    [Congressional Bills 108th Congress]
    [From the U.S. Government Publishing Office]
    [H.J. Res. 2 Engrossed Amendment Senate (EAS)]

                      In the Senate of the United States,

                                                          January 23, 2003.
          Resolved, That the resolution from the House of Representatives
    (H.J. Res. 2) entitled ``Joint resolution making further continuing
    appropriations for fiscal year 2003, and for other purposes.'' do pass
    with the following

                                   AMENDMENT:

                Strike out 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.

                           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, $281,218,000; 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; for grants to youth
    organizations pursuant to section 7630 of title 7, United States Code,
    $3,000,000; 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 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 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 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 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, 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) $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 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 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 77 percent of the
    payment that would otherwise be paid to eligible producers (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.
        Sec. 756. Restoration of Fish, Wildlife, and Associated Habitats in
    Watersheds of Certain Lakes. (a) In General.--In carrying out section
    2507 of Public Law 107-171, the Secretary of the Interior, acting
    through the Commissioner of Reclamation, shall--
                (1) subject to paragraph (3), provide water and assistance
            under that section only for the Pyramid, Summit, and Walker
            Lakes in the State of Nevada;
                (2) use $1,000,000 for the creation of a fish hatchery at
            Walker Lake to benefit the Walker River Paiute Tribe; and
                (3) use $2,000,000 to provide grants, to be divided
            equally, to the State of Nevada, the State of California, the
            Truckee Meadows Water Authority, and the Pyramid Lake Paiute
            Tribe, to implement the Truckee River Settlement Act, Public
            Law 101-618.
        (b) Administration.--The Secretary of the Interior, acting through
    the Commissioner of Reclamation, may provide financial assistance to
    State and local public agencies, Indian tribes, nonprofit
    organizations, and individuals to carry out this section and section
    2507 of Public Law 107-171.
        Sec. 757. In addition to amounts appropriated by this Act under the
    heading ``Public Law 480 Title II Grants'', there is appropriated, out
    of funds in the Treasury not otherwise appropriated, $500,000,000 for
    assistance for emergency relief activities: Provided, That the amount
    appropriated under this section shall remain available through
    September 30, 2004.
        Sec. 758. Marketing Assistance Loans and Loan Deficiency Payments
    for Other Oilseeds, Dry Peas, Lentils, and Small Chickpeas. (a)
    Definition of Other Oilseed.--Section 1001(9) of the Farm Security and
    Rural Investment Act of 2002 (7 U.S.C. 7901(9)) is amended by inserting
    ``crambe, sesame seed,'' after ``mustard seed,''.
        (b) Loan Rates for Nonrecourse Marketing Assistance Loans.--Section
    1202 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
    7932) is amended--
                (1) in subsection (a), by striking paragraph (10) and
            inserting the following:
                ``(10) In the case of other oilseeds, $.0960 per pound for
            each of the following kinds of oilseeds:
                        ``(A) Sunflower seed.
                        ``(B) Rapeseed.
                        ``(C) Canola.
                        ``(D) Safflower.
                        ``(E) Flaxseed.
                        ``(F) Mustard seed.
                        ``(G) Crambe.
                        ``(H) Sesame seed.
                        ``(I) Other oilseeds designated by the
                    Secretary.'';
                (2) in subsection (b), by striking paragraph (10) and
            inserting the following:
                ``(10) In the case of other oilseeds, $.0930 per pound for
            each of the following kinds of oilseeds:
                        ``(A) Sunflower seed.
                        ``(B) Rapeseed.
                        ``(C) Canola.
                        ``(D) Safflower.
                        ``(E) Flaxseed.
                        ``(F) Mustard seed.
                        ``(G) Crambe.
                        ``(H) Sesame seed.
                        ``(I) Other oilseeds designated by the
                    Secretary.'';
                (3) by adding at the end the following:
        ``(c) Single County Loan Rate for Other Oilseeds.--The Secretary
    shall establish a single loan rate in each county for each kind of
    other oilseeds described in subsections (a)(10) and (b)(10).
        ``(d) Quality Grades for Dry Peas, Lentils, and Small Chickpeas.--
    The loan rate for dry peas, lentils, and small chickpeas shall be based
    on--
                ``(1) in the case of dry peas, United States feed peas;
                ``(2) in the case of lentils, United States number 3
            lentils; and
                ``(3) in the case of small chickpeas, United States number
            3 small chickpeas that drop below a 20/64 screen.''.
        (c) Repayment of Loans.--Section 1204 of the Farm Security and
    Rural Investment Act of 2002 (7 U.S.C. 7934) is amended--
                (1) in subsection (a), by striking ``and extra long staple
            cotton'' and inserting ``extra long staple cotton, and
            confectionery and each other kind of sunflower seed (other than
            oil sunflower seed)'';
                (2) by redesignating subsection (f) as subsection (h); and
                (3) by inserting after subsection (e) the following:
        ``(f) Repayment Rates for Confectionery and Other Kinds of
    Sunflower Seeds.--The Secretary shall permit the producers on a farm to
    repay a marketing assistance loan under section 1201 for confectionery
    and each other kind of sunflower seed (other than oil sunflower seed)
    at a rate that is the lesser of--
                ``(1) the loan rate established for the commodity under
            section 1202, plus interest (determined in accordance with
            section 163 of the Federal Agriculture Improvement and Reform
            Act of 1996 (7 U.S.C. 7283)); or
                ``(2) the repayment rate established for oil sunflower
            seed.
        ``(g) Quality Grades for Dry Peas, Lentils, and Small Chickpeas.--
    The loan repayment rate for dry peas, lentils, and small chickpeas
    shall be based on the quality grades for the applicable commodity
    specified in section 1202(d).''.
        (d) Applicability.--This section and the amendments made by this
    section apply beginning with the 2003 crop of other oilseeds (as
    defined in section 1001 of the Farm Security and Rural Investment Act
    of 2002 (7 U.S.C. 7901)), dry peas, lentils, and small chickpeas.
        Sec. 759. Value-Added Projects for Agricultural Diversification. Of
    the amount of funds that are made available to producers in the State
    of Vermont under section 524 of the Federal Crop Insurance Act (7
    U.S.C. 1524) for fiscal year 2003, the Secretary of Agriculture may
    make a grant of $200,000 to the Northeast Center for Food
    Entrepreneurship at the University of Vermont to support value-added
    projects that contribute to agricultural diversification in the State,
    to remain available until expended.
        Sec. 760. Price Support Adjustments. (a) Carry Forward
    Adjustment.--Section 319(e) of the Agricultural Adjustment Act of 1938
    (7 U.S.C. 1314e(e)) is amended in the fifth sentence--
                (1) by striking ``: Provided, That'' and inserting ``,
            except that (1)''; and
                (2) by inserting before the period at the end the
            following: ``, (2) the total quantity of all adjustments under
            this sentence for all farms for any crop year may not exceed 10
            percent of the national basic quota for the preceding crop
            year, and (3) this sentence shall not apply to the
            establishment of a marketing quota for the 2003 marketing
            year''.
        (b) Special Requirements.--During the period beginning on the date
    of enactment of this Act and ending on the last day of the 2002
    marketing year for the kind of tobacco involved, the Secretary of
    Agriculture may waive the application of section 1464.2(b)(2) of title
    7, Code of Federal Regulations.
        (c) Regulations.--
                (1) In general.--The Secretary of Agriculture may
            promulgate such regulations as are necessary to implement this
            section and the amendments made by this section.
                (2) Procedure.--The promulgation of the regulations and
            administration of this section and the amendments made by this
            section shall be made without regard to--
                        (A) the notice and comment provisions of section
                    553 of title 5, United States Code;
                        (B) 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
                        (C) chapter 35 of title 44, United States Code
                    (commonly known as the ``Paperwork Reduction Act'').
                (3) Congressional review of agency rulemaking.--In carrying
            out this subsection, the Secretary shall use the authority
            provided under section 808 of title 5, United States Code.
        Sec. 761. Sense of the Senate Concerning Certain Funds for
    Technical Assistance for Mandatory Conservation Programs. (a)
    Findings.--The Senate finds that--
                (1) conservation technical assistance provided through the
            Department of Agriculture is essential to help the farmers,
            ranchers, and landowners of the United States to implement and
            maintain critical conservation practices;
                (2) Congress provided a historic increase in mandatory
            funding for voluntary conservation efforts in the Farm Security
            and Rural Investment Act of 2002 (Public Law 107-171);
                (3) in that Act, Congress provided mandatory funding
            sufficient to cover all conservation technical assistance
            needed to carry out conservation programs;
                (4) under that Act, conservation technical assistance is
            provided to carry out conservation programs;
                (5) the General Accounting Office has determined that,
            under the Farm Security and Rural Investment Act of 2002,
            funding for conservation technical assistance--
                        (A) is provided directly for conservation programs;
                    and
                        (B) is not subject to the limitation specified in
                    section 11 of the Commodity Credit Corporation Charter
                    Act (15 U.S.C. 714i); and
                (6) the General Accounting Office has determined that funds
            in the Conservation Operations account cannot be used to fund
            conservation technical assistance for conservation programs
            under the Farm Security and Rural Investment Act of 2002.
        (b) Sense of the Senate.--It is the sense of the Senate that--
                (1) the President should provide full funding for
            conservation technical assistance in order to implement
            conservation programs under title XII of the Food Security Act
            of 1985 (16 U.S.C. 3801 et seq.); and
                (2) the President should not use funds from the
            Conservation Operations account to provide conservation
            technical assistance for carrying out conservation programs
            directly funded by that title.
        Sec. 762. Rural Housing Service. Title III of the Agriculture,
    Rural Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2001, is amended in the first paragraph under the
    heading ``rural housing insurance fund program account (including
    transfer of funds)'' under the heading ``Rural Housing Service'' (114
    Stat. 1549, 1549A-19) by inserting before the period at the end the
    following: ``: Provided further, That after September 30, 2002, any
    funds remaining for the demonstration program may be used, within the
    State in which the demonstration program is carried out, for fiscal
    year 2003 and subsequent fiscal years to make grants, and to cover the
    costs (as defined in section 502 of the Congressional Budget and
    Impoundment Control Act of 1974 (2 U.S.C. 661a)) of loans authorized,
    under section 504 of the Housing Act of 1949 (42 U.S.C. 1474)''.
        Sec. 763. Corn. (a) In General.--Notwithstanding any other
    provision of law, the Secretary of Agriculture shall consider the
    planting, prevented planting, and production of corn used to produce
    popcorn as the planting, prevented planting, and production of corn for
    the purposes of determining base acres and payment yields for direct
    and counter-cyclical payments under subtitle A of title I of Public Law
    107-171.
        (b) Effective Date.--This section takes effect on October 1, 2003.
        Sec. 764. (a) The Senate finds that--
                (1) there are immediate needs for additional food aid in
            sub-Saharan Africa where more than 38 million people are at
            risk of starvation;
                (2) there are serious shortfalls of food aid in other parts
            of the world, including Afghanistan a key nation in the war on
            terror, that have put millions at risk of starvation;
                (3) other potential emergencies in Iraq, North Korea, and
            other regions could place millions more at risk of starvation;
                (4) prices have increased by 30 percent over the course of
            the past year for certain staple commodities;
                (5) additional food aid helps build goodwill towards the
            United States, is consistent with the National Security
            Strategy of the United States, dated September 17, 2002, and
            reduces the conditions that can contribute to international
            terrorism.
        (b) It is the sense of the Senate that:
                (1) The Secretary of Agriculture should immediately use the
            funds, facilities, and authorities of the Commodity Credit
            Corporation to ensure that United States contributions for
            international humanitarian food assistance for each fiscal year
            2003 through 2007 shall be no less than the previous five year
            average beginning on the date of enactment of this Act.
                (2) The President should immediately submit an emergency
            supplemental request to meet any additional shortfalls in
            fiscal year 2003 for food aid to vulnerable populations living
            in sub-Saharan Africa that are not met by actions undertaken in
            paragraph (1) or by any other provision in this Act.
        Sec. 765. (a) Study on the Sale of Milk Into California.--Within 90
    days, the Secretary shall report to Congress on the economic impacts to
    California dairy farmers from handlers or processors of Class I milk
    products in the Las Vegas-Nevada-Arizona region selling milk or milk
    products into the California State order.
        (b) Exemption of Milk Handlers From Minimum Price Requirements.--
    Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)),
    reenacted with amendments by the Agricultural Marketing Agreement Act
    of 1937 (as amended by subsection (a)), is amended by adding at the end
    the following:
                        ``(N) Exemption of milk handlers from minimum price
                    requirements.--Notwithstanding any other provision of
                    this subsection, prior to January 1, 2005, no handler
                    with distribution of Class I milk products in the
                    Arizona-Las Vegas marketing area (Order No. 131) or
                    Pacific Northwest marketing area (Order No. 124) shall
                    be exempt during any month from any minimum milk price
                    requirement established by the Secretary under this
                    subsection if the total distribution of Class I
                    products within the Arizona-Las Vegas marketing area or
                    the Pacific Northwest marketing area of any handler's
                    own farm production exceeds the lesser of--
                                ``(i) 3 percent of the total quantity of
                            Class I products distributed in the Arizona-Las
                            Vegas marketing area (Order No. 131) or the
                            Pacific Northwest marketing area (Order No.
                            124); or
                                ``(ii) 5,000,000 pounds.''.
        (c) Exclusion of Clark County, Nevada From Federal Milk Marketing
    Orders.--
                (1) In general.--Section 8c(11)(C) the Agricultural
            Adjustment Act (7 U.S.C. 608c(11)(C)), reenacted with
            amendments by the Agricultural Marketing Agreement Act of 1937,
            is amended by striking the last sentence and inserting the
            following: ``In the case of milk and its products, Clark
            County, Nevada shall not be within a marketing area defined in
            any order issued under this section.''.
                (2) Informal rulemaking.--The Secretary of Agriculture may
            modify an order issued under section 8c of the Agricultural
            Adjustment Act (7 U.S.C. 608c), reenacted with amendments by
            the Agricultural Marketing Agreement Act of 1937, to implement
            the amendment made by paragraph (1) by promulgating
            regulations, without regard to sections 556 and 557 of title 5,
            United States Code.
        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 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.

