use them to other agencies; and in
addition to amounts provided above, such sums as shall be
necessary within only this fiscal year, if any, to fulfill
the purposes of the preceding proviso: Provided further, That
the Secretary shall make all needed funds available under the
preceding proviso to an agency within 14 days of the agency
demonstrating an ability to enter into additional housing
assistance payment contracts within an agency's authorized
voucher level: Provided further, That amounts provided under
this heading shall be available for section 8 rental
assistance under the Act: (1) for the relocation and
replacement of housing units that are demolished or disposed
of pursuant to the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134; Stat. 1321-
269); (2) for the conversion of section 23 projects to
assistance under section 8; (3) for funds to carry out the
family unification program; (4) for the relocation of
witnesses in connection with efforts to combat crime

[[Page S976]]

in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency; (5) for tenant
protection assistance, including replacement and relocation
assistance; and (6) for the 1-year renewal of section 8
contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990: Provided
further, That of the amount provided under this heading, no
less than $3,000,000 shall be transferred to the Working
Capital Fund for the development of and modifications to
information technology systems which serve activities under
``Public and Indian Housing'': Provided further, That the
amounts made available for incremental vouchers under this
heading for any fiscal year (to the extent practicable) for
non-elderly disabled families shall be provided to non-
elderly disabled families upon turnover or renewal: Provided
further, That the amounts made available for incremental
vouchers under this heading for any fiscal year (to the
extent practicable) for welfare-to-work families shall
continue to be made available for welfare-to-work families
upon turnover or renewal: Provided further, That up to
$196,000,000 from amounts made available under this heading
may be made available for contract administrators: Provided
further, That amounts available under this heading may be
made available for administrative fees and other expenses to
cover the cost of administering rental assistance programs
under section 8 of the Act: Provided further, That within 60
days of enactment, the Secretary shall reduce the annual
contributions contracts with public housing agencies that
received a warning pursuant to the notice published on April
19, 2000 (65 FR 21088) of failure to use at least 90 percent
of the vouchers allocated to the agency and to spend at least
90 percent of the budget authority allocated to the agency,
and that by the date of enactment or within 16 months of
initial receipt of such warning (regardless of any subsequent
warning notice from the Secretary), whichever is later,
failed in the most recent completed month to utilize at least
95 percent of allocated vouchers or contracted budget
authority with respect to vouchers that were under annual
contributions contract in the agency's prior fiscal year, and
within 150 days of enactment the Secretary shall reallocate
the number of vouchers from such chronically underutilizing
agencies necessary to bring their current rate of voucher
utilization to 95 percent and enter into annual contributions
contracts with other public housing agencies for the budget
authority to support the reallocated vouchers pursuant to the
notice published on November 1, 2001 (66 FR 55524), provided
that the Secretary shall give first priority, after agencies
that need additional vouchers to address urgent needs arising
from federally-declared disasters, to high-performing
agencies that can serve applicants on the waiting list of the
public housing agency from which vouchers are reallocated and
to agencies that have nonelderly disabled families affected
by the designation of a public housing development under
section 7 of the Act, the establishment of preferences in
accordance with section 651 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13611), or the restriction
of occupancy to elderly families in accordance with section
658 of such Act (42 U.S.C. 13618): Provided further, That the
fee otherwise authorized under section 8(q) of the Act shall
be determined in accordance with section 8(q), as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998: Provided further, That
$1,400,000,000 is rescinded from unobligated balances
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading or the
heading ``Annual contributions for assisted housing'' or any
other heading for fiscal year 2002 and prior years, to be
effected by the Secretary no later than September 30, 2003:
Provided further, That any such balances governed by
reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated may
be available for this rescission, except that this proviso
does not apply to reallocation of vouchers required under
this Act: Provided further, That the Secretary shall have
until September 30, 2003, to meet the rescission in the
proviso preceding the immediately preceding proviso: Provided
further, That any obligated balances of contract authority
that have been terminated shall be canceled.

public housing capital fund

(including transfers of funds)

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437g),
$2,683,400,000, to remain available until September 30, 2006:
Provided, That, hereafter, notwithstanding any other
provision of law or any failure of the Secretary of Housing
and Urban Development to issue regulations to carry out
section 9(j) of the United States Housing Act of 1937 (42
U.S.C. 1437g(j)), such section is deemed to have taken effect
on October 1, 1998, and, except as otherwise provided in this
heading, shall apply to all assistance made available under
this same heading on or after such date: Provided further,
That notwithstanding any other provision of law or
regulation, during fiscal year 2003, the Secretary may not
delegate to any Department official other than the Deputy
Secretary any authority under paragraph (2) of such section
9(j) regarding the extension of the time periods under such
section for obligation of amounts made available for fiscal
year 1998, 1999, 2000, 2001, 2002, or 2003: Provided further,
That notwithstanding the first proviso and paragraphs (3) and
(5)(B) of such section 9(j), if at any time before the
effectiveness of final regulations issued by the Secretary
under section 6(j) of the United States Housing Act of 1937
(42 U.S.C. 1437d(j)) providing for assessment of public
housing agencies and designation of high-performing agencies,
any amounts made available under the public housing Capital
Fund for fiscal year 1999, 2000, 2001, 2002, or 2003 remain
unobligated in violation of paragraph (1) of such section
9(j) or unexpended in violation of paragraph (5)(A) of such
section 9(j), the Secretary shall recapture any such amounts
and reallocate such amounts among public housing agencies
that, at the time of such reallocation, are not in violation
of any requirement under paragraph (1) or (5)(A) of such
section: Provided further, That for purposes of this heading,
the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will
result in outlays immediately or in the future: Provided
further, That of the total amount provided under this
heading, up to $54,000,000 shall be for carrying out
activities under section 9(h) of such Act, of which up to
$13,000,000 shall be for the provision of remediation
services to public housing agencies identified as
``troubled'' under the Section 8 Management Assessment
Program and for surveys used to calculate local Fair Market
Rents and assess housing conditions in connection with rental
assistance under section 8 of the Act: Provided further, That
of the total amount provided under this heading, up to
$500,000 shall be for lease adjustments to section 23
projects, and no less than $18,600,000 shall be transferred
to the Working Capital Fund for the development and
maintenance of information technology systems: Provided
further, That no funds may be used under this heading for the
purposes specified in section 9(k) of the United States
Housing Act of 1937, as amended: Provided further, That of
the total amount provided under this heading, up to
$75,000,000 shall be available for the Secretary of Housing
and Urban Development to make grants to public housing
agencies for emergency capital needs resulting from
emergencies and natural disasters in fiscal year 2003:
Provided further, That of the total amount provided under
this heading, $15,000,000 shall be for a Neighborhood
Networks initiative for activities authorized in section
9(d)(1)(E) of the United States Housing Act of 1937, as
amended: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous
proviso shall be awarded to public housing agencies on a
competitive basis as provided in section 102 of the
Department of Housing and Urban Development Reform Act of
1989: Provided further, That of the total amount provided
under this heading, up to $100,000,000 shall be made
available to public housing agencies for use in the
substantial rehabilitation of distressed units, the
development of off-site public housing units in mixed-income
housing developments, or for loan loss reserves to support
such activities.
Of the amount made available under this heading, the
Secretary of Housing and Urban Development may use up to
$55,000,000 for supportive services for public housing
residents, as authorized by section 34 of the United States
Housing Act of 1937, as amended, and for residents of housing
assisted under the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) and for grants for
service coordinators and congregate services for the elderly
and disabled residents of public and assisted housing and
housing assisted under NAHASDA.

public housing operating fund

For payments to public housing agencies for the operation
and management of public housing, as authorized by section
9(e) of the United States Housing Act of 1937, as amended (42
U.S.C. 1437g(e)), $3,530,000,000, to remain available until
September 30, 2004: Provided, That of the total amount
provided under this heading, $10,000,000 shall be for
programs, as determined appropriate by the Attorney General,
which assist in the investigation, prosecution, and
prevention of violent crimes and drug offenses in public and
federally-assisted low-income housing, including Indian
housing, which shall be administered by the Department of
Justice through a reimbursable agreement with the Department
of Housing and Urban Development: Provided further, That up
to $250,000,000 shall be made available for payments to
public housing agencies that are eligible for additional
funds in fiscal year 2002 for the operation and management of
public housing: Provided further, That no funds may be made
available under this heading in fiscal year 2004 and
subsequent fiscal years for payments to public housing
agencies for the operation and management of public housing
in fiscal year 2003: Provided further, That no funds may be
used under this heading for the purposes specified in section
9(k) of the United States Housing Act of 1937, as amended.

revitalization of severely distressed public housing (hope VI)

For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the

[[Page S977]]

United States Housing Act of 1937, as amended, $574,000,000,
to remain available until September 30, 2004, of which the
Secretary may use up to $6,250,000 for technical assistance
and contract expertise, to be provided directly or indirectly
by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in
such training, by or to officials and employees of the
department and of public housing agencies and to residents:
Provided, That none of such funds shall be used directly or
indirectly by granting competitive advantage in awards to
settle litigation or pay judgments, unless expressly
permitted herein: Provided further, That of the total amount
provided under this heading, $5,000,000 shall be for a
Neighborhood Networks initiative for activities authorized in
section 24(d)(1)(G) of the United States Housing Act of 1937,
as amended: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous
proviso shall be awarded to public housing agencies on a
competitive basis as provided in section 102 of the
Department of Housing and Urban Development Reform Act of
1989.

native american housing block grants

(including transfers of funds)

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $648,570,000, to remain available until
expended, of which $2,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in
support of the implementation of NAHASDA; of which $5,000,000
shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the
training, oversight, and management of Indian housing and
tenant-based assistance, including up to $300,000 for related
travel; and of which no less than $600,000 shall be
transferred to the Working Capital Fund for development of
and modifications to information technology systems which
serve programs or activities under ``Public and Indian
housing'': Provided, That of the amount provided under this
heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$16,658,000: Provided further, That the Secretary of Housing
and Urban Development may provide technical and financial
assistance to Indian tribes and their tribally-designated
housing entities in accordance with the provisions of NAHASDA
for emergency housing, housing assistance, and other
assistance to address the problem of mold: Provided further,
That for administrative expenses to carry out the guaranteed
loan program, up to $150,000 from amounts in the first
proviso, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only
for the administrative costs of these guarantees.

indian housing loan guarantee fund program account

(including transfer of funds)

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $197,243,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $200,000 from amounts in the
first paragraph, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses'', to be
used only for the administrative costs of these guarantees.

native hawaiian housing loan guarantee fund program account

(including transfer of funds)

For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $39,712,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses'', to be
used only for the administrative costs of these guarantees.

Community Planning and Development

housing opportunities for persons with aids

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $292,000,000, to remain
available until September 30, 2004: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Secretary may
use up to $2,000,000 of the funds under this heading for
training, oversight, and technical assistance activities.

rural housing and economic development

For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $25,000,000
to remain available until expended, which amount shall be
awarded by June 1, 2004, to Indian tribes, State housing
finance agencies, State community and/or economic development
agencies, local rural nonprofits and community development
corporations to support innovative housing and economic
development activities in rural areas: Provided, That all
grants shall be awarded on a competitive basis as specified
in section 102 of the Department of Housing and Urban
Development Reform Act of 1989.

empowerment zones/enterprise communities

For grants in connection with a second round of empowerment
zones and enterprise communities, $30,000,000, to remain
available until expended, for ``Urban Empowerment Zones'', as
authorized in section 1391(g) of the Internal Revenue Code of
1986 (26 U.S.C. 1391(g)), including $2,000,000 for each
empowerment zone for use in conjunction with economic
development activities consistent with the strategic plan of
each empowerment zone: Provided, That no funds shall be
available under this heading for expenditure in fiscal year
2004 and thereafter unless the Congress enacts tax
legislation to fund eligible activities in fiscal year 2004
and thereafter.

community development fund

(including transfers of funds)

For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $5,000,000,000, to remain
available until September 30, 2005: Provided, That of the
amount provided, $4,580,200,000 is for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided
further, That $72,500,000 shall be for grants to Indian
tribes notwithstanding section 106(a)(1) of such Act;
$3,300,000 shall be for a grant to the Housing Assistance
Council; $2,600,000 shall be for a grant to the National
American Indian Housing Council; $2,000,000 shall be for a
grant to Girl Scouts of the USA for youth development
initiatives in public housing; $2,000,000 shall be for a
grant to Boys and Girls Clubs of America for the operating
and start-up costs of clubs located in or near, and primarily
serving residents of, public and Indian housing; and
$45,500,000 shall be for grants pursuant to section 107 of
the Act of which $4,000,000 shall be to support Alaska Native
serving institutions and Native Hawaiian serving institutions
as defined under the Higher Education Act, as amended,
$3,000,000 shall be for tribal colleges and universities to
build, expand, renovate and equip their facilities,
$7,000,000 shall be for insular areas, $11,000,000 shall be
for historically black colleges and universities, $3,000,000
shall be for community development work study, $10,000,000
shall be for the Department of Hawaiian Homeland to provide
assistance as authorized under title VIII of the Native
American Housing Assistance and Self-Determination Act of
1996 (22 U.S.C. 4221 et seq.) (with no more than 5 percent of
such funds being available for administrative costs), and of
which $7,500,000 shall be for Hispanic serving institutions:
Provided further, That no less than $3,400,000 shall be
transferred to the Working Capital Fund for the development
of and modification to information technology systems which
serve programs or activities under ``Community planning and
development'': Provided further, That $3,000,000 shall be
made available for construction costs of the Paul and Sheila
Wellstone Center for Community Building: Provided further,
That $22,000,000 shall be for grants pursuant to the Self
Help Homeownership Opportunity Program: Provided further,
That not to exceed 20 percent of any grant made with funds
appropriated under this heading (other than a grant made
available in this paragraph to the Housing Assistance Council
or the National American Indian Housing Council, or a grant
using funds under section 107(b)(3) of the Act) shall be
expended for ``Planning and Management Development'' and
``Administration'', as defined in regulations promulgated by
the Department.
Of the amount made available under this heading,
$35,500,000 shall be for capacity building, of which
$31,500,000 shall be for Capacity Building for Community
Development and Affordable Housing for LISC and the
Enterprise Foundation for activities as authorized by section
4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
as in effect immediately before June 12, 1997, with not less
than $5,000,000 of the funding to be used in rural areas,
including tribal areas, and of which $4,000,000 shall be for
capacity building activities administered by Habitat for
Humanity International.

[[Page S978]]

Of the amount made available under this heading,
$40,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives, of which $1,000,000 shall be for a grant
to National Housing Trust/Enterprise Preservation Corporation
to preserve 5,000 affordable apartments for low-income people
and $5,000,000 shall be for a grant to the Housing
Partnership Network for a revolving loan fund for single-
family homeownership development and loans to nonprofit
affordable housing organizations.
Of the amount made available under this heading,
notwithstanding any other provision of law, $65,000,000 shall
be available for YouthBuild program activities authorized by
subtitle D of title IV of the Cranston-Gonzalez National
Affordable Housing Act, as amended, and such activities shall
be an eligible activity with respect to any funds made
available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and
nonprofit funding shall be given a priority for YouthBuild
funding: Provided further, That no more than 10 percent of
any grant award may be used for administrative costs:
Provided further, That not less than $10,000,000 shall be
available for grants to establish YouthBuild programs in
underserved and rural areas: Provided further, That of the
amount provided under this paragraph, $2,000,000 shall be set
aside and made available for a grant to YouthBuild USA for
capacity building for community development and affordable
housing activities as specified in section 4 of the HUD
Demonstration Act of 1993, as amended.
Of the amount made available under this heading,
$130,500,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of the Committee on
Appropriations submitted for the record accompanying this
Act: Provided, That each grant specified in the report shall
be reduced by 10 percent.
The referenced statement of the managers under the heading
``Community development block grants'' in title II of Public
Law 105-277 is deemed to be amended by striking ``$750,000 to
the Maryland State Department of Housing and Community
Development for relocation of residents of Wagners Point
community in Baltimore, Maryland'' and insert in lieu thereof
``$750,000 to the Maryland State Department of Housing and
Community Development for relocation of residents of Wagners
Point community in Baltimore, Maryland ($514,000) and for
recovery efforts that occurred on or after the April 28, 2002
tornado in Charles and Calvert Counties ($236,000)''.

community development loan guarantees program account

(including transfer of funds)

For the cost of guaranteed loans, $14,000,000, to remain
available until September 30, 2004, as authorized by section
108 of the Housing and Community Development 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, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $608,696,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended: Provided further, That in addition, for
administrative expenses to carry out the guaranteed loan
program, $1,000,000, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses''.

brownfields redevelopment

For Economic Development Grants for Brownfields
redevelopment projects, $25,000,000, to remain available
until September 30, 2004: Provided, That the Secretary of
Housing and Urban Development shall make these grants
available on a competitive basis as specified in section 102
of the Department of Housing and Urban Development Reform Act
of 1989: Provided further, That notwithstanding section
108(q) of the Housing and Community Development Act of 1974,
recipients of funding made available under this heading may,
at the discretion of the Secretary, also apply for funding
under section 108.

home investment partnerships program

(including transfer of funds)

For the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez National
Affordable Housing Act, as amended, $1,950,000,000, to remain
available until September 30, 2005: Provided, That of the
total amount provided under this heading, up to $40,000,000
shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968; and no less
than $1,100,000 shall be transferred to the Working Capital
Fund for the development of and maintenance of, and
modification to information technology systems which serve
Programs or activities under ``Community Planning and
Development''.

homeless assistance grants

(including transfer of funds)

For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,215,025,000, of which
$193,000,000 shall be available to renew expiring shelter
plus care grants, to remain available until September 30,
2005: Provided, That not less than 30 percent of funds made
available, excluding amounts provided for renewals under the
shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each
grantee: Provided further, That the Secretary shall renew on
an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That
$17,600,000 of the funds appropriated under this heading
shall be available for technical assistance and management
information systems: Provided further, That no less than
$1,500,000 of the funds appropriated under this heading shall
be transferred to the Working Capital Fund: for the
development of and modifications to information technology
systems which serve activities under ``Community Planning and
Development''.

Housing Programs

housing for special populations

(including transfer of funds)

For assistance for the purchase, construction, acquisition,
or development of additional public and subsidized housing
units for low income families not otherwise provided for,
$1,033,801,000, to remain available until September 30, 2005:
Provided, That $783,286,000, plus recaptures or cancelled
commitments, shall be for capital advances, including
amendments to capital advance contracts, for housing for the
elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the
elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year
term, which shall remain available for disbursement until
September 30, 2015, and for supportive services associated
with the housing, of which amount $44,000,000 plus up to
$9,000,000 of amounts recaptured or commitments cancelled
under this heading, shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects, and of which amount
up to $50,000,000 shall be for grants under section 202b of
the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or
related use: Provided further, That of the amount under this
heading, $250,515,000 shall be for capital advances,
including amendments to capital advance contracts, for
supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under
section 811(d)(2) of such Act, including amendments to
contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, which
shall remain available for disbursement until September 30,
2015, and for supportive services associated with the housing
for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance
contracts entered into pursuant to section 811 of such Act:
Provided further, That no less than $500,000, to be divided
evenly between the appropriations for the section 202 and
section 811 programs, shall be transferred to the Working
Capital Fund for the development of and modifications to
information technology systems which serve activities under
``Housing Programs'' or ``Federal Housing Administration,'':
Provided further, That, in addition to amounts made available
for renewal of tenant-based rental assistance contracts
pursuant to the second proviso of this paragraph, the
Secretary may designate up to 25 percent of the amounts
earmarked under this paragraph for section 811 of such Act
for tenant-based assistance, as authorized under that
section, including such authority as may be waived under the
next proviso, which assistance is 5 years in duration:
Provided further, That the Secretary may waive any provision
of such section 202 and such section 811 (including the
provisions governing the terms

[[Page S979]]

and conditions of project rental assistance and tenant-based
assistance) that the Secretary determines is not necessary to
achieve the objectives of these programs, or that otherwise
impedes the ability to develop, operate, or administer
projects assisted under these programs, and may make
provision for alternative conditions or terms where
appropriate: Provided further, That all balances and
recaptures, as of October 1, 2002, remaining in the
``Congregate Housing Services'' account as authorized by the
Housing and Community Development Amendments of 1978, as
amended, shall be transferred to and merged with the amounts
for those purposes under this heading.

flexible subsidy fund

(transfer of funds)

From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2002,
and any collections made during fiscal year 2003, shall be
transferred to the Flexible Subsidy Fund, as authorized by
section 236(g) of the National Housing Act, as amended.

RENTAL HOUSING ASSISTANCE

The limitation otherwise applicable to the maximum payments
that may be required in any fiscal year by all contracts
entered into under section 236 of the National Housing Act
(12 U.S.C. 1715z-1) is reduced in fiscal year 2003 by not
more than $100,000,000 in uncommitted balances of
authorizations of contract authority provided for this
purpose in appropriations acts: Provided, That up to
$100,000,000 of recaptured section 236 budget authority
resulting from any actions described in section 236(s)(7)(A)
of the National Housing Act (12 U.S.C. 1715z-1) shall be made
available as provided under section 236(s) of the National
Housing Act.

manufactured housing fees trust fund

For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), $13,000,000, to
remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal
year 2003 so as to result in a final fiscal year 2003
appropriation from the general fund estimated at not more
than $0 and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2003
appropriation.

Federal Housing Administration

mutual mortgage insurance program account

(including transfers of funds)

During fiscal year 2003, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$160,000,000,000.
During fiscal year 2003, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $250,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $347,829,000, of which
not to exceed $343,807,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to
exceed $4,022,000 shall be transferred to the appropriation
for ``Office of Inspector General''. In addition, for
administrative contract expenses, $85,720,000, of which no
less than $21,360,000 shall be transferred to the Working
Capital Fund for the development of and modifications to
information technology systems which serve programs or
activities under ``Housing Programs'' or ``Federal Housing
Administration'': Provided, That to the extent guaranteed
loan commitments exceed $65,500,000,000 on or before April 1,
2003, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $16,000,000.

general and special risk program account

(including transfers of funds)

For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $15,000,000, to
remain available until expended: Provided, That these funds
are available to subsidize total loan principal, any part of
which is to be guaranteed, of up to $21,000,000,000.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $223,716,400, of
which $204,395,400, shall be transferred to the appropriation
for ``Salaries and expenses''; and of which $19,321,000 shall
be transferred to the appropriation for ``Office of Inspector
General''. In addition, for administrative contract expenses
necessary to carry out the guaranteed and direct loan
programs, $93,780,000, of which no less than $14,240,000
shall be transferred to the Working Capital Fund for the
development of and modifications to information technology
systems which serve activities under ``Housing Programs'' or
``Federal Housing Administration'': Provided, That to the
extent guaranteed loan commitments exceed $8,426,000,000 on
or before April 1, 2003, an additional $1,980 for
administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan commitments over
$8,426,000,000 (including a pro rata amount for any increment
below $1,000,000), but in no case shall funds made available
by this proviso exceed $14,400,000.

Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

(including transfer of funds)

New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30,
2004.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,343,000,
to be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,343,000, shall be transferred to the appropriation
for ``Salaries and expenses''.

Policy Development and Research

research and technology

For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $47,000,000, to remain
available until September 30, 2004: Provided, That of the
total amount provided under this heading, $8,750,000 shall be
for the Partnership for Advancing Technology in Housing
(PATH) Initiative.

Fair Housing and Equal Opportunity

fair housing activities

For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $45,899,000, to remain
available until September 30, 2004, of which $20,250,000
shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant or loan.

Office of Lead Hazard Control

lead hazard reduction

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $201,000,000, to remain available
until September 30, 2004, of which $10,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That of the total amount made available
under this heading, $75,000,000 shall be made available for
an urban lead hazard reduction demonstration program in the
form of grants to up to 25 major urban areas, as identified
by the Secretary as having: (1) the highest number of pre-
1940 units of rental housing; (2) significant deterioration
of paint; and (3) a disproportionately high number of
documented cases of lead-poisoned children: Provided further,
That of the amounts made available under this paragraph,
grants will be allocated equally among major urban areas that
meet the eligibility criteria for the abatement of lead-based
paint hazards so long as a major urban area makes a
contribution equal to 10 percent of the funds that are
available to the grantee under this paragraph should all of
the 25 eligible grantees receive awards: Provided further,
That not less than 80 percent of the funds made available
under this paragraph shall be used exclusively for abatement
and interim control of lead-based hazards as defined by 42
U.S.C. 4851: Provided further, That of the total grant, up to
15 percent may be used for demolition and up to 20 percent of
the funds may be available for other lead-based paint hazards
activities including risk assessments, testing and education:
Provided further, That each major urban area shall target
those privately-owned units and multifamily buildings that
serve a majority of low-income

[[Page S980]]

families that are defined as low-income families as provided
under section 3(b)(2) of the United States Housing Act of
1937: Provided further, That each major urban area shall
submit a detailed plan and strategy that demonstrates
adequate capacity that is acceptable to the Secretary of
Housing and Urban Development on the proposed use of these
funds pursuant to a Notice of Funding Availability issued by
the Secretary no later than February 15, 2003: Provided
further, That for the purposes of environmental reviews for
the urban lead hazard reduction demonstration, section 1011
of Title X of the 1992 Housing and Community Development Act
shall apply: Provided further, That units treated, and the
majority of units in multifamily buildings, remain available
for low-income residents for at least 3 years following
treatment: Provided further, That where a major urban area
fails to meet the requirements of this demonstration program,
the Secretary shall reallocate the funds for that urban area
to each of the other eligible major urban areas: Provided
further, That the Secretary shall submit an annual report to
the Congress on the effectiveness of this demonstration
program concurrently with the submission of the congressional
justifications for the budget of the Department of Housing
and Urban Development: Provided further, That should
legislation authorizing the urban lead hazard reduction
demonstration program not be enacted by June 30, 2003,
amounts designated for this initiative shall become available
for any such purpose authorized under Section 1011 of the
Residential Lead-based Paint Hazard Reduction Act of 1992.

Management and Administration

salaries and expenses

(including transfers of funds)

For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109; and not to exceed $25,000 for official reception
and representation expenses, $1,070,229,000, of which
$548,202,400 shall be provided from the various funds of the
Federal Housing Administration, $10,343,000 shall be provided
from funds of the Government National Mortgage Association,
$1,000,000 shall be provided from the ``Community development
loan guarantees program'' account, $150,000 shall be provided
by transfer from the ``Native American housing block grants''
account, $200,000 shall be provided by transfer from the
``Indian housing loan guarantee fund program'' account and
$35,000 shall be transferred from the ``Native Hawaiian
housing loan guarantee fund'' account: Provided, That no less
than $10,500,000 shall be transferred to the Working Capital
Fund for the development of and modifications to information
technology systems.

office of inspector general

(including transfer of funds)

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $97,684,000, of which $23,343,000 shall be provided
from the various funds of the Federal Housing Administration:
Provided, That the Inspector General shall have independent
authority over all personnel issues within this office:
Provided further, That no less than $300,000 shall be
transferred to the Working Capital Fund for the development
of and modifications to information technology systems for
the Office of Inspector General.

working capital fund

For additional capital for Working Capitol Fund (42 U.S.C.
3535) for the development of, modifications to, and
infrastructure for Department-wide Information technology
systems, and for the continuing operation of both Department-
wide and program-specific information systems, $276,737,000
to remain available until September 30, 2004: Provided, That
any amounts transferred to this Fund under this Act shall
remain available until expended.

consolidated fee fund

(rescission)

Of the balances remaining available from fees and charges
under section 7(j) of the Department of Housing and Urban
Development Act on October 1, 2002, $8,000,000 are rescinded.

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$30,000,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That not to exceed such amount shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That
the general fund amount shall be reduced as collections are
received during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.