               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, $3,241,787,000: Provided, That of the amount appropriated
    under this heading $80,200,000 shall be available only for the Entry
    Exit System, to be managed by the Justice Management Division: Provided
    further, That, of the amounts made available in the preceding proviso,
    $42,400,000 shall only be available for planning, program support,
    environmental analysis and mitigation, real estate acquisition, design
    and construction: Provided further, That $25,500,000 shall only be
    available for an entry-exit system pilot, including demonstration
    projects on the southern and northern border, and $12,300,000 shall
    only be available for system development: Provided further, 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: Provided further, That none of the
    funds made available by this Act shall be available for any expenses
    relating to the National Security Entry-Exit Registration System
    (NSEERS), and that the Attorney General shall provide to the Committee
    on Appropriations all documents and materials: (1) used in the creation
    of the NSEERS program, including any predecessor programs; (2)
    assessing the effectiveness of the NSEERS program as a tool to enhance
    national security; (3) used to determine the scope of the NSEERS
    program, including countries selected for the program, and the gender,
    age, and immigration status of the persons required to register under
    the program; (4) regarding future plans to expand the NSEERS program to
    additional countries, age groups, women, and persons holding other
    immigration statuses not already covered; (5) explaining of whether the
    Department of Justice consulted with other federal agencies in the
    development of the NSEERS programs, and if so, all documents and
    materials relating to those consultations; (6) concerning policy
    directives or guidance issued to officials about implementation of
    NSEERS, including the role of the FBI in conducting national security
    background checks of registrants; (7) explaining why certain INS
    District Offices detained persons with pending status-adjustment
    applications; and (8) explaining how information gathered during
    interviews of registrants will be stored, used, or transmitted to other
    Federal, State, or local agencies.''.

                                  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 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'' of which $10,000,000 will be provided for the
            continuance of methamphetamine reduction efforts; 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 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, $31,000,000.

                        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.
        Sec. 110. 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 fiscal year 2003:
    $10,000,000 to provide for grants as authorized by section 11027 of
    Public Law 107-273, to implement the Crime-free Rural States Program.
        (b) The amount made available under the account for buildings and
    facilities of the Federal Prison System in this joint resolution is
    reduced by $10,000,000.
        Sec. 111. None of the funds appropriated by this Act may be used to
    remove, deport, or detain an alien spouse or child of an individual who
    died as a result of a September 11, 2001, terrorist attack, unless the
    alien spouse or child is--
                (1) inadmissible under paragraph (2) or (3) of section
            212(a) of the Immigration and Nationality Act (8 U.S.C.
            1182(a)) or deportable under paragraph (2) or (4) of section
            237(a) of that Act (8 U.S.C. 1227(a)) (including any terrorist
            perpetrator of a September 11, 2001, terrorist attack against
            the United States); or
                (2) a member of the family of a person described in
            paragraph (1).
        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 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 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 of the funding provided for the National Marine
    Fisheries Service, $3,000,000 may be made available to the oyster
    industry in the State of Louisiana for economic assistance to the
    oyster fishery affected by Hurricane Isidore, and Hurricane Lili:
    Provided further, 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 oystermen, oyster processors, and
    related businesses serving the oyster industry; (C) domestic product
    marketing and seafood promotion; and (D) State seafood testing
    programs: 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 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. Such amount shall be made available as a direct lump
    sum payment to the Alaska Fisheries Marketing Board (hereinafter
    ``Board'') which is hereby established to award grants to market,
    develop, and promote Alaska seafood and improve related technology and
    transportation with emphasis on wild salmon, of which 20 percent shall
    be transferred to the Alaska Seafood Marketing Institute. The Board
    shall be appointed by the Secretary of Commerce and shall be
    administered by an Executive Director to be appointed by the Secretary.
    The Board shall submit an annual report to the Secretary detailing the
    expenditures of the board.
        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 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.
        Sec. 212. West Coast Groundfish Fishery Capacity Reduction. (a) The
    Secretary of Commerce shall implement a fishing capacity reduction
    program for the West Coast groundfish fishery pursuant to section 212
    of Public Law 107-206 and 16 U.S.C. 1861a (b)-(e); except that the
    program may apply to multiple fisheries; except that within 90 days
    after the date of enactment of this Act, the Secretary shall publish a
    public notice in the Federal Register and issue an invitation to bid
    for reduction payments that specifies the contractual terms and
    conditions under which bids shall he made and accepted under this
    section; except that section 144(d)(1)(K)(3) of title I, division B of
    Public Law 106-554 shall apply to the program implemented by this
    section.
        (b) A reduction fishery is eligible for capacity reduction under
    the program implemented under this section; except that no vessel
    harvesting and processing whiting in the catcher-processors sector
    (section 19 660.323(a)(4)(A) of title 50, Code of Federal Regulations)
    may participate in any capacity reduction referendum or industry fee
    established under this section.
        (c) A referendum on the industry fee system shall occur after bids
    have been submitted, and such bids have been accepted by the Secretary,
    as follows: members of the reduction fishery, and persons who have been
    issued Washington, Oregon, or California Dungeness crab and Pink shrimp
    permits, shall be eligible to vote in the referendum to approve an
    industry fee system; referendum votes cast in each fishery shall be
    weighted in proportion to the debt obligation of each fishery, as
    calculated in subsection (f) of this section; the industry fee system
    shall be approved if the referendum votes cast in favor of the proposed
    system constitute a simple majority of the participants voting; except
    that notwithstanding 5 U.S.C. 553 and 16 U.S.C. 1861a(e), the Secretary
    shall not prepare or publish proposed or final regulations for the
    implementation of the program under this section before the referendum
    is conducted.
        (d) Nothing in this section shall be construed to prohibit the
    Pacific Fishery Management Council from recommending, or the Secretary
    from approving, changes to any fishery management plan, in accordance
    with applicable law; or the Secretary from promulgating regulations
    (including regulations governing this program), after an industry fee
    system has been approved by the reduction fishery.
        (e) The Secretary shall determine, and state in the public notice
    published under paragraph (a), all program implementation aspects the
    Secretary deems relevant.
        (f) Any bid submitted in response to the invitation to bid issued
    by the Secretary under this section shall be irrevocable; the Secretary
    shall use a bid acceptance procedure that ranks each bid in accordance
    with this paragraph and with additional criteria, if any, established
    by the Secretary: for each bid from a qualified bidder that meets the
    bidding requirements in the public notice or the invitation to bid, the
    Secretary shall determine a bid score by dividing the bid's dollar
    amount by the average annual total ex-vessel dollar value of landings
    of Pacific groundfish, Dungeness crab, and Pink shrimp based on the 3
    highest total annual revenues earned from such stocks that the bidder's
    reduction vessel landed during 1998, 1999, 2000, or 2001. For purposes
    of this paragraph, the term ``total annual revenue'' means the revenue
    earned in a single year from such stocks. The Secretary shall accept
    each qualified bid in rank order of bid score from the lowest to the
    highest until acceptance of the next qualified bid with the next lowest
    bid score would cause the reduction cost to exceed the reduction loan's
    maximum amount. Acceptance of a bid by the Secretary shall create a
    binding reduction contract between the United States and the person
    whose bid is accepted, the performance of which shall be subject only
    to the conclusion of a successful referendum, except that a person
    whose bid is accepted by the Secretary under this section shall
    relinquish all permits in the reduction fishery and any Dungeness crab
    and Pink shrimp permits issued by Washington, Oregon, or California;
    except that the Secretary shall revoke the Pacific groundfish permit,
    as well as all Federal 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.
        (g) The Secretary shall establish separate reduction loan sub-
    amounts and repayment fees for fish sellers in the reduction fishery
    and for fish sellers in each of the fee-share fisheries by dividing the
    total ex-vessel dollar value during the bid scoring period of all
    reduction vessel landings from the reduction fishery and from each of
    the fee-share fisheries by the total such value of all such landings
    for all such fisheries; and multiplying the reduction loan amount by
    each of the quotients resulting from each of the divisions above. Each
    of the resulting products shall be the reduction loan sub-amount for
    the reduction fishery and for each of the fee-share fisheries to which
    each of such products pertains; except that, each fish seller in the
    reduction fishery and in each of the fee-share fisheries shall pay the
    fees required by the reduction loan sub-amounts allocated to it under
    this paragraph; except that, the Secretary may enter into agreements
    with Washington, Oregon, and California to collect any fees established
    under this paragraph.
        (h) Notwithstanding 46 U.S.C. App. 1279(b)(4), the reduction loan's
    term shall not be less than 30 years.
        (i) It is the sense of the Congress that the States of Washington,
    Oregon, and California should revoke all relinquishment permits in each
    of the fee-share fisheries immediately after reduction payment, and
    otherwise to implement appropriate State fisheries management and
    conservation provisions in each of the fee-share fisheries that
    establishes a program that meets the requirements of 16 U.S.C.
    141861a(b)(1)(B) as if it were applicable to fee-share fisheries.
        (j) The term ``fee-share fishery'' means a fishery, other than the
    reduction fishery, whose members are eligible to vote in a referendum
    for an industry fee system under paragraph (c). The term ``reduction
    fishery'' means that portion of a fishery holding limited entry fishing
    permits endorsed for the operation of trawl gear and issued under the
    Federal Pacific Coast Groundfish Fishery Management Plan.
        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 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.

                      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 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,
    $348,397,000, of which $19,000,000 (referred to in this title as the
    ``supplemental legal assistance amount'') is to provide supplemental
    funding for basic field programs, and related administration, to ensure
    that no service area (including a merged or reconfigured service area)
    receives less funding under the Legal Services Corporation Act for
    fiscal year 2003 than the area received for fiscal year 2002, due to
    use of data from the 2000 Census, and 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 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 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. Such amounts shall
    be subject only to conditions and requirements required by the Maritime
    Administration.
        Sec. 618. Use of Emergency Funds for Small Business Loans. The
    matter under the heading ``business loans program account'' in chapter
    2 of division B of the Department of Defense and Emergency Supplemental
    Appropriations for Recovery from and Response to Terrorist Attacks on
    the United States Act, 2002 (Public Law 107-117) is amended by striking
    ``For emergency expenses'' and inserting the following: ``For loan
    guarantee subsidies under section 7(a) of the Small Business Act (15
    U.S.C. 636(a)) or for emergency expenses''.