Administrative Provisions

Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2003 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2003 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2003 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2003 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2003, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
Sec. 204. (a) Section 225(a) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000, Public Law 106-74 (113
Stat. 1076), is amended by striking ``year 2000, and the
amounts that would otherwise be allocated for fiscal year
2001 and fiscal year 2002'', and inserting ``years 2000,
2001, 2002, and 2003''.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2003 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Durham-
Chapel Hill, North Carolina Metropolitan Statistical Area.
Any amounts allocated to Wake County shall be used to carry
out eligible activities under section 855 of such Act (42
U.S.C. 12904) within such metropolitan statistical area.
Sec. 205. (a) During fiscal year 2003, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such
section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in
the State of Michigan.
Sec. 206. Except as explicitly provided in law, any grant
or assistance made pursuant to title II of this Act shall be
made on a competitive basis in accordance with section 102 of
the Department of Housing and Urban Development Reform Act of
1989.
Sec. 207. Section 683(2) of the Housing and Community
Development Act of 1992 is amended--
(1) in subparagraph (F), by striking ``and'';
(2) in subparagraph (G), by striking ``section.'' and
inserting ``section; and''; and
(3) by adding the following new subparagraph at the end:
``(H) housing that is assisted under section 811 of the
Cranston-Gonzalez National Affordable Housing Act.''.
Sec. 208. Section 9 of the United States Housing Act of
1937 is amended by inserting at the end the following new
subsection:
``(o) Loan Development Funding.--
``(1) In order to facilitate the financing of the
rehabilitation and development needs of

[[Page S981]]

public housing, public housing agencies may enter into loans
or other financial obligations with financial institutions
for the purpose of financing the rehabilitation of a portion
of public housing or the development off-site of public
housing in mixed income developments (including demolition
costs of the public housing units to be replaced), provided
that the number of public housing units developed off-site
replaces no less than an equal number of on-site public
housing units in a project. Loans or other obligations
entered into pursuant to this subsection shall be in such
form and denominations, have such maturities, and be subject
to such conditions as may be prescribed by regulations issued
by the Secretary.
``(2) The Secretary may prohibit a public housing agency
from obtaining a loan under this subsection only if the
rehabilitation or replacement housing proposed by a public
housing agency is inconsistent with its Public Housing Agency
Plan, as submitted under section 5A, or the proposed terms of
the guaranteed loan constitutes an unacceptable financial
risk to the public housing agency or for repayment of the
loan under this subsection.
``(3) Notwithstanding any other provision of this title,
funding allocated to a public housing agency under
subsections (d)(2) and (e)(2) of this section for capital and
operating funds is authorized for use in the payment of the
principal and interest due (including such servicing,
underwriting or other costs as may be specified in the
regulations of the secretary) on the loans or other
obligations entered into pursuant to this subsection.
``(4) The amount of any loan or other obligation entered
into under this subsection shall not exceed in total the pro-
rata amount of funds that would be allocated over a period
not to exceed 30 years under subsections (d)(2) and (e)(2) of
this section on a per unit basis as a percentage of the
number of units that are designated to be rehabilitated or
replaced under this subsection by a public housing agency as
compared to the total number of units in the public housing
development, as determined on the basis of funds made
available under such subsections (d)(2) and (e)(2) in the
previous year. Any reduction in the total amount of funds
provided to a public housing agency under this section in
subsequent years shall not reduce the amount of funds to be
paid under a loan entered into under this subsection but
instead shall reduce the capital and operating funds which
are available for the other housing units in the public
housing development in that fiscal year. Any additional
income, including the receipt of rental income from tenants,
generated by the rehabilitated or replaced units may be used
to establish a loan loss reserve for the public housing
agency to assist in the repayment of loans or other
obligations entered into under this subsection or to address
any shortfall in the operating or capital needs of the public
housing agency in any fiscal year.
``(5) Subject to appropriations, the Secretary may use
funds from the Public Housing Capital Fund to (A) establish a
loan loss reserve account within the Department of Housing
and Urban Development to minimize the risk of loss associated
with the repayment of loans made under this subsection, or
(B) make grants to a public housing agency for capital
investment needs or for the creation of a loan loss reserve
account to be used in conjunction with a loan made under this
subsection for the rehabilitation of a portion of public
housing or the development off-site of public housing in
mixed income developments (including demolition costs of the
public housing units to be replaced).
``(6) The Secretary may, to the extent approved in
appropriations Acts, assist in the payment of all or a
portion of the principal and interest amount due under the
loan or other obligation entered into under this subsection,
if the Secretary determines that the public housing agency is
unable to pay the amount it owes because of circumstances of
extreme hardship beyond the control of the public housing
agency.
``(7) Any loan or other obligation (including any mortgage
instrument) entered into under this subsection shall include
use restrictions that ensure the units rehabilitated or
developed under this subsection shall be reserved for
occupancy by families eligible for public housing under
section 3 of this Act, and such use restrictions shall
continue to apply to these units upon any default or
foreclosure.
``(8) The Secretary is authorized to provide mortgage
insurance upon such terms and conditions as may be
appropriate to underwrite any loan or other obligation
(including any mortgage instrument) entered into under this
subsection. The Secretary shall establish premiums to support
the cost of this mortgage insurance which shall be paid by
public housing agencies through funds made available under
subsections (d)(2) and (e)(2) of this section. The Secretary
shall maintain all units subject to a loan or other
obligation insured under this section as public housing upon
any default and foreclosure and shall establish upon such
terms and conditions as may be appropriate to ensure
repayment of any amounts that are owed upon default or
foreclosure.''.
Sec. 209. Notwithstanding any other provision of law, no
funds in this Act or in any other Act in any fiscal year,
including all future and prior fiscal years, may be used
hereafter by the Secretary of Housing and Urban Development
to provide any assistance or other funds for housing units
defined in section 9(n) of the United States Housing Act of
1937 (as in effect immediately before the enactment of this
Act) as ``covered locally developed public housing units''.
The States of New York and Massachusetts shall reimburse any
funds already made available under any appropriations Act for
these units to the Secretary of Housing and Urban Development
for reallocation to public housing agencies: Provided, That,
if either State fails to make such reimbursement within 12
months, the Secretary shall recapture such funds through
reductions from the amounts allocated to each State under
section 106 of the Housing and Community Development Act of
1974.
Sec. 210. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 211. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 212. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2003 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 213. (a) Section 9(n)(1) of the United States Housing
Act of 1937 is hereby repealed.
(b) Section 226 of the Departments of Veterans Affairs and
Housing and Urban development, and Independent Agencies
Appropriations Act, 1999, is hereby repealed.
(c) The amendment made by subsection (a) shall be deemed to
have taken effect on October 1, 1998.
(d) The amendment made by subsection (b) shall be deemed to
have taken effect on October 21, 1998.
Sec. 214. Notwithstanding any other provision of law, in
fiscal year 2003 and each fiscal year thereafter, in managing
and disposing of any multifamily property that is owned or
held by the Secretary and is occupied primarily by elderly or
disabled families, the Secretary of Housing and Urban
Development shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 that
are attached to any dwelling units in the property. To the
extent the Secretary determines that such a multifamily
property owned or held by the Secretary is not feasible for
continued rental assistance payments under such section 8,
the Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties or provide other rental assistance.
Sec. 215. (a) Section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end
the following:
``(22) Welfare-to-work housing voucher program.--
``(A) Renewal.--Upon renewal, incremental vouchers awarded
under this paragraph shall continue to be administered under
this paragraph
``(B) Eligible grantees.--A public housing agency
(including Indian tribes and tribally designated housing
entities, as defined by the Secretary) is eligible to receive
assistance under this paragraph if the public housing agency
demonstrates, to the satisfaction of the Secretary--
``(i) that the agency--

``(I) is effectively administering a voucher program;
``(II) is capable of leasing the allotted number of
welfare-to-work vouchers in the time allowed by the
Secretary; and
``(III) has included in the annual plan of the agency a
description of a program to provide welfare-to-work vouchers;
and

``(ii) that the agency--

``(I) is carrying out an effective welfare-to-work housing
program using Federal, State, or local funds (including
vouchers funded

[[Page S982]]

under the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 1999 (Public Law 105-276), or other vouchers), and has a
collaboration with the State, local, or tribal entities
administering the programs under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) and under the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)
that serve families in the jurisdiction; or
``(II) has entered into a memorandum of understanding with
the State, local, or tribal entities that administer the
programs under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) and under the Workforce Investment
Act of 1998 (29 U.S.C. 2811 et seq.) that serve families in
the jurisdiction, and such memoranda specify how the agencies
will collaborate with the public housing agency in
identifying eligible families, determining criteria for
selection among eligible families in light of the
circumstances in the jurisdiction, and providing payments and
services to families (including outreach to owners and case
management) so that families may obtain housing in an area of
greater employment opportunity or in proximity to a current
place of employment or transportation to employment and
overcome other barriers to obtaining or retaining employment.

``(C) Additional criteria for grantee selection.--The
Secretary--
``(i) may establish criteria in addition to that
established in subparagraph (B) for the selection of public
housing agencies that are eligible to receive assistance
under this paragraph; and
``(ii) shall consult with the Secretary of Health and Human
Services and the Secretary of Labor in determining additional
criteria under this subparagraph.
``(D) Eligible families.--Families selected to receive
assistance under this paragraph shall be--
``(i) receiving, or shall have received in the 2 years
preceding the date on which the family was selected to
receive assistance under this paragraph, assistance or other
payments (including benefits provided by payments to third
parties) or services funded under the Temporary Assistance
for Needy Families (TANF) program under part A of title IV of
the Social Security Act or as part of a qualified State
expenditure of a State under section 409(a)(7)(B)(i) of such
Act; and
``(ii) in need of housing voucher assistance as determined
by the public housing agency, the agency that administers the
Temporary Assistance for Needy Families program, or the
Workforce Investment Agency in order to obtain housing in an
area of greater employment opportunity or in proximity to a
current place of employment or transportation to employment;
participate effectively in a program to overcome barriers to
employment; or retain employment or increase hours of
employment.
``(E) Preference.--The Secretary shall give preference in
the award of assistance under this paragraph to public
housing agencies within a State--
``(i) with jurisdiction that minimizes the need to use the
procedures established under subsection (r) to allow families
to reside in areas with job opportunities; or
``(ii) that demonstrate, to the satisfaction of the
Secretary, that the procedures under subsection (r) do not
pose a barrier to the choice of housing for families.''.
Sec. 216. A public housing agency or such other entity that
administers Federal housing assistance in the states of
Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 in the states of Alaska, Iowa and Mississippi
shall establish an advisory board of not less than 6
residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 217. The Director of the Office of Management and
Budget and the Secretary of Housing and Urban Development
shall include as part of the fiscal year 2004 budget (and for
each budget in each succeeding fiscal year) for the
Department of Housing and Urban Development a separate line
in each account for the cost of contract rental renewals,
where applicable. The Budget Justifications for Department of
Housing and Urban Development shall include a five-year run-
out of the cost of all contract rental renewals.
Sec. 218. (a) Section 24(m)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking
``$600,000,000'' and all that follows through ``2002'' and
inserting the following: ``$574,000,000 for fiscal year
2003''.
(b) Section 24(n) of the United States Housing Act of 1937
(42 U.S.C. 1437v(n)) is amended by striking ``September 30,
2002'' and inserting ``September 30, 2004''.
Sec. 219. No funds in this Act or any other Act in any
fiscal year may hereafter be used by the Secretary of Housing
and Urban Development to waive any income eligibility
restrictions on housing that has been assisted under Section
8 of the United States Housing Act of 1937 unless explicitly
authorized by law.
Sec. 220. The Director of the Office of Budget in the
Department of Housing and Urban Development shall provide
quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, and
excess funds in each program and activity within the
jurisdiction of the Department of Housing and Urban
Development and shall submit additional, updated information
to these committees within 12 hours of any request.
Sec. 221. Section 204, as amended, of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997, Public Law
104-204 (12 U.S.C. 1715z-11a), is amended by inserting ``or
other sites as part of a revitalization plan that includes
such a property'' after the words ``on the properties (which
shall be eligible whether vacant or occupied)''.
Sec. 222. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2003
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted
units under lease and the per unit cost of these units to the
Department of Housing and Urban Development. This data shall
cover all units that are assisted by funds made available
under the ``Housing Certificate Fund''. This report should be
accurate within 30 days of submission.
Sec. 223. Notwithstanding the requirements regarding first-
time homebuyers in section 104 of the National Affordable
Housing Act of 1990 (42 U.S.C. 12704), the Enterprise Housing
Corporation of Maryland may use the remaining balance of the
grant award, H3-95MD0005-I-N, within the East Baltimore
Community of the City of Baltimore, Maryland.
Sec. 224. The part of the HUD Community Development Block
Grant to the State of Iowa which is administered by the Iowa
Department of Economic Development (grant number B99DC190001)
and which, in turn, was granted by the Iowa Department of
Economic Development to Benton County, Iowa (Benton County
contract number 01-WS-006-99), for the purpose of providing
safe potable water to residences of southern Benton County
through a distribution system constructed by Poweshiek Water
Association, is exempt from the provisions of section
104(g)(2), (g)(3) and (g)(4) of title I of the Housing and
Community Act of 1974, as amended.

TITLE III--INDEPENDENT AGENCIES

American Battle Monuments Commission

salaries and expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one for replacement only) and
hire of passenger motor vehicles; and insurance of official
motor vehicles in foreign countries, when required by law of
such countries, $30,400,000, to remain available until
expended.

Chemical Safety and Hazard Investigation Board

salaries and expenses

For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $7,850,000, of which $7,350,000 is to remain
available until September 30, 2003 and $500,000 is to remain
available until September 30, 2004: Provided, That the
Chemical Safety and Hazard Investigation Board shall have not
more than three career Senior Executive Service positions:
Provided further, That, hereafter, there shall be an
Inspector General at the Board who shall have the duties,
responsibilities, and authorities specified in the Inspector
General Act of 1978, as amended: Provided further, That an
individual appointed to the position of Inspector General of
the Federal Emergency Management Agency (FEMA) shall, by
virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That the
Inspector General of the Board shall utilize personnel of the
Office of Inspector General of FEMA in performing the duties
of the Inspector General of the Board, and shall not appoint
any individuals to positions within the Board.

Department of the Treasury

Community Development Financial Institutions

community development financial institutions fund program account

To carry out the Community Development Banking and
Financial Institutions Act of 1994, including services
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES-3,
$73,000,000, to remain available until September 30, 2004, of
which $5,000,000 shall be for technical assistance and
training programs designed to benefit Native American, Native
Hawaiian, and Alaskan Native communities and provided
primarily through

[[Page S983]]

qualified community development lenders organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations and other suitable providers,
and up to $10,750,000 may be used for administrative
expenses, including administration of the New Markets Tax
Credit, up to $6,000,000 may be used for the cost of direct
loans, and up to $250,000 may be used for administrative
expenses to carry out the direct loan program: Provided, That
the cost of direct loans, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $11,000,000.