                             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 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 $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.--evelop, 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
    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 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 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, Fiscal 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 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
    ``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) In General.--(1) 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 Columbia, and the Metropolitan Police Department) may
    enter into an agreement in excess of $2,500 for the procurement of
    goods or services on behalf of any entity of the District 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 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--
                (1) the fees of an attorney who represents a party in an
            action or an attorney who defends any action, including an
            administrative proceeding, brought against the District of
            Columbia Public Schools under the Individuals with Disabilities
            Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for
            that action; or
                (2) the fees of an attorney or firm whom the Chief
            Financial Officer of the District of Columbia determines to
            have a pecuniary interest, either through an attorney, officer
            or employee of the firm, in any special education diagnostic
            services, schools, or other special education service
            providers.
        This division may be cited as the ``District of 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; and of which $500,000 may be available for
    dispersal barriers in the Chicago Ship and Sanitary Canal, Illinois:
    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 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. 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 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.
        Sec. 208. Herring Creek-Tall Timbers, Maryland. (a) In General.--
    Using funds made available by this Act, the Secretary of the Army,
    acting through the Chief of Engineers, may provide immediate corrective
    maintenance to the project at Herring Creek-Tall Timbers, Maryland, at
    full Federal expense.
        (b) Inclusions.--The corrective maintenance described in subsection
    (a), and any other maintenance performed after the date of enactment of
    this Act with respect to the project described in that subsection, may
    include repair or replacement, as appropriate, of the foundation and
    structures adjacent and structurally integral to the project.
        Sec. 209. (a) North Las Vegas Water Reuse Project.--
                (1) Authorization.--The Secretary of the Interior, in
            cooperation with the appropriate local authorities, may
            participate in the design, planning, and construction of the
            North Las Vegas Water Reuse Project (hereinafter referred to as
            the ``Project'') to reclaim and reuse water in the service area
            of the North Las Vegas Utility Division Service Area of the
            city North Las Vegas and county of Clark, Nevada.
                (2) Cost share.--The Federal share of the cost of the
            Project shall not exceed 25 percent of the total cost.
                (3) Limitation.--Funds provided by the Secretary shall not
            be used for the operation or maintenance of the Project.
                (4) Funding.--Funds appropriated pursuant to section 1631
            of the Reclamation Wastewater and Groundwater Study and
            Facilities Act (43 U.S.C. 390h-13) may be used for the Project.
        (b) Reclamation Wastewater and Groundwater Study and Facilities
    Act.--Design, planning, and construction of the Project authorized by
    this Act shall be in accordance with, and subject to the limitations
    contained in, the Reclamation Wastewater and Groundwater Study and
    Facilities Act (106 Stat. 4663-4669, 43 U.S.C. 390h et seq.), as
    amended.

                                   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 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.
        For the purposes of providing funds to assist in financing the
    construction, acquisition, and replacement of the transmission system
    of the Bonneville Power Administration and to implement the authority
    of the Administrator under the Pacific Northwest Electric Power
    Planning and Conservation Act (16 U.S.C. 839 et seq.), an additional
    $700,000,000 in borrowing authority is made available under the Federal
    Columbia River Transmission System Act (16 U.S.C. 838 et seq.), to
    remain outstanding at any time: Provided, That the Bonneville Power
    Administration shall not use more than $531,000,000 of its permanent
    borrowing authority in fiscal year 2003.

          Operation and Maintenance, Southeastern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric 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:
                (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.
        Sec. 312. GAO Study on Subtitle D of the Energy Employees
    Occupational Illness Compensation Program Act. (a) Study.--The General
    Accounting Office (in this section referred to as the ``GAO'') shall
    conduct a study on the effectiveness of the benefit program under
    subtitle D of the Energy Employees Occupational Illness Compensation
    Program Act of 2000 (42 U.S.C. 7385o) in assisting the Department of
    Energy (in this section referred to as the ``DOE'') contractor
    employees in obtaining compensation for occupational illness.
        (b) Report to Congress.--Not later than 120 days after the date of
    enactment of this Act, the GAO shall submit a report to the Senate
    Energy and Natural Resources Committee and the House of Representative
    Energy and Commerce Committee on the results of the study conducted
    under subsection (a).
        Sec. 313. GAO Study of Cleanup at the Paducah Gaseous Diffusion
    Plant in Paducah, Kentucky. (a) Study.--The General Accounting Office
    (in this section referred to as the ``GAO'') shall conduct a study of
    the cleanup progress at the Paducah Gaseous Diffusion Plant in Paducah,
    Kentucky.
        (b) Report to Congress.--Not later than six months after the date
    of enactment of this Act, the GAO shall submit a report to the Senate
    Energy and Natural Resources Committee and the House of Representatives
    Energy and Commerce Committee on the results of the study conducted
    under subsection (a).
        Sec. 314. None of the funds appropriated by this or any other Act
    may be used to defer, deobligate, withdraw to headquarters, reserve for
    contemplated future rescissions, or otherwise adversely affect the
    planned and continuing expenditure of funds previously made available
    for Cerro Grande Fire Activities in Public Law 106-246 and Public Law
    106-377.
        Sec. 315. Notwithstanding any other provision of law, the National
    Nuclear Security Administration is prohibited from taking any actions
    adversely affecting employment at its Nevada Operations Office for a
    period of not less than 365 days.
        Sec. 316. The Secretary of the Interior, and the heads of other
    participating Federal agencies, may participate in the CALFED Bay-Delta
    Authority established by the California Bay-Delta Act (2002 Cal. Stat.
    Chap. 812), to the extent not inconsistent with other law. The
    Secretary of the Interior, in carrying out CALFED activities, may
    undertake feasibility studies for Sites Reservoir, Los Vaqueros
    Enlargement, In-Delta Storage, and Upper San Joaquin Storage projects.
    These storage studies should be pursued along with on-going
    environmental and other projects in a balanced manner.

                                    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 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; $385,000,000 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 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: Provided
    further, That the funds under this heading that are available for the
    treatment and prevention of HIV/AIDS should also include programs and
    activities that are designed to maintain and preserve the families of
    those persons afflicted with HIV/AIDS and to reduce the numbers of
    orphans created by HIV/AIDS.

                     united states agency for international

                                  development

                    child survival and health programs fund

                 additional amount for global hiv/aids programs

                         (including transfer of funds)

        For an additional amount to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for child
    survival, health, and family planning/reproductive health activities,
    $180,000,000, to remain available until September 30, 2004: Provided,
    That of such amount, not less than $100,000,000 shall be made available
    for a United States contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria (in addition to amounts made available for
    contribution to such Fund under any other provision of this Act):
    Provided, further, That, of the additional amount appropriated under
    this heading, up to $25,000,000 (not to be derived from the amount made
    available for contribution under the preceding proviso) may be
    transferred to (and upon transfer shall be merged with) amounts
    appropriated for the Department of Health and Human Services for the
    Centers for Disease Control and Prevention for disease control,
    research, and training under title II of division G of this Act, which
    shall be made available for child survival, maternal health, and other
    disease programs and development activities to prevent, treat, care
    for, and address the impact and consequences of HIV/AIDS: Provided,
    further, That not more than seven percent of the total amount
    appropriated under this heading may be made available for
    administrative costs of departments and agencies of the United States
    that carry out programs for which funds are appropriated under this
    heading, but funds made available for such costs may not to be derived
    from amounts made available for contribution and transfer under the
    preceding provisos.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, and 131, and chapter 10 of part I of the Foreign Assistance
    Act of 1961, $1,365,500,000, to remain available until September 30,
    2004: Provided, That none of the funds appropriated under title II of
    this Act that are managed by or allocated to the United States 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 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 not to exceed
    $200,000,000 of the funds appropriated under this heading in this Act
    may be made available for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying direct loans and
    guarantees for Pakistan: Provided further, That not to exceed
    $15,000,000 of the funds appropriated under this heading in Public Law
    107-206, the Supplemental Appropriations Act for Further Recovery From
    and Response To Terrorist Attacks on the United States, FY 2002, may be
    made available for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying direct loans and
    guarantees for Jordan: Provided further, That $15,000,000 of the funds
    appropriated under this heading shall be made available for Cyprus to
    be used only for 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 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 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
    inernational organizations for assistance for refugees from North
    Korea: Provided further, That funds appropriated under this heading may
    be made available for a headquarters contribution to the International
    Committee of the Red Cross only if the Secretary of State determines
    (and so reports to the appropriate committees of Congress) that the
    Magen David Adom Society of Israel is not being denied participation in
    the activities of the International Red Cross and Red Crescent
    Movement.

         united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 260(c)), $32,000,000, to remain available until expended:
    Provided, That the funds made available under this heading are
    appropriated 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 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 of
    the funds appropriated under this heading, not less than $35,000,000
    shall be made available for the United Nations Population Fund:
    Provided further, That funds appropriated under this heading in this
    Act and in Public Law 107-115 that were available for the United
    Nations Population Fund (UNFPA) shall be made available for UNFPA if
    the President determines that UNFPA no longer supports or participates
    in the management of a program of coercive abortion or involuntary
    sterilization: Provided further, That none of the funds made available
    for the UNFPA may be used in the People's Republic of China: Provided
    further, That the conditions on 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 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 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: Provided further, That of the funds appropriated
    under title II of this Act, not less than $435,000,000 shall be made
    available for family planning/reproductive health.

                    notification on excess defense equipment

        Sec. 522. Prior to providing excess Department of 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 headings ``Trade and Development Agency'', ``International
    Military Education and Training'', ``Foreign Military Financing
    Program'', ``Migration and Refugee Assistance'', and
    ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'',
    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.

                               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 the heading ``Economic Support Fund'' should
    be made available for assistance for Taiwan for the purposes of
    furthering political and legal reforms: Provided further, That such
    funds shall only be made available to the extent that they are matched
    from sources other than the United States Government: Provided further,
    That funds appropriated by this Act that are 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 Transfers1) If assistance is made
    available to the government of a foreign country, under chapter 1 or 10
    of part I or chapter 4 of part II of the Foreign Assistance Act of
    1961, as cash 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, 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 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 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
    $8,000,000 shall be made available for programs to support women's
    development in Afghanistan, including girls' and women's education,
    health, legal and social rights, economic opportunities, and political
    participation: Provided further, That of the funds provided in the
    previous proviso, $5,000,000 shall be made available to support
    activities directed by the Afghan Ministry of Women's Affairs including
    the establishment of women's resource centers in Afghanistan, and not
    less than $1,500,000 should be made available to support activities of
    the National Human Rights Commission of Afghanistan: Provided further,
    That 1 year after the date of enactment of this Act, the Secretary of
    State shall submit a report to the appropriate congressional committees
    that details women's development programs in Afghanistan supported by
    the United States Government, and barriers that impede women's
    development in Afghanistan.

                                    zimbabwe

        Sec. 556. The Secretary of the Treasury shall instruct the United
    States executive director to each international financial institution
    to vote against any extension by the respective institution of any
    loans, to the Government of Zimbabwe, except to meet basic human needs
    or to promote democracy, unless the Secretary of State determines and
    certifies to the Committees on Appropriations that the rule of law has
    been restored in Zimbabwe, including respect for ownership and title to
    property, freedom of speech and association.

                                    nigeria

        Sec. 557. Funds appropriated under the headings ``International
    Military Education and Training'' and ``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 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
    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.