Interagency Council on the Homeless

OPERATING EXPENSES

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) of the Interagency Council on
the Homeless in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,500,000.

Consumer Product Safety Commission

salaries and expenses

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $56,767,000.

Corporation for National and Community Service

national and community service programs operating expenses

(including transfer of funds)

For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out
programs, activities, and initiatives under the National and
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501
et seq.), $405,842,000, to remain available until September
30, 2004: Provided, That the Corporation shall enroll no more
than 50,000 members in the AmeriCorps programs: Provided
further, That not more than $32,500,000 shall be available
for administrative expenses authorized under section
501(a)(4): Provided further, That not more than $2,500 shall
be for official reception and representation expenses:
Provided further, That not more than $15,000,000, to remain
available until expended, shall be transferred to the
National Service Trust of which up to $5,000,000 shall be
available for national service scholarships for high school
students performing community service: Provided further, That
not more than $240,492,000 of the amount provided under this
heading shall be available for grants under the National
Service Trust program authorized under subtitle C of title I
of the Act (42 U.S.C. 12571 et seq.) (relating to activities
including the AmeriCorps program), of which not more than
$47,000,000 may be used to administer, reimburse, or support
any national service program authorized under section
121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided
further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be
provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided
further, That not more than $10,000,000 of the funds made
available under this heading shall be made available for the
Points of Light Foundation for activities authorized under
title III of the Act (42 U.S.C. 12661 et seq.), of which not
more than $2,500,000 may be used to support an endowment
fund, the corpus of which shall remain intact and the
interest income from which shall be used to support
activities described in title III of the Act, provided that
the Foundation may invest the corpus and income in federally
insured bank savings accounts or comparable interest bearing
accounts, certificates of deposit, money market funds, mutual
funds, obligations of the United States, and other market
instruments and securities but not in real estate
investments: Provided further, That no funds shall be
available for national service programs run by Federal
agencies authorized under section 121(b) of such Act (42
U.S.C. 12571(b)): Provided further, That to the maximum
extent practicable, the Corporation shall increase
significantly the level of matching funds and in-kind
contributions provided by the private sector, and shall
reduce the total Federal costs per participant in all
programs: Provided further, That not more than $25,000,000 of
the funds made available under this heading shall be
available for the Civilian Community Corps authorized under
subtitle E of title I of the Act (42 U.S.C. 12611 et seq.):
Provided further, That not more than $43,000,000 shall be
available for school-based and community-based service-
learning programs authorized under subtitle B of title I of
the Act (42 U.S.C. 12521 et seq.): Provided further, That not
more than $29,850,000 shall be available for quality and
innovation activities authorized under subtitle H of title I
of the Act (42 U.S.C. 12853 et seq.), of which $10,000,000
shall be available for challenge grants to non-profit
organizations: Provided further, That not more than
$5,000,000 of the funds made available under this heading
shall be made available to America's Promise--The Alliance
for Youth, Inc.: Provided further, That not more than
$5,000,000 shall be available for audits and other
evaluations authorized under section 179 of the Act (42
U.S.C. 12639).

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $6,900,000, to remain available until September 30,
2004.

administrative provisions

Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7)
of the National and Community Service Act.
Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and
Community Service Act to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.

U.S. Court of Appeals for Veterans Claims

salaries and expenses

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
38 U.S.C. 7251-7298, $14,612,000 of which $1,045,000 shall be
available for the purpose of providing financial assistance
as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public
Law 102-229.

Department of Defense--Civil

Cemeterial Expenses, Army

salaries and expenses

For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $24,445,000, to remain
available until expended.

Department of Health and Human Services

National Institutes of Health

national institute of environmental health sciences

For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $76,074,000.

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $81,000,000, to be derived from the
Hazardous Substance Superfund Trust Fund pursuant to section
517(a) of SARA (26 U.S.C. 9507): Provided, That
notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
incluidng, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
health care providers: Provided further, That in performing
any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by
the deadlines in section 104(i)(6)(A) of CERCLA: Provided
further, That none of the funds appropriated under this
heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2003, and existing profiles may be updated
as necessary.

Environmental Protection Agency

science and technology

For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the

[[Page S984]]

maximum rate payable for senior level positions under 5
U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$75,000 per project, $707,203,000, which shall remain
available until September 30, 2004.

environmental programs and management

For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to
exceed $19,000 for official reception and representation
expenses, $2,136,569,000, which shall remain available until
September 30, 2004, including administrative costs of the
brownfields program under the Small Business Liability Relief
and Brownfields Revitalization Act of 2002.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $75,000 per project, $37,325,000, to remain available
until September 30, 2004.

buildings and facilities

For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$42,918,000, to remain available until expended.

Hazardous Substance Superfund

(including transfers of funds)

For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,272,888,000, to remain available until expended,
consisting of $636,444,000, as authorized by section 517(a)
of the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended by Public Law 101-508, and $636,444,000 as
a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading,
$12,742,000 shall be transferred to the ``Office of Inspector
General'' appropriation to remain available until September
30, 2004, and $86,168,000 shall be transferred to the
``Science and technology'' appropriation to remain available
until September 30, 2004.

leaking underground storage tank trust fund

For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$72,313,000, to remain available until expended.

oil spill response

For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $15,581,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.

state and tribal assistance grants

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,920,639,000, to remain
available until expended, of which $1,425,000,000 shall be
for making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); $875,000,000 shall be
for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water
Act, as amended, except that, notwithstanding section 1452(n)
of the Safe Drinking Water Act, as amended, none of the funds
made available under this heading in this Act, or in previous
appropriations Acts, shall be reserved by the Administrator
for health effects studies on drinking water contaminants;
$75,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; $45,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages;
$3,000,000 shall be for remediation of above ground leaking
fuel tanks pursuant to Public Law 106-554; $126,000,000, in
addition to $2,241,450 previously appropriated under this
heading in Public Law 106-74, shall be for making grants for
the construction of wastewater and water treatment facilities
and groundwater protection infrastructure in accordance with
the terms and conditions specified for such grants in the
statement of the Committee on Appropriations submitted for
the record accompanying this Act; $120,500,000 shall be to
carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA),
as amended, including grants, interagency agreements, and
associated program support costs; and $1,123,835,000 shall be
for grants, including associated program support costs, to
States, federally recognized tribes, interstate agencies,
tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and
abatement and related activities, including activities
pursuant to the provisions set forth under this heading in
Public Law 104-134, and for making grants under section 103
of the Clean Air Act for particulate matter monitoring and
data collection activities subject to terms and conditions
specified by the Administrator, of which $50,000,000 shall be
for carrying out section 128 of CERCLA, as amended: Provided,
That for fiscal year 2003, State authority under section
302(a) of Public Law 104-182 shall remain in effect: Provided
further, That for fiscal year 2003, and notwithstanding
section 518(f) of the Act, the Administrator is authorized to
use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes
pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2003, notwithstanding the
limitation on amounts in section 518(c) of the Act, up to a
total of 1\1/2\ percent of the funds appropriated for State
Revolving Funds under title VI of that Act may be reserved by
the Administrator for grants under section 518(c) of such
Act: Provided further, That no funds provided by this
legislation to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure.
The referenced statement of the managers under this heading
in Public Law 106-74 is deemed to be amended by striking
everything after ``137.'' in reference to item number 137 and
inserting, ``$2,739,550 for the City of Welch, West Virginia,
for water and sewer extensions to the Indian Ridge Industrial
Park''.

administrative provisions

For fiscal year 2003, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally-
recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian Tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
None of the funds appropriated or otherwise made available
by this Act may be used to promulgate a final regulation to
implement changes in the payment of pesticide tolerance
processing fees as published on June 9, 1999, in the Federal
Register (64 Fed. Reg. pages 31040 through 31050). The
Environmental Protection Agency shall promulgate a final
regulation to implement changes in the payment of pesticide
tolerance processing fees no later than September 30, 2003.
Any final regulation promulgated to implement changes in the
payment of pesticide tolerance processing fees shall not
require the payment of retroactive fees.
The Environmental Protection Agency may not use any of the
funds appropriated or otherwise made available by this Act to
implement the Registration Fee system codified at 40 Code of
Federal Regulations Subpart U (sections 152.400 et seq.) if
its authority to collect maintenance fees pursuant to FIFRA
section 4(i)(5) is extended for at least 1 year beyond
September 30, 2002.
Section 136a-1 of title 7, U.S.C. is amended--
(1) in subsection (i)(5)(C)(i) by striking ``$17,000,000
fiscal year 2002'' and inserting ``$23,200,000 for fiscal
year 2003'';
(2) in subsection (i)(5)(H) by striking ``2002'' and
inserting ``2003'';
(3) in subsection (i)(6) by striking ``2002'' and inserting
``2003''; and
(4) in subsection (k)(3)(A) by striking ``2002'' and
inserting ``2003''.

Executive Office of the President

office of science and technology policy

For necessary expenses of the Office of Science and
Technology Policy, in carrying

[[Page S985]]

out the purposes of the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, not to exceed $2,500
for official reception and representation expenses, and
rental of conference rooms in the District of Columbia,
$5,368,000.

council on environmental quality and office of environmental quality

For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,031,000: Provided, That, notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.

Federal Deposit Insurance Corporation

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $30,848,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and
the FSLIC Resolution Fund.

Federal Emergency Management Agency

disaster relief

(including transfer of funds)

For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $842,843,000, and, notwithstanding 42
U.S.C. 5203, to remain available until expended, of which not
to exceed $2,900,000 may be transferred to ``Emergency
management planning and assistance'' for the consolidated
emergency management performance grant program; and not to
exceed $21,577,000 may be transferred to the Office of
Inspector General for audits and investigations.

national pre-disaster mitigation fund

For a pre-disaster mitigation grant program pursuant to 42
U.S.C. 5131 et seq., $25,000,000, to remain available until
expended: Provided, That grants shall be awarded on a
competitive basis subject to the criteria in 42 U.S.C.
5133(g): Provided further, That notwithstanding 42 U.S.C.
5133(f), grant awards shall be made without reference to
State allocations, quotas, or other formula-based allocations
of funds.

disaster assistance direct loan program account

For the cost of direct loans, $557,000 as authorized by
section 319 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: 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, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the
direct loan program, $557,000.

salaries and expenses

For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles as authorized
by 31 U.S.C. 1343; uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376; expenses of
attendance of cooperating officials and individuals at
meetings concerned with the work of emergency preparedness;
transportation in connection with the continuity of
Government programs to the same extent and in the same manner
as permitted the Secretary of a Military Department under 10
U.S.C. 2632; and not to exceed $2,500 for official reception
and representation expenses, $239,690,000.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $17,754,000: Provided, That notwithstanding any
other provision of law, the Inspector General of the Federal
Emergency Management Agency shall hereafter also serve as the
Inspector General of the Chemical Safety and Hazard
Investigation Board.

emergency management planning and assistance

(including transfer of funds)

For necessary expenses, not otherwise provided for, to
carry out activities under the National Flood Insurance Act
of 1968, as amended, and the Flood Disaster Protection Act of
1973, as amended (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire
Prevention and Control Act of 1974, as amended (15 U.S.C.
2201 et seq.), the Defense Production Act of 1950, as amended
(50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947, as amended (50 U.S.C. 404-
405), and Reorganization Plan No. 3 of 1978, $1,615,214,000:
Provided, That $900,000,000 shall be for programs as
authorized be section 33 of the Federal Fire Prevention and
Control Act of 1974, as amended (15 U.S.C. 2201 et seq.):
Provided further, That up to 5 percent of this amount shall
be transferred to ``Salaries and expenses'' for program
administration: Provided further, That of the amount provided
under this heading: $114,000,000 shall be for grants for
interoperable communications equipment; $114,000,000 shall be
for grants for emergency operations centers; $75,000,000
shall be for Urban Search and Rescue Teams; $75,000,000 shall
be for grants for state and local emergency planning;
$15,000,000 shall be for Community Emergency Response Teams;
$60,000,000 shall be for emergency responder training
programs; $15,000,000 shall be for mutual aid agreements; and
$1,100,000 for security clearances for State and local
emergency management personnel.

radiological emergency preparedness fund

The aggregate charges assessed during fiscal year 2003, as
authorized by Public Law 106-377, shall not be less than 100
percent of the amounts anticipated by FEMA necessary for its
radiological emergency preparedness program for the next
fiscal year. The methodology for assessment and collection of
fees shall be fair and equitable; and shall reflect costs of
providing such services, including administrative costs of
collecting such fees. Fees received pursuant to this section
shall be deposited in the Fund as offsetting collections and
will become available for authorized purposes on October 1,
2003, and remain available until expended.

CERRO GRANDE FIRE CLAIMS

For an additional amount for ``Cerro Grande Fire Claims'',
up to $100,000,000 shall be made available for claims
resulting from the Cerro Grande fires: Provided, That up to
$5,000,000 may be made available for administrative purposes.

emergency food and shelter program

To carry out an emergency food and shelter program pursuant
to title III of Public Law 100-77, as amended, $153,000,000,
to remain available until expended: Provided, That total
administrative costs shall not exceed 3\1/2\ percent of the
total appropriation.

flood map modernization fund

For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968, $100,000,000, and such
additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2), to remain
available until expended.

national flood insurance fund

(including transfer of funds)

For activities under the National Flood Insurance Act of
1968 (``Act'') and the Flood Disaster Protection Act of 1973,
as amended, not to exceed $32,393,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations, and not to exceed $77,666,000 for flood
mitigation, to remain available until September 30, 2004,
including up to $20,000,000 for expenses under section 1366
of the Act, which amount shall be available for transfer to
the National Flood Mitigation Fund until September 30, 2004,
and which amounts shall be derived from offsetting
collections assessed and collected pursuant to 42 U.S.C.
4014, and shall be retained and used for necessary expenses
under this heading: Provided, That beginning in fiscal year
2003 and thereafter, fees authorized in 42 U.S.C.
4014(a)(1)(B)(iii) shall be collected only if provided in
advance in appropriations acts. In fiscal year 2003, no funds
in excess of: (1) $55,000,000 for operating expenses; (2)
$529,380,000 for agents' commissions and taxes; and (3)
$40,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without
prior notice to the Committees on Appropriations.
Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as
amended, is further amended by striking ``2002'' and
inserting ``2007''.
Section 1319 of the Act, as amended (42 U.S.C. 4026), is
amended by striking ``December 31, 2002'' and inserting
``December 31, 2007''.
Section 1336(a) of the Act, as amended (42 U.S.C. 4056), is
amended by striking ``December 31, 2002'' and inserting
``December 31, 2007''.
Section 1376(c) of the Act, as amended (42 U.S.C. 4127(c)),
is amended by striking ``December 31, 2002'' and inserting
``December 31, 2007''.
The above 4 amendments will be deemed effective on January
1, 2003.

national flood mitigation fund

(including transfer of funds)

Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of
the National Flood Insurance Act of 1968, as amended,
$20,000,000, to remain available until September 30, 2004,
for activities designed to reduce the risk of flood damage to
structures pursuant to such Act, of which $20,000,000 shall
be derived from the National Flood Insurance Fund.

General Services Administration

federal consumer information center fund

For necessary expenses of the Federal Consumer Information
Center, including services authorized by 5 U.S.C. 3109,
$12,541,000, to be deposited into the Federal Consumer
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for

[[Page S986]]

necessary expenses of Federal Consumer Information Center
activities in the aggregate amount of $18,000,000.
Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2003 in excess of $18,000,000 shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.

National Aeronautics and Space Administration

human space flight

(including transfer of funds)

For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and
development activities, including research, development,
operations, support and services; maintenance; construction
of facilities including repair, rehabilitation,
revitalization and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and
restoration, and acquisition or condemnation of real
property, as authorized by law; space flight, spacecraft
control and communications activities including operations,
production, and services; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $6,095,900,000, to
remain available until September 30, 2004, of which amounts
as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; science, engineering,
fabricating and testing services; and other administrative
services may be transferred to ``Science, aeronautics and
technology'' in accordance with section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377.

science, aeronautics and technology

(including transfer of funds)

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and technology
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and
restoration, and acquisition or condemnation of real
property, as authorized by law; space flight, spacecraft
control and communications activities including operations,
production, and services; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $9,003,000,000, to
remain available until September 30, 2004, of which amounts
as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; science, engineering,
fabricating and testing services; and other administrative
services may be transferred to ``Human space flight'' in
accordance with section 312(b) of the National Aeronautics
and Space Act of 1958, as amended by Public Law 106-377.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $26,600,000.

administrative provisions

Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science,
aeronautics and technology'' by this appropriations Act, when
any activity has been initiated by the incurrence of
obligations for construction of facilities as authorized by
law, such amount available for such activity shall remain
available until expended. This provision does not apply to
the amounts appropriated for institutional minor
revitalization and construction of facilities, and
institutional facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science,
aeronautics and technology'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2005.
Notwithstanding the limitation on the availability of funds
appropriated for ``Office of Inspector General'', amounts
made available by this Act for personnel and related costs
and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30,
2003 and may be used to enter into contracts for training,
investigations, costs associated with personnel relocation,
and for other services, to be provided during the next fiscal
year. Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
None of the funds provided in fiscal year 2003 under the
heading ``Science, Aeronautics and Technology'' may be used
to purchase items proposed for acquisition in RFP5-55151-GCE.

National Credit Union Administration

central liquidity facility

During fiscal year 2003, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2003 shall not exceed $309,000.

community development revolving loan fund

For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000
shall be available: Provided, That $700,000, together with
amounts of principal and interest on loans repaid, is
available until expended for loans to community development
credit unions and $300,000 is available until September 30,
2004 for technical assistance to low-income and community
development credit unions.

National Science Foundation

Research and Related Activities

For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,081,650,000, of which not to exceed
$320,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to
other Federal agencies for operational and science support
and logistical and other related activities for the United
States Antarctic program; the balance to remain available
until September 30, 2004: Provided, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science
Foundation supported research facilities may be credited to
this appropriation: Provided further, That to the extent that
the amount appropriated is less than the total amount
authorized to be appropriated for included program
activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally:
Provided further, That $85,000,000 of the funds available
under this heading shall be made available for a
comprehensive research initiative on plant genomes for
economically significant crops.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended,
including authorized travel, $59,280,000, to remain available
until expended.

education and human resources

For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $932,730,000,
to remain available until September 30, 2004: Provided, That
to the extent that the amount of this appropriation is less
than the total amount authorized to be appropriated for
included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those
program activities or their subactivities shall be reduced
proportionally.

salaries and expenses

For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $9,000 for
official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for
security guard services; $182,160,000: Provided, That
contracts may be entered into under ``Salaries and expenses''
in fiscal year 2003 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.

office of the NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$3,500,000: Provided, That not more than $9,000 shall be
available for official reception and representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $9,660,000, to remain available until September 30,
2004.

[[Page S987]]

Neighborhood Reinvestment Corporation

payment to the neighborhood reinvestment corporation

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $110,000,000, of which $5,000,000
shall be for a homeownership program that is used in
conjunction with section 8 assistance under the United States
Housing Act of 1937, as amended; and of which $5,000,000
shall be for a multi-family rental housing program.

Selective Service System

salaries and expenses

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $26,480,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.

TITLE IV--GENERAL PROVISIONS

Sec. 401. Where appropriations in titles I, II, and III of
this Act are expendable for travel expenses and no specific
limitation has been placed thereon, the expenditures for such
travel expenses may not exceed the amounts set forth therefor
in the budget estimates submitted for the appropriations:
Provided, That this provision does not apply to accounts that
do not contain an object classification for travel: Provided
further, That this section shall not apply to travel
performed by uncompensated officials of local boards and
appeal boards of the Selective Service System; to travel
performed directly in connection with care and treatment of
medical beneficiaries of the Department of Veterans Affairs;
to travel performed in connection with major disasters or
emergencies declared or determined by the President under the
provisions of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; to travel performed by the Offices
of Inspector General in connection with audits and
investigations; or to payments to interagency motor pools
where separately set forth in the budget schedules: Provided
further, That if appropriations in titles I, II, and III
exceed the amounts set forth in budget estimates initially
submitted for such appropriations, the expenditures for
travel may correspondingly exceed the amounts therefor set
forth in the estimates only to the extent such an increase is
approved by the Committees on Appropriations.
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 403. No funds appropriated by this Act may be
expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is part of, a
voucher or abstract which describes the payee or payees and
the items or services for which such expenditure is being
made; or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract, is
specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law
from such audit.
Sec. 404. None of the funds provided in this Act to any
department or agency may be obligated or expended for: (1)
the transportation of any officer or employee of such
department or agency between the domicile and the place of
employment of the officer or employee, with the exception of
an officer or employee authorized such transportation under
31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) to provide a cook,
chauffeur, or other personal servants to any officer or
employee of such department or agency.
Sec. 405. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients
that do not share in the cost of conducting research
resulting from proposals not specifically solicited by the
Government: Provided, That the extent of cost sharing by the
recipient shall reflect the mutuality of interest of the
grantee or contractor and the Government in the research.
Sec. 406. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for level IV
of the Executive Schedule, unless specifically authorized by
law.
Sec. 407. None of the funds provided in this Act may be
used to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory
proceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section 7 of
the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 408. Except as otherwise provided under existing law,
or under an existing Executive Order issued pursuant to an
existing law, the obligation or expenditure of any
appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are: (1) a matter
of public record and available for public inspection; and (2)
thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on
which the list is made available to the public and of all
contracts on which performance has not been completed by such
date. The list required by the preceding sentence shall be
updated quarterly and shall include a narrative description
of the work to be performed under each such contract.
Sec. 409. Except as otherwise provided by law, no part of
any appropriation contained in this Act shall be obligated or
expended by any executive agency, as referred to in the
Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.), for a contract for services unless such executive
agency: (1) has awarded and entered into such contract in
full compliance with such Act and the regulations promulgated
thereunder; and (2) requires any report prepared pursuant to
such contract, including plans, evaluations, studies,
analyses and manuals, and any report prepared by the agency
which is substantially derived from or substantially includes
any report prepared pursuant to such contract, to contain
information concerning: (A) the contract pursuant to which
the report was prepared; and (B) the contractor who prepared
the report pursuant to such contract.
Sec. 410. None of the funds appropriated in title I of this
Act shall be used to enter into any new lease of real
property if the estimated annual rental is more than $300,000
unless the Secretary submits a report which the Committees on
Appropriations of the Congress approve within 30 days
following the date on which the report is received.
Sec. 411. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
Sec. 412. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management
and Budget Circular A-21.
Sec. 413. Such sums as may be necessary for fiscal year
2003 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 414. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 415. Except in the case of entities that are funded
solely with Federal funds or any natural persons that are
funded under this Act, none of the funds in this Act shall be
used for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties to
lobby or litigate in respect to adjudicatory proceedings
funded in this Act. A chief executive officer of any entity
receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the
Federal Government or in litigation against the United States
unless authorized under existing law.
Sec. 416. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 417. All Departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 418. Appropriations and funds available for the
administrative expenses of the Department of Housing and
Urban Development and the Selective Service System shall be
available in the current fiscal year for purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C.
5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 419. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
procure passenger automobiles as defined in 15 U.S.C. 2001
with an EPA estimated miles per gallon average of less than
22 miles per gallon.
Sec. 420. Notwithstanding 42 U.S.C. 5196c, amounts provided
in Public Law 107-117 and subsequent appropriations Acts for
the construction of emergency operations centers (or similar
facilities) shall only require a 25 percent match non-Federal
share.

[[Page S988]]

Sec. 421. Subsection (b) of section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229) is
amended by adding at the end the following new paragraph
(12):
``(12) Eligible grantee on behalf of alaska native
villages.--The Alaska Village Initiatives, a non-profit
organization incorporated in the State of Alaska, shall be
considered an eligible grantee for purposes of receiving
assistance under this section on behalf of Alaska Native
villages.''.
Sec. 422. The Director of the Department of Homeland
Security is authorized to acquire fee title to up to 178.5
acres of undeveloped property on the North and West sides of
Virginia Routes 601 and 605 in Clarke County and Loudoun
County, Virginia, adjacent to a Federal Emergency Management
Agency facility in Clarke County and Loudoun County,
Virginia.
This division may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2003''.

DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS

Sec. 101. General.--The Homeland Security Act of 2002
(Public Law 107-296) is amended--
(1) in section 308, by striking subsections (a) through
(c)(1) and inserting in lieu thereof the following:
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural
and intramural programs.
``(b) Extramural Programs.--
``(1) In general.--The Secretary, acting through the Under
Secretary for Science and Technology, shall operate
extramural research, development, demonstration, testing, and
evaluation programs so as to--
``(A) ensure that colleges, universities, private research
institutes, and companies (and consortia thereof) from as
many areas of the United States as practicable participate;
``(B) ensure that the research funded is of high quality,
as determined through merit review processes developed under
section 302(14); and
``(C) distribute funds through grants, cooperative
agreements, and contracts.
``(2) University-based centers for homeland security.--
``(A) Designation.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate a
university-based center or several university-based centers
for homeland security. The purpose of the center or these
centers shall be to establish a coordinated, university-based
system to enhance the Nation's homeland security.
``(B) Criteria for designation.--Criteria for the
designation of colleges or universities as a center for
homeland security, shall include, but are not limited to,
demonstrated expertise in--
``(i) The training of first responders.
``(ii) Responding to incidents involving weapons of mass
destruction and biological warfare.
``(iii) Emergency and diagnostic medical services.
``(iv) Chemical, biological, radiological, and nuclear
countermeasures or detection.
``(v) Animal and plant health and diagnostics.
``(vi) Food safety.
``(vii) Water and wastewater operations.
``(viii) Port and waterway security.
``(ix) Multi-modal transportation.
``(x) Information security and information engineering.
``(xi) Engineering.
``(xii) Educational outreach and technical assistance.
``(xiii) Border transportation and security.
``(xiv) The public policy implications and public
dissemination of homeland security related research and
development.
``(C) Discretion of secretary.--With respect to the
designation of any given university-based center for homeland
security, the Secretary may except certain criteria as
specified in 308(b)(2)(B) to the extent they are unnecessary
to further homeland security interests for the purpose of
that designation, and consider additional criteria beyond
those specified in 308(b)(2)(B) if necessary to meet the
needs of homeland security. Upon designation of a university-
based center for homeland security, the Secretary shall that
day publish in the Federal Register the criteria that were
excepted or added in the selection process and the
justification for the set of criteria that were used for that
designation.
``(D) Report to congress.--The Secretary shall report
annually, from the date of enactment, to Congress concerning
the implementation of this section. That report shall
indicate which center or centers have been designated and how
the designation or designations enhance homeland security, as
well as report any decisions to revoke or modify such
designations.
``(E) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this paragraph.
``(c) Intramural Programs.--
``(1) Consultation.--In carrying out the duties under
section 302, the Secretary, acting through the Under
Secretary for Science and Technology, may draw upon the
expertise of any laboratory of the Federal Government,
whether operated by a contractor or the Government.''; and
(2) in subsection 835(d) by striking all after the word
``security'' and inserting in lieu thereof a period.
Sec. 102. Non-Prejudicial Repeal of Sections 1714 Through
1717 of the Homeland Security Act of 2002. (a) Repeal.--In
accordance with subsection (c), sections 1714 through 1717 of
the Homeland Security Act of 2002 (Public Law 107-296) are
repealed.
(b) Application of the Public Health Service Act.--The
Public Health Service Act (42 U.S.C. 201 et seq.) shall be
applied and administered as if the sections repealed by
subsection (a) had never been enacted.
(c) Rule of Construction.--No inference shall be drawn from
the enactment of sections 1714 through 1717 of the Homeland
Security Act of 2002 (Public Law 107-296), or from this
repeal, regarding the law prior to enactment of sections 1714
through 1717 of the Homeland Security Act of 2002 (Public Law
107-296). Further, no inference shall be drawn that
subsection (a) or (b) effects any change in that prior law,
or that Leroy v. Secretary of Health and Human Services,
Office of Special Master, No. 02-392V (October 11, 2002), was
incorrectly decided.
(d) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Nation's ability to produce and develop new and
effective vaccines faces significant challenges, and
important steps are needed to revitalize our immunization
efforts in order to ensure an adequate supply of vaccines and
to encourage the development of new vaccines;
(2) these steps include ensuring that patients who have
suffered vaccine-related injuries have the opportunity to
seek fair and timely redress, and that vaccine manufacturers,
manufacturers of components or ingredients of vaccines, and
physicians and other administrators of vaccines have adequate
protections;
(3) prompt action is particularly critical given that
vaccines are a front line of defense against common childhood
and adult diseases, as well as against current and future
biological threats; and
(4) not later than 6 months after the date of enactment of
this Act, the Committee on Health, Education, Labor, and
Pensions of the Senate should report a bill addressing the
issues described in paragraphs (1) through (3).
Sec. 103. General.--The Homeland Security Act of 2002
(Public Law 107-296) is amended--
(1) in subsection 232(f), by striking the period at the end
of the sentence and inserting: ``: Provided, That any such
transfer or provision of funding shall be carried out in
accordance with section 605 of Public Law 107-77.'';
(2) in subsection 234(b), by striking the period at the end
of the sentence and inserting: ``: Provided, That any such
transfer shall be carried out in accordance with section 605
of Public Law 107-77.'';
(3) in subsection 873(b)--
(A) by inserting ``Except as authorized by section 2601 of
title 10, United States Code, and by section 93 of title 14,
United States Code,'' before the word ``Gifts'' in the second
place it appears; and
(B) by striking the letter ``G'' and inserting in lieu
thereof ``g'' in the word ``Gifts'' in the second place it
appears;
(4) in subsection 1511(e)(2), after the word
``development'' and before the period, by inserting: ``, and
to any funds provided to the Coast Guard from the Aquatic
Resources Trust Fund of the Highway Trust Fund for boating
safety programs''; and
(5) at the end of the Act, by adding the following new
section:
``Sec. 1714. Notwithstanding any other provision of this
Act, any report, notification, or consultation addressing
directly or indirectly the use of appropriated funds and
stipulated by this Act to be submitted to, or held with, the
Congress or any Congressional committee shall also be
submitted to, or held with, the Committees on Appropriations
of the Senate and the House of Representatives under the same
conditions and with the same restrictions as stipulated by
this Act.''.