                                   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;
                (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.
        Sec. 585. Extension of Prohibition of Oil and Gas Drilling in the
    Great Lakes. Section 503 of the Energy and Water Resources Development
    Appropriations Act, 2002 (115 Stat. 512), is amended by striking ``2002
    and 2003'' and inserting ``2002 through 2005''.
        Sec. 586. Sense of the Senate With Respect to North Korea. It is
    the sense of the Senate that--
                (1) North Korea has violated the basic terms of the Agreed
            Framework Between the United States of America and the
            Democratic People's Republic of Korea, signed in Geneva on
            October 21, 1994 (and the Confidential Minute to that
            agreement), and the North-South Joint Declaration on the
            Denuclearization of the Korean Peninsula by pursuing the
            enrichment of uranium for the purpose of building a nuclear
            weapon and by ``nuclearizing'' the Korean peninsula;
                (2) North Korea has announced its intention to restart the
            5-megawatt reactor and related reprocessing facility at
            Yongbyon, which were frozen under the Agreed Framework, and has
            expelled the International Atomic Energy Agency personnel
            monitoring the freeze;
                (3) North Korea has announced its intention to withdraw
            from the Treaty on the Non-Proliferation of Nuclear Weapons,
            done at Washington, London, and Moscow on July 1, 1968 (21 UST
            483);
                (4) the Agreed Framework is, as a result of North Korea's
            own actions over several years and recent declaration, null and
            void;
                (5) North Korea's pursuit and development of nuclear
            weapons is of grave concern and represents a serious threat to
            the security of the United States, its regional allies, and
            friends;
                (6) North Korea must immediately come into compliance with
            its obligations under the Treaty on the Non-Proliferation of
            Nuclear Weapons and other commitments to the international
            community;
                (7) any diplomatic solution to the North Korean crisis must
            achieve the total dismantlement of North Korea's nuclear
            weapons and nuclear production capability, including effective
            and comprehensive verification requirements, on-site
            monitoring, and free access for the investigation of all sites
            of concern;
                (8) the United States, in conjunction with the Republic of
            Korea and other allies in the Pacific region, should take
            measures to ensure the highest possible level of deterrence and
            military readiness against the multiple threats that North
            Korea poses;
                (9) since 1995, the United States has been the single
            largest food donor to North Korea, providing $620,000,000 in
            food aid assistance over that time;
                (10) North Korea does not allow full verification of the
            use of food aid assistance, as shown by the failure of North
            Korea to permit the World Food Program to introduce a system of
            random access monitoring of such use in North Korea and the
            failure of North Korea to provide the World Food Program with a
            list of institutions through which World Food Program food is
            provided to beneficiaries;
                (11) the failures described in paragraph (10) fall short of
            humanitarian practice in emergency operations in other parts of
            the world; and
                (12) North Korea should allow full verification of the use
            of food aid assistance by--
                        (A) providing the World Food Program with a list of
                    institutions through which World Food Program food is
                    provided to beneficiaries;
                        (B) permitting the World Food Program to introduce
                    a system of random access monitoring in North Korea;
                    and
                        (C) providing access for the World Food Program in
                    all counties in North Korea.
        This division may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2003''.

         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.

                   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 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, 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; and
    with the funds provided in this title, the Secretary shall release a
    plan for assisting States, Federal agencies and tribes in managing
    chronic wasting disease in wild and captive cervids within 90 days of
    enactment of this Act: Provided, That none of these funds provided for
    the biological research activity shall be used to conduct new surveys
    on private property, unless specifically authorized in writing by the
    property owner: 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 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. 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 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.
                (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''.
        Sec. 136. Historically Black Colleges and Universities. (a)
    Decreased Cost-Sharing Requirement.--Section 507(c) of the Omnibus
    Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is
    amended--
                (1) by striking ``(1) Except'' and inserting the following:
                ``(1) In general.--Except'';
                (2) by striking ``paragraph (2)'' and inserting
            ``paragraphs (2) and (3)'';
                (3) by striking ``(2) The Secretary'' and inserting the
            following:
                ``(2) Waiver.--The Secretary'';
                (4) by striking ``paragraph (1)'' and inserting
            ``paragraphs (1) and (3)''; and
                (5) by adding at the end the following:
                ``(3) Exception.--The Secretary shall not obligate funds
            made available under subsection (d)(2) for a grant with respect
            to a building or structure listed on, or eligible for listing
            on, the National Register of Historic Places unless the grantee
            agrees to provide, from funds derived from non-Federal sources,
            an amount that is equal to 30 percent of the total cost of the
            project for which the grant is provided.''.
        (b) Authorization of Appropriations.--Section 507(d) of the Omnibus
    Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is
    amended--
                (1) by striking ``Pursuant to'' and inserting the
            following:
                ``(1) In general.--Under''; and
                (2) by adding at the end the following:
                ``(2) Additional funding.--In addition to amounts made
            available under paragraph (1), there is authorized to be
            appropriated from the Historic Preservation Fund to carry out
            this section $10,000,000 for each of fiscal years 2003 through
            2008.''.
        Sec. 137. The document entitled ``Final Environmental Impact
    Statement for the Renewal of the Federal Grant for the Trans-Alaska
    Pipeline System Right-of-Way (FEIS)'' dated November 2002, shall be
    deemed sufficient to meet the requirements of section 102(2)(C) of the
    National Environmental Policy Act (42 U.S.C. 4332(2)(C)) with respect
    to the determination contained in the Record of Decision dated January
    8, 2003 relating to the renewal of the Federal right-of-way for the
    Trans-Alaska Pipeline and related facilities.
        Sec. 138. Missouri River. It is the sense of the Congress that the
    member States and tribes of the Missouri River Basin Association are
    strongly encouraged to reach agreement on a flow schedule for the
    Missouri River as soon as practicable for 2003.
        Sec. 139. Treatment of Abandoned Mine Reclamation Fund Interest.
    (a) In General.--Notwithstanding any other provision of law, any
    interest credited to the fund established by section 401 of the Surface
    Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) shall be
    transferred to the Combined Fund identified in section 402(h)(2) of
    such Act (30 U.S.C. 1232(h)(2)), up to such amount as is estimated by
    the trustees of such Combined Fund to offset the amount of any deficit
    in net assets in the Combined Fund. No transfers made pursuant to this
    section shall exceed $34,000,000.
        (b) Prohibition on Other Transfers.--Except as provided in
    subsection (a), no principal amounts in or credited to the fund
    established by section 401 of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1231) may be transferred to the
    Combined Fund identified in section 402(h)(2) of such Act (30 U.S.C
    1232(h)(2)).
        (c) Limitation.--This section shall cease to have any force and
    effect after September 30, 2004.
        Sec. 140. Section 511(g)(2)(A) of the Omnibus Parks and Public
    Lands Management Act of 1996 (16 U.S.C. 410ddd(g)(2)(A)) is amended by
    striking ``$2,000,000'' and inserting ``$5,000,000''.
        Sec. 141. Congress reaffirms its original intent that the Herger-
    Feinstein Quincy Library Group Forest Recovery Act of 1998 be
    implemented, and hereby extends the expiration of the Quincy Library
    Group Act by 5 years.
        Sec. 142. Replacement of Coastal Barrier Resources System Map. (a)
    In General.--The map described in subsection (b) is replaced, in the
    maps depicting the Coastal Barrier Resources System that are referred
    to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C.
    3503(a)), by the map entitled ``Plum Tree Island Unit VA-59P, Long
    Creek Unit VA-60/VA-60P'' and dated May 1, 2002.
        (b) Description of Replaced Map.--The map referred to in subsection
    (a) is the map that--
                (1) relates to Plum Island Unit VA-59P and Long Creek Unit
            VA-60/VA-60P located in Poquoson and Hampton, Virginia; and
                (2) is included in a set of maps entitled `Coastal Barrier
            Resources System'', dated October 24, 1990, revised on October
            23, 1992, and referred to in section 4(a) of the Coastal
            Barrier Resources Act (16 U.S.C. 3503(a)).
        (c) Availability.--The Secretary of the Interior shall keep the
    replacement map described in subsection (b) on file and available for
    inspection in accordance with section 4(b) of the Coastal Barrier
    Resources Act (16 U.S.C. 3503(b)).
        Sec. 143. Sense of the Senate Regarding Southern California
    Offshore Oil Leases. (a) Findings.--Congress finds that--
                (1) there are 36 undeveloped oil leases on land in the
            southern California planning area of the outer Continental
            Shelf that--
                        (A) have been under review by the Secretary of the
                    Interior for an extended period of time, including some
                    leases that have been under review for over 30 years;
                    and
                        (B) have not been approved for development under
                    the Outer Continental Shelf Lands Act (43 U.S.C. 1331
                    et seq.);
                (2) the oil companies that hold the 36 leases--
                        (A) have expressed an interest in retiring the
                    leases in exchange for equitable compensation; and
                        (B) are engaged in settlement negotiations with the
                    Secretary of the Interior for the retirement of the
                    leases; and
                (3) it would be a waste of the taxpayer's money to continue
            the process for approval or permitting of the 36 leases while
            the Secretary of the Interior and the lessees are negotiating
            to retire the leases.
        (b) Sense of the Senate.--It is the sense of the Senate that no
    funds made available by this Act or any other Act for any fiscal year
    should be used by the Secretary of the Interior to approve any
    exploration, development, or production plan for, or application for a
    permit to drill on, the 36 undeveloped leases in the southern
    California planning area of the outer Continental Shelf during any
    period in which the lessees are engaged in settlement negotiations with
    the Secretary of the Interior for the retirement of the leases.
        Sec. 144. Report on Avian Mortality at Communications Towers. (a)
    In General.--Not later than 180 days after the date of enactment of
    this Act, the Director of the United States Fish and Wildlife Service,
    in cooperation with the Chairman of the Federal Communications
    Commission and the Administrator of the Federal Aviation
    Administration, shall submit to the Committee on Appropriations, the
    Committee on Environment and Public Works, and the Committee on
    Commerce, Science, and Transportation of the Senate a report on avian
    mortality at communications towers in the United States.
        (b) Contents.--The report submitted under subsection (a) shall
    include--
                (1) an estimate of the number of birds that collide with
            communication towers;
                (2) a description of the causes of those collisions; and
                (3) recommendations on how to prevent those collisions.
        Sec. 145. Permanent Authority to Operate the Strategic Petroleum
    Reserve and Other Energy Programs. (a) Amendment to Title I of the
    Energy Policy and Conservation Act.--Title I of the Energy Policy and
    Conservation Act (42 U.S.C. 6211 et seq.) is amended--
                (1) by striking section 166 (42 U.S.C. 6246) and
            inserting--

                       ``authorization of appropriations

        ``Sec. 166. There are authorized to be appropriated to the
    Secretary such sums as may be necessary to carry out this part and part
    D, to remain available until expended.'';
                (2) by striking section 186 (42 U.S.C. 6250e); and
                (3) by striking part E (42 U.S.C. 6251; relating to the
            expiration of title I of the Act).
        (b) Amendment to Title II of the Energy Policy and Conservation
    Act.--Title II of the Energy Policy and Conservation Act (42 U.S.C.
    6271 et seq.) is amended--
                (1) by striking section 256(h) (42 U.S.C. 6276(h)) and
            inserting--
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary to carry
    out this part, to remain available until expended.'';
                (2) by inserting before section 273 (42 U.S.C. 6283) the
            following:

              ``Part C--Summer Fill and Fuel Budgeting Programs'';

                (3) by striking section 273(e) (42 U.S.C. 6283(e); relating
            to the expiration of summer fill and fuel budgeting programs);
            and
                (4) by striking part D (42 U.S.C. 6285; relating to the
            expiration of title II of the Act).
        (c) Technical Amendments.--The table of contents for the Energy
    Policy and Conservation Act is amended--
                (1) by amending the items relating to part D of title I to
            read as follows:

                  ``Part D--Northeast Home Heating Oil Reserve

    ``Sec. 181. Establishment.
    ``Sec. 182. Authority.
    ``Sec. 183. Conditions for release; plan.
    ``Sec. 184. Northeast Home Heating Oil Reserve Account.
    ``Sec. 185. Exemptions.'';
                (2) by amending the items relating to part C of title II to
            read as follows:

               ``Part C--Summer Fill and Fuel Budgeting Programs

    ``Sec. 273. Summer fill and fuel budgeting programs.'';
            and
                (3) by striking the items relating to part D of title II.
        (d) Amendment to the Energy Policy and Conservation Act.--Section
    183(b)(1) of the Energy Policy and Conservation Act (42 U.S.C.
    6250b(b)(1)) is amended by inserting ``(considered as a heating season
    average)'' after ``mid-October through March''.
        (e) Full Capacity.--The President shall--
                (1) fill the Strategic Petroleum Reserve established
            pursuant to part B of title I of the Energy Policy and
            Conservation Act (42 U.S.C. 6231 et seq.) to full capacity as
            soon as practicable;
                (2) acquire petroleum for the Strategic Petroleum Reserve
            by the most practicable and cost-effective means, including the
            acquisition of crude oil the United States is entitled to
            receive in kind as royalties from production on Federal lands;
            and
                (3) ensure that the fill rate minimizes impacts on
            petroleum markets.
        (f) Recommendations.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to the
    Congress a plan to--
                (1) eliminate any infrastructure impediments that may limit
            maximum drawdown capability; and
                (2) determine whether the capacity of the Strategic
            Petroleum Reserve on the date of enactment of this section is
            adequate in light of the increasing consumption of petroleum
            and the reliance on imported petroleum.
        Sec. 146. Modified Water Delivery Project in the State of Florida.
    The Corps of Engineers, using funds made available for modifications
    authorized by section 104 of the Everglades National Park Protection
    and Expansion Act of 1989 (16 U.S.C. 410r-8), may immediately carry out
    alternative 6D (including paying 100 percent of the cost of acquiring
    land or an interest in land) for the purpose of providing a flood
    protection system for the 8.5 square mile area described in the report
    entitled ``Central and South Florida Project, Modified Water Deliveries
    to Everglades National Park, Florida, 8.5 Square Mile Area, General
    Reevaluation Report and Final Supplemental Environmental Impact
    Statement'' and dated July 2000.