DIVISION M--OTHER MATTERS

TITLE I--DEFENSE RELATED TECHNICAL CORRECTIONS

Sec. 101. Section 8126 of Public Law 107-248 is amended to
read as follows: ``Of the amounts appropriated in Public Law
107-206, under the heading `Defense Emergency Response Fund',
up to $4,500,000 may be made available to settle the disputed
takings of property adjacent to the Army Tooele Depot, Utah:
Provided, That none of these funds may be used to acquire fee
title to the properties.''.
Sec. 102. Of the amounts appropriated in Public Law 107-
248, under the heading ``Operation and Maintenance, Navy'',
$20,000,000 shall be available for use only in the disposal
of obsolete vessels in the Maritime Administration National
Defense Reserve Fleet. Further, the Secretary of the Navy and
the Secretary of Transportation shall report to the
congressional defense committees no later than March 1, 2003,
regarding the total number of obsolete vessels in the
Maritime Administration National Defense Reserve Fleet
designated for disposal, the comparative condition of the
vessels, the method of disposal, and the projected costs for
disposal of each vessel.
Sec. 103. Section 124 of Public Law 107-249 is amended as
follows: ``Not more than $2,000,000 of the funds appropriated
or made available by this Act may be obligated for
Partnership for Peace Programs.''.
Sec. 104. In Public Law 107-249, the total amount
appropriated under the heading

[[Page S989]]

``Military Construction, Air Force'' is reduced by
$18,600,000, and the total amount appropriated under the
heading ``Military Construction, Air Force Reserve'' is
increased by $18,600,000.
Sec. 105. (a) Of the funds appropriated in Public Law 107-
249 for ``Military Construction, Air Force'', $15,000,000 for
land acquisition at Nellis Air Force Base, Nevada, may be
transferred by the Secretary of the Air Force to the United
States Fish and Wildlife Service to fulfill the obligations
of the Air Force under section 3011(b)(5)(F) of the Military
Lands Withdrawal Act of 1999. Upon receipt by the Service of
the funds transferred in this paragraph, the obligations of
the Department of the Air Force shall be considered
fulfilled.
(b) The United States Fish and Wildlife Service may grant
funds received by the Service under subsection (a) in a lump
sum to the National Fish and Wildlife Foundation for use in
accomplishing the purposes of section 3011(b)(5)(F) of the
Military Lands Withdrawal Act of 1999. Funds received by the
Foundation under the previous paragraph shall be subject to
the provisions of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709(a)).
Sec. 106. Section 8040 of Public Law 107-248 is amended by
striking ``$100,000'' and inserting ``$250,000''.
Sec. 107. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds:
Provided, That the amounts transferred shall be made
available for the same purpose as the appropriations to which
transferred, and for the same time period as the
appropriation from which transferred: Provided further, That
the amounts shall be transferred between the following
appropriations in the amount specified:
To:
Under the heading, ``Procurement, Defense-Wide, 2003/
2005'', $74,000,000; and
``Procurement, Defense-Wide 2002/2004'' $30,000,000;
From:
Under the heading, ``Procurement of Weapons and Tracked
Combat Vehicles, Army 2002/2004'', $5,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army
2003/2005'', $10,000,000;
``Procurement of Ammunition, Army, 2002/2004'',
$10,100,000;
``Research, Development, Test and Evaluation, Army, 2002/
2003'', $5,000,000;
``Research, Development, Test and Evaluation, Army, 2003/
2004'', $60,000,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2003/2004'', $13,900,000.
Sec. 108. Notwithstanding any other provision of law, from
funds made available to the Department of Defense under the
heading ``Operation and Maintenance, Defense-Wide'' in the
Department of Defense Appropriations Act, 2003 (Public Law
107-248), the Secretary of Defense shall award a grant in the
amount of $2,000,000 to the Commonwealth of Pennsylvania for
Quecreek Mine disaster rescue and recovery efforts.
Sec. 109. In addition to amounts appropriated in Public Law
107-248 there are hereby appropriated the following amounts
for the following accounts:
``Operation and Maintenance, Army'', $133,947,000;
``Operation and Maintenance, Navy'', $55,013,000;
``Operation and Maintenance, Air Force'', $80,158,000;
``Operation and Maintenance, Defense-Wide'', $418,297,000;
``Other Procurement, Air Force'', $2,977,841,000;
``Procurement, Defense-Wide'', $32,975,000;
``Research, Development, Test and Evaluation, Navy'',
$2,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$26,980,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $167,718,000.
Sec. 110. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).

TITLE II

PRICE-ANDERSON ACT AMENDMENTS

SEC. 201. SHORT TITLE.

This title may be cited as the ``Price-Anderson Amendments
Act of 2002''.

SEC. 202. EXTENSION OF INDEMNIFICATION AUTHORITY.

(a) Indemnification of Nuclear Regulatory Commission
Licensees.--Section 170 c. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(c)) is amended--
(1) in the subsection heading, by striking ``Licenses'' and
inserting ``Licensees''; and
(2) by striking ``August 1, 2002'' each place it appears
and inserting ``August 1, 2017''.
(b) Indemnification of Department of Energy Contractors.--
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(d)(1)(A)) is amended by striking ``August 1,
2002'' and inserting ``August 1, 2017''.
(c) Indemnification of Nonprofit Educational
Institutions.--Section 170 k. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(k)) is amended by striking ``August 1,
2002'' each place it appears and inserting ``August 1,
2017''.
(d) Effective Date.--The indemnification authority extended
by this section shall apply to nuclear incidents occurring on
or after August 1, 2002.

SEC. 203. MAXIMUM ASSESSMENT.

Section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) is amended--
(1) in the second proviso of the third sentence of
subsection b.(1)--
(A) by striking ``$63,000,000'' and inserting
``$94,000,000''; and
(B) by striking ``$10,000,000 in any 1 year'' and inserting
``$15,000,000 in any 1 year (subject to adjustment for
inflation under subsection t.)''; and
(2) in subsection t.(1)--
(A) by inserting ``total and annual'' after ``amount of the
maximum'';
(B) by striking ``the date of the enactment of the Price-
Anderson Amendments Act of 1988'' and inserting ``July 1,
2002''; and
(C) by striking ``such date of enactment'' and inserting
``July 1, 2002''.

SEC. 204. DEPARTMENT OF ENERGY LIABILITY LIMIT.

(a) Indemnification of Department of Energy Contractors.--
Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)) is amended by striking paragraph (2) and inserting
the following:
``(2) In an agreement of indemnification entered into under
paragraph (1), the Secretary--
``(A) may require the contractor to provide and maintain
financial protection of such a type and in such amounts as
the Secretary shall determine to be appropriate to cover
public liability arising out of or in connection with the
contractual activity; and
``(B) shall indemnify the persons indemnified against such
liability above the amount of the financial protection
required, in the amount of $10,000,000,000 (subject to
adjustment for inflation under subsection t.), in the
aggregate, for all persons indemnified in connection with the
contract and for each nuclear incident, including such legal
costs of the contractor as are approved by the Secretary.''.
(b) Contract Amendments.--Section 170 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by
striking paragraph (3) and inserting the following:
``(3) All agreements of indemnification under which the
Department of Energy (or its predecessor agencies) may be
required to indemnify any person under this section shall be
deemed to be amended, on the date of enactment of the Price-
Anderson Amendments Act of 2002, to reflect the amount of
indemnity for public liability and any applicable financial
protection required of the contractor under this
subsection.''.
(c) Liability Limit.--Section 170 e.(1)(B) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended--
(1) by striking ``the maximum amount of financial
protection required under subsection b. or''; and
(2) by striking ``paragraph (3) of subsection d., whichever
amount is more'' and inserting ``paragraph (2) of subsection
d.''.

SEC. 205. INCIDENTS OUTSIDE THE UNITED STATES.

(a) Amount of Indemnification.--Section 170 d.(5) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended
by striking ``$100,000,000'' and inserting ``$500,000,000''.
(b) Liability Limit.--Section 170 e.(4) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by
striking ``$100,000,000'' and inserting ``$500,000,000''.

SEC. 206. REPORTS.

Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(p)) is amended by striking ``August 1, 1998'' and
inserting ``August 1, 2013''.

SEC. 207. INFLATION ADJUSTMENT.

Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(t)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following:
``(2) The Secretary shall adjust the amount of
indemnification provided under an agreement of
indemnification under subsection d. not less than once during
each 5-year period following July 1, 2002, in accordance with
the aggregate percentage change in the Consumer Price Index
since--
``(A) that date, in the case of the first adjustment under
this paragraph; or
``(B) the previous adjustment under this paragraph.''.

SEC. 208. TREATMENT OF MODULAR REACTORS.

Section 170 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(b)) is amended by adding at the end the following:
``(5)(A) For purposes of this section only, the Commission
shall consider a combination of facilities described in
subparagraph (B) to be a single facility having a rated
capacity of 100,000 electrical kilowatts or more.
``(B) A combination of facilities referred to in
subparagraph (A) is 2 or more facilities located at a single
site, each of which has a rated capacity of 100,000
electrical kilowatts or more but not more than 300,000
electrical kilowatts, with a combined rated capacity of not
more than 1,300,000 electrical kilowatts.''.

SEC. 209. APPLICABILITY.

The amendments made by sections 203, 204, and 205 do not
apply to a nuclear incident that occurs before the date of
the enactment of this Act.

DIVISION N--EMERGENCY RELIEF AND OFFSETS

That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2003, and for other purposes,
namely:

TITLE I--ELECTION REFORM

Sec. 101. (a) In addition to amounts otherwise made
available in this Act, $1,500,000,000

[[Page S990]]

is appropriated to establish an election reform grant program
to provide assistance to States and localities in improving
election technology and the administration of Federal
elections.

TITLE II--EMERGENCY AGRICULTURAL ASSISTANCE

SEC. 201. SHORT TITLE.

This title may be cited as the ``Emergency Agricultural
Assistance Act of 2003''.

SEC. 202. DEFINITIONS.

In this title:
(1) Covered commodity.--The term ``covered commodity'' has
the meaning given the term in section 1001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7901).
(2) Eligible noninsurable commodity.--The term ``eligible
noninsurable commodity'' means an eligible crop for which the
producers on a farm are eligible to obtain assistance under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
(3) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock)
produced in an area that is eligible for coverage under a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

SEC. 203. SUPPLEMENTAL DIRECT PAYMENTS.

(a) In General.--The Secretary shall make payments to
producers on farms that are eligible for direct payments for
the 2002 crop of each covered commodity and peanuts under
section 1103 and 1303, respectively, of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7913, 7953).
(b) Amount.--The amount of the payment made to the
producers on a farm under this section shall be equal to
42.25 percent of the amount of the direct payment the
producers on the farm received for the 2002 crop under
sections 1103 and 1303, respectively, of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7913, 7953).
(c) Crop Insurance.--As a condition of the receipt of a
payment under this section--
(1) in the case of an insurable commodity, the producers on
the farm shall enter into a contract with the Secretary under
which the producers on the farm agree--
(A) to obtain at least catastrophic risk protection
coverage for each insurable commodity produced on the farm
for each of the next 2 crop years for which crop insurance is
available under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.), as determined by the Secretary; and
(B) on violation of the contract, to repay to the Secretary
any payment received under this section; and
(2) in the case of an eligible noninsurable commodity, the
producers on the farm shall enter into a contract with the
Secretary under which the producers on the farm agree--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing deadline,
for each eligible noninsurable commodity produced on the farm
for each of the next 2 crop or calendar years (as applicable)
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333), as determined by the
Secretary; and
(B) on violation of the contract, to repay to the Secretary
any payment received under this section.
(d) Administration.--The total amount of payments made to a
person under this section for 1 or more covered commodities,
and the total amount of payments made to a person under this
section for peanuts, shall not exceed the dollar amount that
is specified in paragraphs (1) and (2), respectively, of
section 1001(b) of the Food Security Act of 1985 (7 U.S.C.
1308(b)).
(e) Time for Payment.--The Secretary shall make payments
under this section as soon as practicable after the date of
enactment of this Act.