                           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: Provided further, That within funds available for the
    purpose of implementing the Valles Caldera Preservation Act,
    notwithstanding the limitations of section 107(e)(2) of the Valles
    Caldera Preservation Act (Public Law 106-248), for fiscal year 2003,
    the members of the Board of Trustees of the Valles Caldera Trust may
    receive, upon request, compensation for each day (including travel
    time) that they are engaged in the performance of the functions of the
    Board, except that compensation shall not exceed the daily equivalent
    of the annual rate in effect for members of the Senior Executive
    Service at the ES-1 level, and shall be in addition to any
    reimbursement for travel, subsistence and other necessary expenses
    incurred by them in the performance of their duties, and except that
    members of the Board who are officers or employees of the United States
    shall not receive any additional compensation by reason of service on
    the Board.

                            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, $1,351,791,000, 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 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 funds for hazardous fuel treatment under this heading may
    be used for the County Partnership Restoration Program for forest
    restoration on the Apache-Sitgreaves National Forest in Arizona, the
    Lincoln National Forest in New Mexico, and the Grand Mesa, Uncompahgre
    and Gunnison National Forest in Colorado: Provided further, That of the
    funds provided, $228,109,000 is for hazardous fuel treatment,
    $6,124,000 is for rehabilitation and restoration, of which $2,500,000
    may be for rehabilitation and restoration on the Apache-Sitgreaves
    National Forest, $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, $145,763,000 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 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.

                          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 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.

                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 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 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.
        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.
        Sec. 330. Section 7(c) of Public Law 106-143 is amended by striking
    ``2001'' and inserting ``2004''.
        Sec. 331. Clarification of Alaska Native Settlement Trusts. (a)
    Section 1629b of title 43, United States Code, is amended--
                (1) at subsection (d)(1) by striking ``An'' and inserting
            in its place ``Except as otherwise set forth in subsection
            (d)(3) of this section, an'';
                (2) by creating the following new subsection:
        ``(d)(3) A resolution described in subsection (a)(3) of this
    section shall be considered to be approved by the shareholders of a
    Native Corporation if it receives the affirmative vote of shares
    representing--
                ``(A) a majority of the shares present or represented by
            proxy at the meeting relating to such resolution, or
                ``(B) an amount of shares greater than a majority of the
            shares present or represented by proxy at the meeting relating
            to such resolution (but not greater than two-thirds of the
            total voting power of the corporation) if the corporation
            establishes such a level by an amendment to its articles of
            incorporation.'';
                (3) by creating the following new subsection:
        ``(f) Substantially All of the Assets.--For purposes of this
    section and section 1629e of this title, a Native Corporation shall be
    considered to be transferring all or substantially all of its assets to
    a Settlement Trust only if such assets represent two-thirds or more of
    the fair market value of the Native Corporation's total assets.''.
        (b) Section 1629e(a)(3) of title 43, United States Code, is amended
    by striking subparagraph (B) and inserting in its place the following:
                        ``(B) shall give rise to dissenters rights to the
                    extent provided under the laws of the State only if--
                                ``(i) the rights of beneficiaries in the
                            Settlement Trust receiving a conveyance are
                            inalienable; and
                                ``(ii) a shareholder vote on such transfer
                            is required by (a)(4) of section 1629b of this
                            title.''.

                TITLE IV--T'UF SHUR BIEN PRESERVATION TRUST AREA

    SEC. 401. SHORT TITLE.

        This title may be cited as the ``T'uf Shur Bien Preservation Trust
    Area Act''.

    SEC. 402. FINDINGS AND PURPOSES.

        (a) Findings.--Congress finds that--
                (1) in 1748, the Pueblo of Sandia received a grant from a
            representative of the King of Spain, which grant was recognized
            and confirmed by Congress in 1858 (11 Stat. 374); and
                (2) in 1994, the Pueblo filed a civil action against the
            Secretary of the Interior and the Secretary of Agriculture in
            the United States District Court for the District of Columbia
            (Civil No. 1:94CV02624), asserting that Federal surveys of the
            grant boundaries erroneously excluded certain land within the
            Cibola National Forest, including a portion of the Sandia
            Mountain Wilderness.
        (b) Purposes.--The purposes of this title are--
                (1) to establish the T'uf Shur Bien Preservation Trust Area
            in the Cibola National Forest;
                (2) to confirm the status of national forest land and
            wilderness land in the Area while resolving issues associated
            with the civil action referred to in subsection (a)(2) and the
            opinions of the Solicitor of the Department of the Interior
            dated December 9, 1988 (M-36963; 96 I.D. 331) and January 19,
            2001 (M-37002); and
                (3) to provide the Pueblo, the parties to the civil action,
            and the public with a fair and just settlement of the Pueblo's
            claim.

    SEC. 403. DEFINITIONS.

        In this title:
                (1) Area.--
                        (A) In general.--The term ``Area'' means the T'uf
                    Shur Bien Preservation Trust Area, comprised of
                    approximately 9890 acres of land in the Cibola National
                    Forest, as depicted on the map.
                        (B) Exclusions.--The term ``Area'' does not
                    include--
                                (i) the subdivisions;
                                (ii) Pueblo-owned land;
                                (iii) the crest facilities; or
                                (iv) the special use permit area.
                (2) Crest facilities.--The term ``crest facilities''
            means--
                        (A) all facilities and developments located on the
                    crest of Sandia Mountain, including the Sandia Crest
                    Electronic Site;
                        (B) electronic site access roads;
                        (C) the Crest House;
                        (D) the upper terminal, restaurant, and related
                    facilities of Sandia Peak Tram Company;
                        (E) the Crest Observation Area;
                        (F) parking lots;
                        (G) restrooms;
                        (H) the Crest Trail (Trail No. 130);
                        (I) hang glider launch sites;
                        (J) the Kiwanis cabin; and
                        (K) the land on which the facilities described in
                    subparagraphs (A) through (J) are located and the land
                    extending 100 feet along terrain to the west of each
                    such facility, unless a different distance is agreed to
                    in writing by the Secretary and the Pueblo and
                    documented in the survey of the Area.
                (3) Existing use.--The term ``existing use'' means a use
            that--
                        (A) is occurring in the Area as of the date of
                    enactment of this Act; or
                        (B) is authorized in the Area after November 1,
                    1995, but before the date of enactment of this Act.
                (4) La luz tract.--The term ``La Luz tract'' means the
            tract comprised of approximately 31 acres of land owned in fee
            by the Pueblo and depicted on the map.
                (5) Local public body.--The term ``local public body''
            means a political subdivision of the State of New Mexico (as
            defined in New Mexico Code 6-5-1).
                (6) Map.--The term ``map'' means the Forest Service map
            entitled ``T'uf Shur Bien Preservation Trust Area'' and dated
            April 2000.
                (7) Modified use.--
                        (A) In general.--The term ``modified use'' means an
                    existing use that, at any time after the date of
                    enactment of this Act, is modified or reconfigured but
                    not significantly expanded.
                        (B) Inclusions.--The term ``modified use''
                    includes--
                                (i) a trail or trailhead being modified,
                            such as to accommodate handicapped access;
                                (ii) a parking area being reconfigured (but
                            not expanded); and
                                (iii) a special use authorization for a
                            group recreation use being authorized for a
                            different use area or time period.
                (8) New use.--
                        (A) In general.--The term ``new use'' means--
                                (i) a use that is not occurring in the Area
                            as of the date of enactment of this Act; and
                                (ii) an existing use that is being modified
                            so as to be significantly expanded or altered
                            in scope, dimension, or impact on the land,
                            water, air, or wildlife resources of the Area.
                        (B) Exclusions.--The term ``new use'' does not
                    include a use that--
                                (i) is categorically excluded from
                            documentation requirements under the National
                            Environmental Policy Act of 1969 (42 U.S.C.
                            4321 et seq.); or
                                (ii) is carried out to comply with the
                            Endangered Species Act of 1973 (16 U.S.C. 1531
                            et seq.).
                (9) Piedra lisa tract.--The term ``Piedra Lisa tract''
            means the tract comprised of approximately 160 acres of land
            owned by the Pueblo and depicted on the map.
                (10) Pueblo.--The term ``Pueblo'' means the Pueblo of
            Sandia in its governmental capacity.
                (11) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.
                (12) Settlement agreement.--The term ``Settlement
            Agreement'' means the Agreement of Compromise and Settlement
            dated April 4, 2000, among the United States, the Pueblo, and
            the Sandia Peak Tram Company.
                (13) Special use permit.--The term ``special use permit''
            means the Special Use Permit issued December 1, 1993, by the
            Secretary to Sandia Peak Tram Company and Sandia Peak Ski
            Company
                (14) Special use permit area.--
                        (A) In general.--The term ``special use permit
                    area'' means the land and facilities subject to the
                    special use permit.
                        (B) Inclusions.--The term ``special use permit
                    area'' includes--
                                (i) approximately 46 acres of land used as
                            an aerial tramway corridor;
                                (ii) approximately 945 acres of land used
                            as a ski area; and
                                (iii) the land and facilities described in
                            Exhibit A to the special use permit,
                            including--
                                        (I) the maintenance road to the
                                    lower tram tower;
                                        (II) water storage and water
                                    distribution facilities; and
                                        (III) 7 helispots.
                (15) Subdivision.--The term ``subdivision'' means--
                        (A) the subdivision of--
                                (i) Sandia Heights Addition;
                                (ii) Sandia Heights North Unit I, II, or 3;
                                (iii) Tierra Monte;
                                (iv) Valley View Acres; or
                                (v) Evergreen Hills; and
                        (B) any additional plat or privately-owned property
                    depicted on the map.
                (16) Traditional or cultural use.--The term ``traditional
            or cultural use'' means--
                        (A) a ceremonial activity (including the placing of
                    ceremonial materials in the Area); and
                        (B) the use, hunting, trapping, or gathering of
                    plants, animals, wood, water, and other natural
                    resources for a noncommercial purpose.

    SEC. 404. T'UF SHUR BIEN PRESERVATION TRUST AREA.

        (a) Establishment.--The T'uf Shur Bien Preservation Trust Area is
    established within the Cibola National Forest and the Sandia Mountain
    Wilderness as depicted on the map--
                (1) to recognize and protect in perpetuity the rights and
            interests of the Pueblo in and to the Area, as specified in
            section 405(a);
                (2) to preserve in perpetuity the national forest and
            wilderness character of the Area; and
                (3) to recognize and protect in perpetuity the longstanding
            use and enjoyment of the Area by the public.
        (b) Administration and Applicable Law.--
                (1) In general.--The Secretary shall continue to administer
            the Area as part of the National Forest System subject to and
            consistent with the provisions of this title affecting
            management of the Area.
                (2) Traditional or cultural uses.--Traditional or cultural
            uses by Pueblo members and members of other federally-
            recognized Indian tribes authorized to use the Area by the
            Pueblo under section 405(a)(4) shall not be restricted except
            by--
                        (A) the Wilderness Act (16 U.S.C. 1131 et seq.)
                    (including regulations promulgated under that Act) as
                    in effect on the date of enactment of this Act; and
                        (B) applicable Federal wildlife protection laws, as
                    provided in section 406(a)(2).
                (3) Later enactments.--To the extent that any law enacted
            or amended after the date of enactment of this Act is
            inconsistent with this title, the law shall not apply to the
            Area unless expressly made applicable by Congress.
                (4) Trust.--The use of the word ``Trust'' in the name of
            the Area--
                        (A) is in recognition of the specific rights and
                    interests of the Pueblo in the Area; and
                        (B) does not confer on the Pueblo the ownership
                    interest that exists in a case in which the Secretary
                    of the Interior accepts the title to land held in trust
                    for the benefit of an Indian tribe.
        (c) Map.--
                (1) Filing.--As soon as practicable after the date of
            enactment of this Act, the Secretary shall file the map and a
            legal description of the Area with the Committee on Resources
            of the House of Representatives and with the Committee on
            Energy and Natural Resources of the Senate.
                (2) Public availability.--The map and legal description
            shall be on file and available for public inspection in the
            Office of the Chief of the Forest Service, Washington, District
            of Columbia.
                (3) Effect.--The map and legal description filed under
            paragraph (1) shall have the same effect as if the map and
            legal description were included in this title, except that--
                        (A) technical and typographical errors shall be
                    corrected;
                        (B) changes that may be necessary under subsection
                    (b), (d), or (e) of section 409 or subsection (b) or
                    (c) of section 413 shall be made; and
                        (C) to the extent that the map and the language of
                    this title conflict, the language of this title shall
                    control.
        (d) No Conveyance of Title.--No right, title, or interest of the
    United States in or to the Area or any part of the Area shall be
    conveyed to or exchanged with any person, trust, or governmental
    entity, including the Pueblo, without specific authorization of
    Congress.
        (e) Prohibited Uses.--
                (1) In general.--Notwithstanding any other provision of
            law--
                        (A) no use prohibited by the Wilderness Act (16
                    U.S.C. 1131 et seq.) as of the date of enactment of
                    this Act shall be permitted in the wilderness portion
                    of the Area; and
                        (B) none of the following uses shall be permitted
                    in any portion of the Area:
                                (i) Gaming or gambling.
                                (ii) Mineral production.
                                (iii) Timber production.
                                (iv) Any new use to which the Pueblo
                            objects under section 405(a)(3).
                (2) Mining claims.--The Area is closed to the location of
            mining claims under section 2320 of the Revised Statutes (30
            U.S.C. 23) (commonly known as the ``Mining Law of 1872'').
        (f) No Modification of Boundaries.--Establishment of the Area shall
    not--
                (1) affect the boundaries of or repeal or disestablish the
            Sandia Mountain Wilderness or the Cibola National Forest; or
                (2) modify the existing boundary of the Pueblo grant.

    SEC. 405. PUEBLO RIGHTS AND INTERESTS IN THE AREA.

        (a) In General.--The Pueblo shall have the following rights and
    interests in the Area:
                (1) Free and unrestricted access to the Area for
            traditional or cultural uses, to the extent that those uses are
            not inconsistent with--
                        (A) the Wilderness Act (16 U.S.C. 1131 et seq.)
                    (including regulations promulgated under that Act) as
                    in effect on the date of enactment of this Act; or
                        (B) applicable Federal wildlife protection laws as
                    provided in section 406(a)(2).
                (2) Perpetual preservation of the national forest and
            wilderness character of the Area under this title.
                (3) Rights in the management of the Area as specified in
            section 407, including--
                        (A) the right to consent or withhold consent to a
                    new use;
                        (B) the right to consultation regarding a modified
                    use;
                        (C) the right to consultation regarding the
                    management and preservation of the Area; and
                        (D) the right to dispute resolution procedures.
                (4) Exclusive authority, in accordance with the customs and
            laws of the Pueblo, to administer access to the Area for
            traditional or cultural uses by members of the Pueblo and of
            other federally-recognized Indian tribes.
                (5) Such other rights and interests as are recognized in
            sections 404, 405(c), 407, 408, and 409.
        (b) Access.-- Except as provided in subsection (a)(4), access to
    and use of the Area for all other purposes shall continue to be
    administered by the Secretary.
        (c) Compensable Interest.--
                (1) In general.--If, by an Act of Congress enacted after
            the date of enactment of this Act, Congress diminishes the
            national forest or wilderness designation of the Area by
            authorizing a use prohibited by section 404(e) in all or any
            portion of the Area, or denies the Pueblo access for any
            traditional or cultural use in all or any portion of the Area--
                        (A) the United States shall compensate the Pueblo
                    as if the Pueblo held a fee title interest in the
                    affected portion of the Area and as though the United
                    States had acquired such an interest by legislative
                    exercise of the power of eminent domain; and
                        (B) the restrictions of sections 404(e) and 406(a)
                    shall be disregarded in determining just compensation
                    owed to the Pueblo.
                (2) Effect.--Any compensation made to the Pueblo under
            paragraph (c) shall not affect the extinguishment of claims
            under section 410.

    SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE AREA.

        (a) Limitations.--The rights and interests of the Pueblo recognized
    in this title do not include--
                (1) any right to sell, grant, lease, convey, encumber, or
            exchange land or any interest in land in the Area (and any such
            conveyance shall not have validity in law or equity);
                (2) any exemption from applicable Federal wildlife
            protection laws;
                (3) any right to engage in a use prohibited by section
            404(e); or
                (4) any right to exclude persons or governmental entities
            from the Area.
        (b) Exception.--No person who exercises traditional or cultural use
    rights as authorized by section 405(a)(4) may be prosecuted for a
    Federal wildlife offense requiring proof of a violation of a State law
    (including regulations).

    SEC. 407. MANAGEMENT OF THE AREA.

        (a) Process.--
                (1) In general.--The Secretary shall consult with the
            Pueblo not less than twice each year, unless otherwise mutually
            agreed, concerning protection, preservation, and management of
            the Area (including proposed new uses and modified uses in the
            Area and authorizations that are anticipated during the next 6
            months and were approved in the preceding 6 months).
                (2) New uses.--
                        (A) Request for consent after consultation.--
                                (i) Denial of consent.--If the Pueblo
                            denies consent for a new use within 30 days
                            after completion of the consultation process,
                            the Secretary shall not proceed with the new
                            use.
                                (ii) Granting of consent.--If the Pueblo
                            consents to the new use in writing or fails to
                            respond within 30 days after completion of the
                            consultation process, the Secretary may proceed
                            with the notice and comment process and the
                            environmental analysis.
                        (B) Final request for consent.--
                                (i) Request.--Before the Secretary (or a
                            designee) signs a record of decision or
                            decision notice for a proposed new use, the
                            Secretary shall again request the consent of
                            the Pueblo.
                                (ii) Denial of consent.--If the Pueblo
                            denies consent for a new use within 30 days
                            after receipt by the Pueblo of the proposed
                            record of decision or decision notice, the new
                            use shall not be authorized.
                                (iii) Failure to respond.--If the Pueblo
                            fails to respond to the consent request within
                            30 days after receipt of the proposed record of
                            decision or decision notice--
                                        (I) the Pueblo shall be deemed to
                                    have consented to the proposed record
                                    of decision or decision notice; and
                                        (II) the Secretary may proceed to
                                    issue the final record of decision or
                                    decision notice.
                (3) Public involvement.--
                        (A) In general.--With respect to a proposed new use
                    or modified use, the public shall be provided notice
                    of--
                                (i) the purpose and need for the proposed
                            new use or modified use;
                                (ii) the role of the Pueblo in the
                            decisionmaking process; and
                                (iii) the position of the Pueblo on the
                            proposal.
                        (B) Court challenge.--Any person may bring a civil
                    action in the United States District Court for the
                    District of New Mexico to challenge a determination by
                    the Secretary concerning whether a use constitutes a
                    new use or a modified use.
        (b) Emergencies and Emergency Closure Orders.--
                (1) Authority.--The Secretary shall retain the authority of
            the Secretary to manage emergency situations, to--
                        (A) provide for public safety; and
                        (B) issue emergency closure orders in the Area
                    subject to applicable law.
                (2) Notice.--The Secretary shall notify the Pueblo
            regarding emergencies, public safety issues, and emergency
            closure orders as soon as practicable.
                (3) No consent.--An action of the Secretary described in
            paragraph (1) shall not require the consent of the Pueblo.
        (c) Disputes Involving Forest Service Management and Pueblo
    Traditional Uses.--
                (1) In general.--In a case in which the management of the
            Area by the Secretary conflicts with a traditional or cultural
            use, if the conflict does not pertain to a new use subject to
            the process specified in subsection (a)(2), the process for
            dispute resolution specified in this subsection shall apply.
                (2) Dispute resolution process.--
                        (A) In general.--In the case of a conflict
                    described in paragraph (1)--
                                (i) the party identifying the conflict
                            shall notify the other party in writing
                            addressed to the Governor of the Pueblo or the
                            Regional Forester, as appropriate, specifying
                            the nature of the dispute; and
                                (ii) the Governor of the Pueblo or the
                            Regional Forester shall attempt to resolve the
                            dispute for a period of at least 30 days after
                            notice has been provided before bringing a
                            civil action in the United States District
                            Court for the District of New Mexico.
                        (B) Disputes requiring immediate resolution.--In
                    the case of a conflict that requires immediate
                    resolution to avoid imminent, substantial, and
                    irreparable harm--
                                (i) the party identifying the conflict
                            shall notify the other party and seek to
                            resolve the dispute within 3 days of the date
                            of notification; and
                                (ii) if the parties are unable to resolve
                            the dispute within 3 days--
                                        (I) either party may bring a civil
                                    action for immediate relief in the
                                    United States District Court for the
                                    District of New Mexico; and
                                        (II) the procedural requirements
                                    specified in subparagraph (A) shall not
                                    apply.

    SEC. 408. JURISDICTION OVER THE AREA.

        (a) Criminal Jurisdiction.--
                (1) In general.--Notwithstanding any other provision of
            law, jurisdiction over crimes committed in the Area shall be
            allocated as provided in this paragraph.
                (2) Jurisdiction of the pueblo.--The Pueblo shall have
            jurisdiction over an offense committed by a member of the
            Pueblo or of another federally-recognized Indian tribe who is
            present in the Area with the permission of the Pueblo under
            section 405(a)(4).
                (3) Jurisdiction of the united states.--The United States
            shall have jurisdiction over--
                        (A) an offense described in section 1153 of title
                    18, United States Code, committed by a member of the
                    Pueblo or another federally-recognized Indian tribe;
                        (B) an offense committed by any person in violation
                    of the laws (including regulations) pertaining to the
                    protection and management of national forests;
                        (C) enforcement of Federal criminal laws of general
                    applicability; and
                        (D) any other offense committed by a member of the
                    Pueblo against a person not a member of the Pueblo.
                (4) Jurisdiction of the state of new mexico.--The State of
            New Mexico shall have jurisdiction over an offense under the
            law of the State committed by a person not a member of the
            Pueblo.
                (5) Overlapping jurisdiction.--To the extent that the
            respective allocations of jurisdiction over the Area under
            paragraphs (2), (3), and (4) overlap, the governments shall
            have concurrent jurisdiction.
                (6) Federal use of state law.--Under the jurisdiction of
            the United States described in paragraph (3)(D), Federal law
            shall incorporate any offense defined and punishable under
            State law that is not so defined under Federal law.
        (b) Civil Jurisdiction.--
                (1) In general.--Except as provided in paragraphs (2) and
            (3), the United States, the State of New Mexico, and local
            public bodies shall have the same civil adjudicatory,
            regulatory, and taxing jurisdiction over the Area as was
            exercised by those entities on the day before the date of
            enactment of this Act.
                (2) Jurisdiction of the pueblo.--
                        (A) In general.--The Pueblo shall have exclusive
                    civil adjudicatory jurisdiction over--
                                (i) a dispute involving only members of the
                            Pueblo;
                                (ii) a civil action brought by the Pueblo
                            against a member of the Pueblo; and
                                (iii) a civil action brought by the Pueblo
                            against a member of another federally-
                            recognized Indian tribe for a violation of an
                            understanding between the Pueblo and the other
                            tribe regarding use of or access to the Area
                            for traditional or cultural uses.
                        (B) Regulatory jurisdiction.--The Pueblo shall have
                    no regulatory jurisdiction over the Area, except that
                    the Pueblo shall have exclusive authority to--
                                (i) regulate traditional or cultural uses
                            by the members of the Pueblo and administer
                            access to the Area by other federally-
                            recognized Indian tribes for traditional or
                            cultural uses, to the extent such regulation is
                            consistent with this title; and
                                (ii) regulate hunting and trapping in the
                            Area by members of the Pueblo, to the extent
                            that the hunting or trapping is related to
                            traditional or cultural uses, except that such
                            hunting and trapping outside of that portion of
                            the Area in sections 13, 14, 23, 24, and the
                            northeast quarter of section 25 of T12N, R4E,
                            and section 19 of T12N, R5E, N.M.P.M., Sandoval
                            County, New Mexico, shall be regulated by the
                            Pueblo in a manner consistent with the
                            regulations of the State of New Mexico
                            concerning types of weapons and proximity of
                            hunting and trapping to trails and residences.
                        (C) Taxing jurisdiction.--The Pueblo shall have no
                    authority to impose taxes within the Area.
                (3) State and local taxing jurisdiction.--The State of New
            Mexico and local public bodies shall have no authority within
            the Area to tax the uses or the property of the Pueblo, members
            of the Pueblo, or members of other federally-recognized Indian
            tribes authorized to use the Area under section 405(a)(4).