SEC. 204. LIVESTOCK COMPENSATION PROGRAM.

In carrying out the 2002 Livestock Compensation Program
announced by the Secretary on October 10, 2002 (67 Fed. Reg.
63070), the Secretary shall--
(1) provide assistance to any applicant that--
(A) conducts a livestock operation that is physically
located in a county that requested a disaster declaration
during the period beginning on January 1, 2001, and ending on
the date of enactment of this Act; and
(B) meets all other eligibility requirements established by
the Secretary for the Program;
(2) provide assistance to producers of an animal described
in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1)) that meet all
other eligibility requirements established by the Secretary
for the Program; and
(3) effective beginning on the date of enactment of this
Act, carry out the Program using funds of the Commodity
Credit Corporation.

SEC. 205. EMERGENCY SURPLUS REMOVAL.

The Secretary shall transfer $250,000,000 of funds of the
Commodity Credit Corporation to the fund established by
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to
carry out emergency surplus removal of agricultural
commodities.

SEC. 206. SPECIALTY CROPS.

The Secretary shall use $100,000,000 of funds of the
Commodity Credit Corporation to provide direct assistance to
producers, make grants to States, or take such other action
as the Secretary determines is appropriate to assist
producers of fruits and vegetables (including nuts).

SEC. 207. COTTONSEED.

The Secretary shall use $50,000,000 of funds of the
Commodity Credit Corporation to provide assistance to
producers and first-handlers of the 2002 crop of cottonseed.

SEC. 208. HURRICANE ASSISTANCE.

(a) In General.--In a State in which a major disaster or
emergency is designated by the President or Secretary as a
result of damaging weather or related condition, the
Secretary shall make available to first processors that are
eligible to obtain a loan under section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a)) assistance in the form of payments, or commodities
in the inventory of the Commodity Credit Corporation from
carrying out that section, to partially compensate producers
and first processors for crop and other losses that are
related to the damaging weather or related condition.
(b) Administration.--Assistance under this section shall
be--
(1) shared by an affected first processor with affected
producers that provide commodities to the processor in a
manner that reflects contracts entered into between the
processor and the producers; and
(2) made available under such terms and conditions as the
Secretary determines are necessary to carry out this section.
(c) Quantity.--To carry out this section, the Secretary
shall--
(1) use 200,000 tons of commodities in the inventory of the
Commodity Credit Corporation under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a));
(2) make payments in an aggregate amount equal to the
market value of 200,000 tons of commodities described in
paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total market
value of 200,000 tons of commodities described in paragraph
(1).
(d) Limitations.--The Secretary shall provide assistance
under this section only in a State described in section
359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359ff(c)(1)(A)) in which a major disaster or
emergency is designated by the President or Secretary as a
result of damaging weather or related condition that occurred
during calendar year 2002.

SEC. 209. WEATHER-RELATED LOSSES.

The Secretary shall use not more than $80,000,000 of funds
of the Commodity Credit Corporation to provide assistance to
sugar beet producers that suffered production losses
(including quality losses) for the 2002 crop year, as
determined by the Secretary.

SEC. 210. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED ALONG
RIO GRANDE FOR WATER LOSSES.

(a) In General.--The Secretary shall use $10,000,000 of
funds of the Commodity Credit Corporation to make a grant to
the State of Texas, acting through the Texas Department of
Agriculture, to provide assistance to agricultural producers
in the State of Texas with farming operations along the Rio
Grande that have suffered economic losses during the 2002
crop year due to the failure of Mexico to deliver water to
the United States in accordance with the Treaty Relating to
the Utilization of Waters of the Colorado and Tijuana Rivers
and of the Rio Grande, and Supplementary Protocol signed
November 14, 1944, signed at Washington February 3, 1944 (59
Stat. 1219; TS 994).
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of economic losses described in
subsection (a) that were incurred by the producers.

SEC. 211. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED IN NEW
MEXICO FOR TEBUTHIURON SPRAYING LOSSES.

(a) In General.--The Secretary shall use not more than
$1,650,000 of funds of the Commodity Credit Corporation to
reimburse agricultural producers on farms located in the
vicinity of Malaga, New Mexico, for losses incurred during
calendar years 2002 and 2003 as the result of the spraying by
the Federal Government of tebuthiuron on crops of the
producers during August 2002, to remain available until
expended.
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of losses described in subsection
(a) that were incurred by the producers.

SEC. 212. FUNDING.

(a) In General.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out this title, to remain available
until expended.
(b) Administration.--The Secretary, acting through the Farm
Service Agency, may use not more than $70,000,000 of funds of
the Commodity Credit Corporation to cover administrative
costs associated with the implementation of this title and
title I of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 7901 et seq.), to remain available until expended.

SEC. 213. REGULATIONS.

(a) In General.--The Secretary may promulgate such
regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard
to--

[[Page S991]]

(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.

TITLE III--WILDLAND FIRE EMERGENCY

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

WILDLAND FIRE MANAGEMENT

For an additional amount to repay prior year advances from
other appropriations transferred for wildfire suppression and
emergency rehabilitation by the Department of the Interior,
$189,000,000, to remain available until expended.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

Forest Service

WILDLAND FIRE MANAGEMENT

For an additional amount to repay advances from other
appropriations from which funds were transferred for wildfire
suppression and emergency rehabilitation activities,
$636,000,000, to remain available until expended. Of the
funds provided, $70,000,000 shall be transferred to the
Knutson Vandenburg fund, $30,000,000 shall be transferred to
the Salvage Sale fund, $143,000,000 shall be transferred to
the Land Acquisition account, $132,000,000 shall be
transferred to the Capital Improvement and Maintenance
account, $30,000,000 shall be transferred to the Timber
Purchaser Election account, $77,000,000 shall be transferred
to the State and Private Forestry account, $23,000,000 shall
be transferred to the Forest and Rangeland Research account,
$62,000,000 shall be transferred to the National Forest
System account, $20,000,000 shall be transferred to the Brush
Disposal Account, $30,000,000 shall be transferred to the
Working Capital Fund of the Forest Service, $4,000,000 shall
be transferred to the Receipts for Road and Trail fund,
$1,000,000 shall be transferred to the Operations and
Maintenance of Quarters fund, and $14,000,000 shall be
transferred to the Forest Service Recreation Fee
Demonstration fund.

TITLE IV--MEDICAID

Sec. 401. Section 114 of Public Law 107-229 is amended--
(1) by striking ``the date specified in section 107(c) of
this joint resolution'' and inserting ``September 30, 2003'';
and
(2) by striking ``: Provided further,'' and all that
follows through the period and inserting a period.
Sec. 402. Specification of the Conversion Factor for
Payments Under the Medicare Physician Fee Schedule for 2003.
(a) In General.--Section 1848(d) of the Social Security Act
(42 U.S.C. 1395w-4(d)) is amended by adding at the end the
following new paragraph:
``(5) Conversion factor for 2003.--
``(A) In general.--Notwithstanding paragraph (4), the
conversion factor established under this subsection for
services furnished during the period beginning on March 1,
2003, and ending on September 30, 2003, shall be equal to the
conversion factor established under this subsection for
2002.''.
``(B) No effect for subsequent periods.--The conversion
factor under paragraph (1) and the update adjustment factor
under paragraph (4)(B) for the portion of 2003 occurring
after September 30, 2003, and before January 1, 2004, and for
a year after 2003 shall be applied and computed as if
subparagraph (A) had not been in effect.
``(C) Conforming provisions to ensure no effect for
subsequent periods.--In carrying out subparagraph (B):
``(i) No effect on target for allowed expenditures.--The
allowed expenditures under paragraph (4)(C)(iii) for the
portion of 2003 occurring after September 30, 2003, and
before January 1, 2004, and for years after 2003 shall be
applied and computed as if subparagraph (A) had not been in
effect.
``(ii) Removal of additional expenditures from actual
expenditures.--In applying paragraph (4)(B) for the portion
of 2003 occurring after September 30, 2003, and before
January 1, 2004, and for years beginning with 2004, the
actual expenditures for 2003 shall be--

``(I) the actual expenditures otherwise determined for
2003, reduced by
``(II) the portion of such expenditures in 2003 that are
attributable to the increase in the conversion factor under
subparagraph (A).

``(iii) Not treated as change in law and regulation in
sustainable growth rate determination.--The enactment of this
paragraph shall not be treated as a change in law for
purposes of applying subsection (f)(2)(D).''.
(b) Conforming Amendments.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended--
(1) in paragraph (1)(A), by inserting ``and subject to
paragraph (5)'' after ``with 2001'';
(2) in paragraph (4)(A), by inserting ``(including
paragraph (5))'' after ``Unless otherwise provided by law'';
(3) in paragraph (4)(B), by inserting ``and paragraphs
(5)(B) and (5)(C)'' after ``subparagraph (D)'' in the matter
preceding clause (i); and
(4) in paragraph (4)(C)(iii), by striking ``The allowed
expenditures'' and inserting ``Subject to paragraph
(5)(C)(i), the allowed expenditures''.
Sec. 403. Temporary Equalization of Urban and Rural
Standardized Payment Amounts Under the Medicare Inpatient
Hospital Prospective Payment System. (a) In General.--
Notwithstanding the determination of the applicable
standardized amounts under paragraph (3)(A) of section
1886(d) of the Social Security Act (42 U.S.C. 1395ww(3)(A)),
for purposes of making payments under such section for
discharges occurring during the period beginning on April 1,
2003, and ending on September 30, 2003, the standardized
amount applicable under such paragraph for hospitals located
other than in a large urban area for that period shall be
increased to an amount equal to the standardized amount
otherwise applicable under such paragraph for hospitals
located in a large urban area for that period.
(b) No Effect on Periods Beyond September 30, 2003.--The
increase in the standardized amount for hospitals located
other than in a large urban area provided for under
subsection (a) for the period beginning on April 1, 2003, and
ending on September 30, 2003, shall not apply to discharges
occurring after such period, and shall not be taken into
account in calculating the payment amounts applicable for
discharges occurring after such period.

TITLE V--FISHERIES DISASTERS

Sec. 501. Fisheries Disasters.--In addition to amounts
appropriated or otherwise made available, $100,000,000 is
appropriated to the Department of Commerce for fisheries
disaster assistance. Not more than 5 percent of such funds
may be used for administrative expenses, and no funds may be
used for lobbying activities or representational expenses.
(a) Western Pacific and North Pacific.--$5,000,000 shall be
made available as a direct lump sum payment to the State of
Hawaii for economic assistance to fisheries affected by
federal closures or fishing restrictions and $35,000,000
shall be made available as a direct lump sum payment to the
State of Alaska no later than 30 days after the date of
enactment of this Act to make payments to persons or entities
which have experienced significant economic hardship. Funds
in Alaska shall be used to provide (A) personal assistance
with priority given to food, energy needs, housing
assistance, transportation fuel including subsistence
activities, and other urgent needs; (B) assistance for small
businesses including fishermen, fish processors, and related
businesses serving the fishing industry; (C) and assistance
for local and borough governments adversely affected by
reductions in fish landing fees and other fishing-related
revenue; and (D) product development and marketing.
(b) Northeast and West Coast.--$10,000,000 shall be made
available to conduct a voluntary fishing capacity reduction
program in the Northeast multispecies fishery and $10,000,000
shall be made available to conduct a voluntary fishing
capacity reduction program in the West Coast groundfish
fishery. Such sums shall supplement the voluntary capacity
reduction program authorized for the fishery in Sec. 211 of
Public Law 107-206 and be consistent with section 312(b) of
the Magnuson-Stevens Fishery Conservation and Management Act
and the requirements relating to the capacity program in
section 211 of Public Law 107-206 that shall--
(1) permanently revoke all fishery licenses, fishery
permits, area and species endorsements, and any other fishery
privileges issued to a vessel or vessels (or to persons on
the basis of their operation or ownership of that vessel or
vessels) removed under the program; and
(2) ensure that vessels removed under the program are made
permanently ineligible to participate in any fishery
worldwide, and that the owners of such vessels will operate
only under the United States flag or be scrapped as a
reduction vessel pursuant to section 600.1011(c) of title 50,
Code of Federal Regulations.
(c) Gulf and South Atlantic.--
(1) $17,500,000 shall be made available for assistance to
the shrimp industries in the states of South Carolina,
Georgia, North Carolina, and Florida in proportion to the
percentage of the shrimp catch landed by each state for
economic assistance to the South Atlantic shrimp fishery:
Provided, That the State of Florida shall receive only that
proportion associated with landings of the Florida east coast
fishery; and
(2) $17,500,000 shall be made available for assistance to
the shrimp industries in the states of Mississippi, Texas,
Alabama, Louisiana, and Florida in proportion to the
percentage of the shrimp catch landed by each state for
economic assistance to the Gulf shrimp fishery: Provided,
That the State of Florida shall receive only that proportion
associated with landings of the Florida gulf coast fishery.
Provided further, That 2 percent of funds received by each
state shall be retained by the state for distribution of
additional payments to fishermen with a demonstrated record
of compliance with turtle excluder and bycatch reduction
device regulations, and that the remainder of the funds may
be used only for: (A) personal assistance with priority given
to food, energy needs, housing assistance, transportation
fuel, and other urgent needs; (B) assistance for small
businesses including fishermen, fish processors, and related
businesses serving the

[[Page S992]]

fishing industry; (C) domestic product marketing and seafood
promotion; (D) state seafood testing programs; (E)
development of limited entry programs for the fishery; (F)
funding or other incentives to ensure widespread and proper
use of turtle excluder devices and bycatch reduction devices
in the fishery; and (G) voluntary capacity reduction programs
for shrimp fisheries under limited access.
(d) Blue Crab Fishery.--$5,000,000 shall be made available
for assistance to blue crab fisheries affected by reduced
harvests and sales of blue crab in proportion to the amount
of the catch landed by each state, Provided, That such funds
may be used only for: (A) personal assistance with priority
given to food, energy needs, housing assistance,
transportation fuel, and other urgent needs; (B) assistance
for small businesses including fishermen, fish processors,
and related businesses serving the fishing industry; (C)
domestic product marketing and seafood promotion; and (D)
state seafood testing programs: Provided further, That the
Secretary of Commerce, in consultation with the Commandant of
the Coast Guard, shall provide coordinated, enhanced and
routine support for fisheries monitoring and enforcement
through use of remote sensing, aircraft and communications
assets, with particular emphasis on federal waters seaward of
the coasts of South Carolina and Georgia, including the
Charleston Bump closed area.

TITLE VI--OFFSETS

Sec. 601. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 1.6 percent of--
(1) the budget authority provided for fiscal year 2003 for
any discretionary account in divisions A through K of this
joint resolution; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2003 for any discretionary
account in any prior fiscal year appropriations Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently
submitted President's budget).
SA 2. Mr. BYRD proposed an amendment to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; as follows:

At the appropriate place in the joint resolution insert the
following:

DIVISION__--HOMELAND SECURITY SUPPLEMENTAL APPROPRIATIONS

That, in addition to the funds provided elsewhere in this
joint resolution, the following sums are appropriated, out of
any money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2003, and for other
purposes, namely:

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Office of the Secretary

including transfers of funds

For an additional amount for ``Office of the Secretary'',
$28,250,000, to remain available until expended for building
security and other terrorism protection costs.

Food Safety and Inspection Service

For an additional amount for ``Food Safety and Inspection
Service'', $13,000,000, to remain available until expended.

Rural Development

rural community advancement program

For an additional amount for ``Rural Community Advancement
Program'' for emergency purposes for grants and loans as
authorized by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C,
$20,000,000, with up to $5,000,000 for contracting with
qualified organization(s) to conduct vulnerability
assessments for rural community water systems, to remain
available until expended.

CHAPTER 2

DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$363,000,000, to remain available until expended, only for
the Entry Exit System, to be managed by the Justice
Management Division: Provided, That none of the funds
appropriated in this Act, or in Public Law 107-117, for the
Immigration and Naturalization Service's Entry Exit System
may be obligated until the INS submits a plan for expenditure
that: (1) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including OMB Circular A-11, part 3; (2) complies
with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal
Government; (3) is reviewed by the General Accounting Office;
and (4) has been approved by the Committees on
Appropriations: Provided further, That funds provided under
this heading shall only be available for obligation and
expenditure in accordance with the procedures applicable
to reprogramming notifications set forth in section 605 of
Public Law 107-77.

salaries and expenses, united states marshals service

For a additional amount for ``Salaries and Expenses'',
$37,900,000, to remain available until expended, for
increased security requirements associated with terrorist and
other high threat trials.

Federal Bureau of Investigation

salaries and expenses

For a additional amount for ``Salaries and Expenses'',
$200,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading,
$46,000,000 shall only be for aviation costs, $12,500,000 is
provided for additional cybercrime, counterterrorism, and
counterintelligence analytical support staff, $20,000,000 for
the Drug Enforcement Administration's (DEA) Special
Operations Division, to be transferred expeditiously from the
FBI to the DEA in accordance with the previously established
MOU, $12,000,000 for language translation services,
$40,121,000 for investigative data warehousing, $18,435,000
for information assurance, $5,500,000 for collaborative
capabilities, $7,500,000 for FBI HQ continuity of operations;
$8,000,000 for digital storage and retrieval of documents
related to counterterrorism investigations, $6,444,000 for
mainframe upgrades, $4,000,000 for data mining and
visualization, and $19,400,000 for the National
Infrastructure Protection Center Special Technologies and
Applications Unit, $8,000,00 for white collar crime squads
and $3,100,000 for Computer Analysis and Response Team
equipment.

Immigration and Naturalization Service

salaries and expenses

enforcement and border affairs

For an additional amount for ``Salaries and Expenses,
Enforcement and Border Affairs'', $83,250,000, to remain
available until expended, of which $25,000,000 shall be only
for apprehending absconders, of which $25,000,000 shall be
only for fleet management, and of which $6,250,000 shall be
only for pay upgrades for Border Patrol agents and
Immigration Inspectors.

construction

For an additional amount for ``Construction'',
$297,100,000, to remain available until expended.

Office of Justice programs

community oriented policing services

For an additional amount for the Community Oriented
Policing Services' Interoperable Communications Technology
Program in consultation with the Office of Science and
Technology within the National Institute of Justice, and the
Bureau of Justice Assistance, for emergency expenses for
activities related to combating terrorism by providing
grants to States and localities to improve communications
within, and among, law enforcement and other first
responder agencies, $150,000,000, to remain available
until expended.

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

scientific and technical research and services

For an additional amount for ``Scientific and Technical
Research and Services'' for emergency expenses resulting from
new homeland security activities and increased security
requirements, $33,100,000 is for a cyber-security initiative.

DEPARTMENT OF STATE

embassy security, construction, and maintenance

For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $51,100,000, to remain
available until expended for site acquisition.

CHAPTER 3

DISTRICT OF COLUMBIA FEDERAL FUNDS

Federal Payment to the Children's National Medical Center

For a Federal payment to the Children's National Medical
Center in the District of Columbia for implementing the
District Emergency Operations Plan, $8,000,000, for the
expansion of quarantine and decontamination facilities for
children and families.

Federal Payment to the District of Columbia

For a Federal payment to the District of Columbia to
implement the District Emergency Operations Plan,
$17,000,000, of which $12,000,000 is for the Unified
Communications Center: Provided, That $5,000,000 is for the
construction of containment facilities and other activities
to support the regional Bioterrorism Hospital Preparedness
Program at the Washington Hospital Center.

Federal Payment to the Washington Metropolitan Area Transit Authority

For a Federal payment to the Washington Metropolitan Area
Transit Authority, $12,000,000, of which $10,000,000 is to
expand the chemical emergency sensor and decontamination
programs: Provided, That $2,000,000 is to be used for a
feasibility study on constructing a regional transportation
back-up operations control center: Provided further, That the
Chief Executive Officer of the Washington Metropolitan Area
Transit Authority shall submit a report on the findings of
the study and plans for the future financing of a regional
transportation back-up

[[Page S993]]

operations control center no later than February 5, 2004 to
the Committee on Appropriations of the House of
Representatives and Senate.

Federal Payment to the Metropolitan Washington Council of Governments

For a Federal payment to the Metropolitan Washington
Council of Governments, $1,750,000 for support of the
Regional Incident Communication and Coordination System, as
approved by the Council.

Federal Payment to the Water and Sewer Authority of the District of
Columbia

For a Federal payment to the Water and Sewer Authority of
the District of Columbia for emergency preparedness,
$2,500,000, of which $1,800,000 shall be for remote
monitoring of water quality: Provided, That $600,000 shall be
used for a ventilation system at the Main Pumping Station:
Provided further, That $100,000 shall be used to expand the
Incident Response Plan.

CHAPTER 4

DEPARTMENT OF DEFENSE--CIVIL

Department of the Army Corps of Engineers--Civil Operation and
Maintenance, General

For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses, $108,200,000, to remain
available until expended: Provided, That funds made available
under this heading in this Act and in Public Law 107-117 may
be used to fund measures and activities undertaken by the
Secretary of the Army, acting through the Chief of Engineers,
to protect and secure any infrastructure owned or operated
by, or on behalf of, the U.S. Army Corps of Engineers,
including administrative buildings and facilities.

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Science

For an additional amount for ``Science'' for emergency
expenses necessary to support safeguards and security
activities, $25,000,000, to remain available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

weapons activities

For an additional amount for ``Weapons Activities'' for
emergency expenses, $150,000,000: Provided, That $25,000,000
of the funds provided shall be available for secure
transportation asset activities: Provided further, That
$35,000,000 shall be available for construction and
renovation activities at the National Center for Combating
Terrorism: Provided further, That $90,000,000 of the funds
provided shall be available to meet increased safeguard and
security needs throughout the nuclear weapons complex,
including at least $25,000,000 for cyber security.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Restoration and Waste Management

For an additional amount for ``Defense Environmental
Restoration and Waste Management'' for emergency expenses
necessary to support safeguards and security activities,
$56,000,000, to remain available until expended.

Defense Facilities Closure Projects

For an additional amount for ``Defense Facilities Closure
Projects'' for emergency expenses necessary to support
safeguards and security activities, $15,000,000, to remain
available until expended.

Other Defense Activities

For an additional amount for ``Other Defense Activities''
for emergency expenses needed to conduct critical
infrastructure assessments at critical energy supply
facilities nationwide, $50,000,000, to remain available until
expended: Provided, That $25,000,000 of the funds made
available shall be provided to the National Infrastructure
Simulation and Analysis Center: Provided further, That
$25,000,000 of the funds made available shall be provided to
the National Energy Technology Laboratory.

CHAPTER 5

DEPARTMENT OF THE INTERIOR

National Park Service

construction

For an additional amount for ``Construction'', $17,651,000,
to remain available until expended, for security improvements
at the Washington Monument and the Jefferson Memorial in
Washington, DC.

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

public health and social services emergency fund
For additional amounts to respond to the September 11,
2001, terrorist attacks on the United States for ``Public
Health and Social Services Emergency Fund'' for baseline and
follow-up screening and clinical examinations, long-term
health monitoring and analysis for the emergency services
personnel, rescue and recovery personnel, $90,000,000, to
remain available until expended.
For additional amounts for grants to state and local health
departments to support activities related to immunizing first
responders against smallpox, $850,000,000: Provided, That
this amount is transferred to the Centers for Disease
Control and Prevention.

CHAPTER 7

DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

Salaries and Expenses

For additional amounts for necessary expenses of the
Transportation Security Administration related to
transportation security services pursuant to Public Law 107-
71, $1,725,000,000, to remain available until September 30,
2004, of which not less than $585,000,000 shall be available
for port security grants for the purpose of implementing the
provisions of the Maritime Transportation Security Act, not
less than $200,000,000 shall be available for the costs
associated with the modification of airports to comply with
the provisions of the Aviation and Transportation Security
Act, not less than $120,000,000 shall be available for
Operation Safe Commerce, not less than $300,000,000 shall be
available for grants to public transit agencies in urbanized
areas for enhancing the security of transit facilities
against chemical, biological and other terrorist threats, and
not less than $100,000,000 shall be available to compensate
U.S. flag air carriers for the costs of hardening aircraft
cockpit doors.

United States Coast Guard

Acquisition, Construction, and Improvements

For additional amounts for acquisition of additional Coast
Guard coastal patrol boats, $40,000,000, to remain available
until September 30, 2004.

CHAPTER 8

DEPARTMENT OF THE TREASURY

Federal Law Enforcement Training Center

salaries and expenses

For an additional amount for ``Salaries and Expenses'' for
expenses of expanded law enforcement training workload
resulting from the September 11, 2001 terrorist attacks
against the United States, $15,870,000, to remain available
until expended.

United States Customs Service

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$104,600,000, to remain available until expended; of the
total, not to exceed $47,000,000 shall be available for the
Container Security Initiative; not to exceed $15,000,000
shall be available for pay parity; and not to exceed
$42,600,000 shall be available for northern and southern
border port-of-entry infrastructure.

United States Secret Service

salaries and expenses

For an additional amount for ``Salaries and Expenses'' for
expenses related to the September 11, 2001 terrorist attacks
against the United States, $28,500,000, to remain available
until expended.

INDEPENDENT AGENCY

General Services Administration

policy and citizen services

For an additional amount for Government-wide
telecommunications and cyber-security activities and
initiatives, $25,000,000, to remain available until expended.

CHAPTER 9

INDEPENDENT AGENCIES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

national institute of environmental health sciences

For an additional amount for ``National Institute of
Environmental Health Sciences'', $4,000,000 to carry out
activities set forth in section 311(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986 in response to the
September 11, 2001, terrorist attacks on the United States.

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

For an additional amount of ``Toxic substances and
environmental public health'', $11,300,000, of which
$1,800,000 is for additional expenses incurred in response to
the September 11, 2001, terrorist attacks on the United
States, and of which $9,500,000 is to enhance the States'
capacity to respond to chemical terrorism events.

Environmental Protection Agency

science and technology

For an additional amount for ``Science and technology'',
$50,000,000.

Federal Emergency Management Agency

emergency management planning and assistance

For an additional amount for ``Emergency management
planning and assistance'' for emergency expenses to respond
to the September 11, 2001, terrorist attacks on the United
States, $316,000,000.
This division may be cited as the ``Homeland Security
Supplemental Appropriations Division'', of this joint
resolution.
SA 3. Mr. WYDEN (for himself and Mr. Reid) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:

[[Page S994]]

At the appropriate place, insert the following:
Sec.   . (a) Notwithstanding any other provision of law, no
funds appropriated or otherwise made available under this Act
or any other Act may be obligated or expended by the
Department of Defense or by any contractor of the Department
of Defense to carry out any research, development, test, or
evaluation on any technology or component of--
(1) the information collection program known as the Total
Information Awareness program or any program whose purpose is
the collection of information on United States citizens in
the United States, and
(2) the information collection program known as the Total
Information Awareness program or any program whose purpose is
the collection of information on United States citizens in
the United States for transfer to any other department or
agency of the Federal Government.
(b) Within 30 days of the date of enactment of this Act,
the Secretary of Defense, in conjunction with the Attorney
General and the Director of the Central Intelligence Agency,
shall submit to Congress a report setting forth a detailed
explanation (including an expenditure plan) of the actual and
intended use of the funds for all projects and activities
within the Total Information Awareness program, the program's
effect on the privacy and civil liberties of United States
citizens, a list of the federal agencies that would have
interest in utilizing the Total Information Awareness program
and for what purposes, an evaluation of the effectiveness of
the Total Information Awareness program in achieving its
goals, a description of the ways information culled by the
Total Information Awareness program may be used by law
enforcement, intelligence, and other government agencies,
major dates in the expected deployment of the program, a list
of the laws and regulations currently governing the
information to be collected by the Total Information
Awareness program and any changes in these laws that will be
required to use the information in the ways proposed, and
recommendations for additional research, technology
development or other measures necessary to ensure the
protection of privacy and civil liberties of United States
citizens.
(c) No funds may be obligated or expended by the Department
of Defense for the Total Information Awareness program, or
any program or activity of the Department of Defense whose
purpose is to collect information on United States citizens
in the United States, 30 days after the date of enactment of
this Act unless the President submits to Congress a written
waiver stating that the obligation and expenditure of funds
is critical to the protection of the National Security of the
United States.

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