    SEC. 409. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

        (a) Subdivisions.--
                (1) In general.--The subdivisions are excluded from the
            Area.
                (2) Jurisdiction.--
                        (A) In general.--The Pueblo shall have no civil or
                    criminal jurisdiction for any purpose, including
                    adjudicatory, taxing, zoning, regulatory or any other
                    form of jurisdiction, over the subdivisions and
                    property interests therein, and the laws of the Pueblo
                    shall not apply to the subdivisions.
                        (B) State jurisdiction.--The jurisdiction of the
                    State of New Mexico and local public bodies over the
                    subdivisions and property interests therein shall
                    continue in effect, except that on application of the
                    Pueblo a tract comprised of approximately 35
                    contiguous, nonsubdivided acres in the northern section
                    of Evergreen Hills owned in fee by the Pueblo at the
                    time of enactment of this Act, shall be transferred to
                    the United States and held in trust for the Pueblo by
                    the United States and administered by the Secretary of
                    the Interior.
                (3) Limitations on trust land.--Trust land described in
            paragraph (2)(B) shall be subject to all limitations on use
            pertaining to the Area contained in this title.
        (b) Piedra Lisa.--
                (1) In general.--The Piedra Lisa tract is excluded from the
            Area.
                (2) Declaration of trust title.--The Piedra Lisa tract--
                        (A) shall be transferred to the United States;
                        (B) is declared to be held in trust for the Pueblo
                    by the United States; and
                        (C) shall be administered by the Secretary of the
                    Interior subject to all limitations on use pertaining
                    to the Area contained in this title.
                (3) Applicability of certain restriction.--The restriction
            contained in section 406(a)(4) shall not apply outside of
            Forest Service System trails.
        (c) Crest Facilities.--
                (1) In general.--The land on which the crest facilities are
            located is excluded from the Area.
                (2) Jurisdiction.--The Pueblo shall have no civil or
            criminal jurisdiction for any purpose, including adjudicatory,
            taxing, zoning, regulatory or any other form of jurisdiction,
            over the land on which the crest facilities are located and
            property interests therein, and the laws of the Pueblo, shall
            not apply to that land. The preexisting jurisdictional status
            of that land shall continue in effect.
        (d) Special Use Permit Area.--
                (1) In general.--The land described in the special use
            permit is excluded from the Area.
                (2) Jurisdiction.--
                        (A) In general.--The Pueblo shall have no civil or
                    criminal jurisdiction for any purpose, including
                    adjudicatory, taxing, zoning, regulatory, or any other
                    form of jurisdiction, over the land described in the
                    special use permit, and the laws of the Pueblo shall
                    not apply to that land.
                        (B) Preexisting status.--The preexisting
                    jurisdictional status of that land shall continue in
                    effect.
                (3) Amendment to plan.--In the event the special use
            permit, during its existing term or any future terms or
            extensions, requires amendment to include other land in the
            Area necessary to realign the existing or any future
            replacement tram line, associated structures, or facilities,
            the land subject to that amendment shall thereafter be excluded
            from the Area and shall have the same status under this title
            as the land currently described in the special use permit.
                (4) Land dedicated to aerial tramway and related uses.--Any
            land dedicated to aerial tramway and related uses and
            associated facilities that are excluded from the special use
            permit through expiration, termination or the amendment process
            shall thereafter be included in the Area, but only after final
            agency action no longer subject to any appeals.
        (e) La Luz Tract.--
                (1) In general.--The La Luz tract now owned in fee by the
            Pueblo is excluded from the Area and, on application by the
            Pueblo, shall be transferred to the United States and held in
            trust for the Pueblo by the United States and administered by
            the Secretary of the Interior subject to all limitations on use
            pertaining to the Area contained in this title.
                (2) Nonapplicability of certain restriction.--The
            restriction contained in section 406(a)(4) shall not apply
            outside of Forest Service System trails.
        (f) Evergreen Hills Access.--The Secretary shall ensure that Forest
    Service Road 333D, as depicted on the map, is maintained in an adequate
    condition in accordance with section 1323(a) of the Alaska National
    Interest Lands Conservation Act (16 U.S.C. 3210(a)).
        (g) Pueblo Fee Land.--Those properties not specifically addressed
    in subsections (a) or (e) that are owned in fee by the Pueblo within
    the subdivisions are excluded from the Area and shall be subject to the
    jurisdictional provisions of subsection (a).
        (h) Rights-of-Way.--
                (1) Road rights-of-way.--
                        (A) In general.--In accordance with the Pueblo
                    having given its consent in the Settlement Agreement,
                    the Secretary of the Interior shall grant to the County
                    of Bernalillo, New Mexico, in perpetuity, the following
                    irrevocable rights-of-way for roads identified on the
                    map in order to provide for public access to the
                    subdivisions, the special use permit land and
                    facilities, the other leasehold and easement rights and
                    interests of the Sandia Peak Tram Company and its
                    affiliates, the Sandia Heights South Subdivision, and
                    the Area--
                                (i) a right-of-way for Tramway Road;
                                (ii) a right-of-way for Juniper Hill Road
                            North;
                                (iii) a right-of-way for Juniper Hill Road
                            South;
                                (iv) a right-of-way for Sandia Heights
                            Road; and
                                (v) a right-of-way for Juan Tabo Canyon
                            Road (Forest Road No. 333).
                        (B) Conditions.--The road rights-of-way shall be
                    subject to the following conditions:
                                (i) Such rights-of-way may not be expanded
                            or otherwise modified without the Pueblo's
                            written consent, but road maintenance to the
                            rights-of-way shall not be subject to Pueblo
                            consent.
                                (ii) The rights-of-way shall not authorize
                            uses for any purpose other than roads without
                            the Pueblo's written consent.
                                (iii) Except as provided in the Settlement
                            Agreement, existing rights-of-way or leasehold
                            interests and obligations held by the Sandia
                            Peak Tram Company and its affiliates, shall be
                            preserved, protected, and unaffected by this
                            title.
                (2) Utility rights-of-way.--In accordance with the Pueblo
            having given its consent in the Settlement Agreement, the
            Secretary of the Interior shall grant irrevocable utility
            rights-of-way in perpetuity across Pueblo land to appropriate
            utility or other service providers serving Sandia Heights
            Addition, Sandia Heights North Units I, II, and 3, the special
            use permit land, Tierra Monte, and Valley View Acres, including
            rights-of-way for natural gas, power, water,
            telecommunications, and cable television services. Such rights-
            of-way shall be within existing utility corridors as depicted
            on the map or, for certain water lines, as described in the
            existing grant of easement to the Sandia Peak Utility Company:
            Provided, That use of water line easements outside the utility
            corridors depicted on the map shall not be used for utility
            purposes other than water lines and associated facilities.
            Except where above-ground facilities already exist, all new
            utility facilities shall be installed underground unless the
            Pueblo agrees otherwise. To the extent that enlargement of
            existing utility corridors is required for any technologically-
            advanced telecommunication, television, or utility services,
            the Pueblo shall not unreasonably withhold agreement to a
            reasonable enlargement of the easements described above.
                (3) Forest service rights-of-way.--In accordance with the
            Pueblo having given its consent in the Settlement Agreement,
            the Secretary of the Interior shall grant to the Forest Service
            the following irrevocable rights-of-way in perpetuity for
            Forest Service trails crossing land of the Pueblo in order to
            provide for public access to the Area and through Pueblo land--
                        (A) a right-of-way for a portion of the Crest Spur
                    Trail (Trail No. 84), crossing a portion of the La Luz
                    tract, as identified on the map;
                        (B) a right-of-way for the extension of the
                    Foothills Trail (Trail No. 365A), as identified on the
                    map; and
                        (C) a right-of-way for that portion of the Piedra
                    Lisa North-South Trail (Trail No. 135) crossing the
                    Piedra Lisa tract.

    SEC. 410. EXTINGUISHMENT OF CLAIMS.

        (a) In General.--Except for the rights and interests in and to the
    Area specifically recognized in sections 404, 405, 407, 408, and 409,
    all Pueblo claims to right, title and interest of any kind, including
    aboriginal claims, in and to land within the Area, any part thereof,
    and property interests therein, as well as related boundary, survey,
    trespass, and monetary damage claims, are permanently extinguished. The
    United States' title to the Area is confirmed.
        (b) Subdivisions.--Any Pueblo claims to right, title and interest
    of any kind, including aboriginal claims, in and to the subdivisions
    and property interests therein (except for land owned in fee by the
    Pueblo as of the date of enactment of this Act), as well as related
    boundary, survey, trespass, and monetary damage claims, are permanently
    extinguished.
        (c) Special Use and Crest Facilities Areas.--Any Pueblo right,
    title and interest of any kind, including aboriginal claims, and
    related boundary, survey, trespass, and monetary damage claims, are
    permanently extinguished in and to--
                (1) the land described in the special use permit; and
                (2) the land on which the crest facilities are located.
        (d) Pueblo Agreement.--As provided in the Settlement Agreement, the
    Pueblo has agreed to the relinquishment and extinguishment of those
    claims, rights, titles and interests extinguished pursuant to
    subsection (a), (b) and (c).
        (e) Consideration.--The recognition of the Pueblo's rights and
    interests in this title constitutes adequate consideration for the
    Pueblo's agreement to the extinguishment of the Pueblo's claims in this
    section and the right-of-way grants contained in section 409, and it is
    the intent of Congress that those rights and interests may only be
    diminished by a future Act of Congress specifically authorizing
    diminishment of such rights, with express reference to this title.

    SEC. 411. CONSTRUCTION.

        (a) Strict Construction.--This title recognizes only enumerated
    rights and interests, and no additional rights, interests, obligations,
    or duties shall be created by implication.
        (b) Existing Rights.--To the extent there exist within the Area as
    of the date of enactment of this Act any valid private property rights
    associated with private land that are not otherwise addressed in this
    title, such rights are not modified or otherwise affected by this
    title, nor is the exercise of any such right subject to the Pueblo's
    right to withhold consent to new uses in the Area as set forth in
    section 405(a)(3)(A).
        (c) Not Precedent.--The provisions of this title creating certain
    rights and interests in the National Forest System are uniquely suited
    to resolve the Pueblo's claim and the geographic and societal situation
    involved, and shall not be construed as precedent for any other
    situation involving management of the National Forest System.
        (d) Fish and Wildlife.--Except as provided in section 408(b)(2)(B),
    nothing in this title shall be construed as affecting the
    responsibilities of the State of New Mexico with respect to fish and
    wildlife, including the regulation of hunting, fishing, or trapping
    within the Area.
        (e) Federal Land Policy and Management Act.--Section 316 of the
    Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746) is
    amended by adding at the end the following: ``Any corrections
    authorized by this section which affect the boundaries of, or
    jurisdiction over, land administered by another Federal agency shall be
    made only after consultation with, and the approval of, the head of
    such other agency.''

    SEC. 412. JUDICIAL REVIEW.

        (a) Enforcement.--A civil action to enforce the provisions of this
    title may be brought to the extent permitted under chapter 7 of title
    5, United States Code. Judicial review shall be based on the
    administrative record and subject to the applicable standard of review
    set forth in section 706 of title 5, United States Code.
        (b) Waiver.--A civil action may be brought against the Pueblo for
    declaratory judgment or injunctive relief under this title, but no
    money damages, including costs or attorney's fees, may be imposed on
    the Pueblo as a result of such judicial action.
        (c) Venue.--Venue for any civil action provided for in this
    section, as well as any civil action to contest the constitutionality
    of this title, shall lie only in the United States District Court for
    the District of New Mexico.

    SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND EXCHANGE.

        (a) Contributions.--
                (1) In general.--The Secretary may accept contributions
            from the Pueblo, or from other persons or governmental
            entities--
                        (A) to perform and complete a survey of the Area;
                    or
                        (B) to carry out any other project or activity for
                    the benefit of the Area in accordance with this title.
                (2) Deadline.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall complete the survey
            of the Area under paragraph (1)(A).
        (b) Land Exchange.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, after consultation with the Pueblo, the
            Secretary shall, in accordance with applicable laws, prepare
            and offer a land exchange of National Forest land outside the
            Area and contiguous to the northern boundary of the Pueblo's
            Reservation within sections 10, 11, and 14 of T12N, R4E,
            N.M.P.M., Sandoval County, New Mexico excluding wilderness
            land, for land owned by the Pueblo in the Evergreen Hills
            subdivision in Sandoval County contiguous to National Forest
            land, and the La Luz tract in Bernalillo County.
                (2) Acceptance of payment.--Notwithstanding section 206(b)
            of the Federal Land Policy and Management Act (43 U.S.C.
            1716(b)), the Secretary may either make or accept a cash
            equalization payment in excess of 25 percent of the total value
            of the land or interests transferred out of Federal ownership.
                (3) Funds received.--Any funds received by the Secretary as
            a result of the exchange shall be deposited in the fund
            established under the Act of December 4, 1967, known as the
            Sisk Act (16 U.S.C. 484a), and shall be available to purchase
            non-Federal land within or adjacent to the National Forests in
            the State of New Mexico.
                (4) Treatment of land exchanged or conveyed.--All land
            exchanged or conveyed to the Pueblo is declared to be held in
            trust for the Pueblo by the United States and added to the
            Pueblo's Reservation subject to all existing and outstanding
            rights and shall remain in its natural state and shall not be
            subject to commercial development of any kind. Land exchanged
            or conveyed to the Forest Service shall be subject to all
            limitations on use pertaining to the Area under this title.
                (5) Failure to make offer.--If the land exchange offer is
            not made by the date that is 180 days after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Energy and Natural Resources of the United States
            Senate and the Committee on Resources of the United States
            House of Representatives, a report explaining the reasons for
            the failure to make the offer including an assessment of the
            need for any additional legislation that may be necessary for
            the exchange. If additional legislation is not necessary, the
            Secretary, consistent with this section, should proceed with
            the exchange pursuant to existing law.
        (c) Land Acquisition and Other Compensation.--
                (1) In general.--The Secretary may acquire land owned by
            the Pueblo within the Evergreen Hills Subdivision in Sandoval
            County or any other privately held land inside of the exterior
            boundaries of the Area. The boundaries of the Cibola National
            Forest and the Area shall be adjusted to encompass any land
            acquired pursuant to this section.
                (2) Piedra lisa tract.--Subject to the availability of
            appropriations, the Secretary shall compensate the Pueblo for
            the fair market value of--
                        (A) the right-of-way established pursuant to
                    section 409(h)(3)(C); and
                        (B) the conservation easement established by the
                    limitations on use of the Piedra Lisa tract pursuant to
                    section 409(b)(2).
        (d) Reimbursement of Certain Costs.--
                (1) In general.--The Pueblo, the County of Bernalillo, New
            Mexico, and any person that owns or has owned property inside
            of the exterior boundaries of the Area as designated on the
            map, and who has incurred actual and direct costs as a result
            of participating in the case of Pueblo of Sandia v. Babbitt,
            Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly
            related to resolving the issues litigated in that case, may
            apply for reimbursement in accordance with this section. Costs
            directly related to such participation which shall qualify for
            reimbursement shall be--
                        (A) dues or payments to a homeowner association for
                    the purpose of legal representation; and
                        (B) legal fees and related expenses.
                (2) Treatment of reimbursement.--Any reimbursement provided
            in this subsection shall be in lieu of that which might
            otherwise be available pursuant to the Equal Access to Justice
            Act (24 U.S.C. 2412).
                (3) Payments.--The Secretary of the Treasury shall make
            reimbursement payments as provided in this section out of any
            money not otherwise appropriated as provided in advance in
            appropriations Acts.
                (4) Applications.--Not later than 180 days after the date
            of enactment of this Act, applications for reimbursement shall
            be filed with the Department of the Treasury, Financial
            Management Service, Washington, D.C.
                (5) Maximum reimbursement.--No party shall be reimbursed in
            excess of $750,000 under this section, and the total amount
            reimbursed in accordance with this section shall not exceed
            $3,000,000.

    SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as are necessary
    to carry out this title, including such sums as are necessary for the
    Forest Service to carry out responsibilities of the Forest Service in
    accordance with section 413(c).

    SEC. 415. EFFECTIVE DATE.

        The provisions of this title shall take effect immediately on
    enactment of this Act.

                TITLE V--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX

    SEC. 501. SHORT TITLE.

        This title may be cited as the ``Ottawa National Wildlife Refuge
    Complex Expansion and Detroit River International Wildlife Refuge
    Expansion Act''.

    SEC. 502. DEFINITIONS.

        In this title:
                (1) International refuge.--The term ``International
            Refuge'' means the Detroit River International Wildlife Refuge
            established by section 5(a) of the Detroit River International
            Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115
            Stat. 894).
                (2) Refuge complex.--The term ``Refuge Complex'' means the
            Ottawa National Wildlife Refuge Complex and the lands and
            waters in the complex, as described in the document entitled
            ``The Comprehensive Conservation Plan for the Ottawa National
            Wildlife Refuge Complex'' and dated September 22, 2000,
            including--
                        (A) the Ottawa National Wildlife Refuge,
                    established by the Secretary in accordance with the
                    Migratory Bird Conservation Act (16 U.S.C. 715 et
                    seq.);
                        (B) the West Sister Island National Wildlife Refuge
                    established by Executive Order No. 7937, dated August
                    2, 1937; and
                        (C) the Cedar Point National Wildlife Refuge
                    established by the Secretary in accordance with the
                    Migratory Bird Conservation Act (16 U.S.C. 715 et
                    seq.).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (4) Western basin.--
                        (A) In general.--The term ``western basin'' means
                    the western basin of Lake Erie, consisting of the land
                    and water in the watersheds of Lake Erie extending from
                    the watershed of the Lower Detroit River in the State
                    of Michigan to and including Sandusky Bay and the
                    watershed of Sandusky Bay in the State of Ohio.
                        (B) Inclusion.--The term `western basin' includes
                    the Bass Island archipelago in the State of Ohio.

    SEC. 503. EXPANSION OF BOUNDARIES.

        (a) Refuge Complex Boundaries.--
                (1) Expansion.--The boundaries of the Refuge Complex are
            expanded to include land and water in the State of Ohio from
            the eastern boundary of Maumee Bay State Park to the eastern
            boundary of the Darby Unit (including the Bass Island
            archipelago), as depicted on the map entitled ``Ottawa National
            Wildlife Refuge Complex Expansion and Detroit River
            International Wildlife Refuge Expansion Act'' and dated
            September 6, 2002.
                (2) Availability of map.--The map referred to in paragraph
            (1) shall be available for inspection in appropriate offices of
            the United States Fish and Wildlife Service.
        (b) Boundary Revisions.--The Secretary may make such revisions of
    the boundaries of the Refuge Complex as the Secretary determines to be
    appropriate--
                (1) to facilitate the acquisition of property within the
            Refuge Complex; or
                (2) to carry out this title.
        (c) Acquisition.--
                (1) In general.--Subject to paragraph (2), the Secretary
            may acquire by donation, purchase with donated or appropriated
            funds, or exchange the land and water, and interests in land
            and water (including conservation easements), within the
            boundaries of the Refuge Complex.
                (2) Consent.--No land, water, or interest in land or water
            described in paragraph (1) may be acquired by the Secretary
            without the consent of the owner of the land, water, or
            interest.
        (d) Transfers From Other Agencies.--Administrative jurisdiction
    over any Federal property that is located within the boundaries of the
    Refuge Complex and under the administrative jurisdiction of an agency
    of the United States other than the Department of the Interior may,
    with the concurrence of the head of the administering agency, be
    transferred without consideration to the Secretary for the purpose of
    this title.
        (e) Study of Associated Area.--
                (1) In general.--The Secretary, acting through the Director
            of the United States Fish and Wildlife Service, shall conduct a
            study of fish and wildlife habitat and aquatic and terrestrial
            communities in and around the 2 dredge spoil disposal sites
            that are--
                        (A) referred to by the Toledo-Lucas County Port
                    Authority as ``Port Authority Facility Number Three''
                    and ``Grassy Island'', respectively; and
                        (B) located within Toledo Harbor near the mouth of
                    the Maumee River.
                (2) Report.--Not later than 18 months after the date of
            enactment of this Act, the Secretary shall--
                        (A) complete the study under paragraph (1); and
                        (B) submit to Congress a report on the results of
                    the study.

    SEC. 504. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.

        The southern boundary of the International Refuge is extended south
    to include additional land and water in the State of Michigan located
    east of Interstate Route 75, extending from the southern boundary of
    Sterling State Park to the Ohio State boundary, as depicted on the map
    referred to in section 503(a)(1).

    SEC. 505. ADMINISTRATION.

        (a) Refuge Complex.--
                (1) In general.--The Secretary shall administer all
            federally owned land, water, and interests in land and water
            that are located within the boundaries of the Refuge Complex in
            accordance with--
                        (A) the National Wildlife Refuge System
                    Administration Act of 1966 (16 U.S.C. 668dd et seq.);
                    and
                        (B) this title.
                (2) Additional authority.--The Secretary may use such
            additional statutory authority available to the Secretary for
            the conservation of fish and wildlife, and the provision of
            opportunities for fish- and wildlife-dependent recreation, as
            the Secretary determines to be appropriate to carry out this
            title.
        (b) Additional Purposes.--In addition to the purposes of the Refuge
    Complex under other laws, regulations, executive orders, and
    comprehensive conservation plans, the Refuge Complex shall be managed--
                (1) to strengthen and complement existing resource
            management, conservation, and education programs and activities
            at the Refuge Complex in a manner consistent with the primary
            purposes of the Refuge Complex--
                        (A) to provide major resting, feeding, and
                    wintering habitats for migratory birds and other
                    wildlife; and
                        (B) to enhance national resource conservation and
                    management in the western basin;
                (2) in partnership with nongovernmental and private
            organizations and private individuals dedicated to habitat
            enhancement, to conserve, enhance, and restore the native
            aquatic and terrestrial community characteristics of the
            western basin (including associated fish, wildlife, and plant
            species);
                (3) to facilitate partnerships among the United States Fish
            and Wildlife Service, Canadian national and provincial
            authorities, State and local governments, local communities in
            the United States and Canada, conservation organizations, and
            other non-Federal entities to promote public awareness of the
            resources of the western basin; and
                (4) to advance the collective goals and priorities that--
                        (A) were established in the report entitled ``Great
                    Lakes Strategy 2002--A Plan for the New Millennium'',
                    developed by the United States Policy Committee,
                    comprised of Federal agencies (including the United
                    States Fish and Wildlife Service, the National Oceanic
                    and Atmospheric Administration, the United States
                    Geological Survey, the Forest Service, and the Great
                    Lakes Fishery Commission) and State governments and
                    tribal governments in the Great Lakes basin; and
                        (B) include the goals of cooperating to protect and
                    restore the chemical, physical, and biological
                    integrity of the Great Lakes basin ecosystem.
        (c) Priority Uses.--In providing opportunities for compatible fish-
    and wildlife-dependent recreation, the Secretary, in accordance with
    paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
    System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure,
    to the maximum extent practicable, that hunting, trapping, fishing,
    wildlife observation and photography, and environmental education and
    interpretation are the priority public uses of the Refuge Complex.
        (d) Cooperative Agreements Regarding Non-Federal Land.--To promote
    public awareness of the resources of the western basin and encourage
    public participation in the conservation of those resources, the
    Secretary may enter into cooperative agreements with the State of Ohio
    or Michigan, any political subdivision of the State, or any person for
    the management, in a manner consistent with this title, of land that--
                (1) is owned by the State, political subdivision, or
            person; and
                (2) is located within the boundaries of the Refuge Complex.
        (e) Use of Existing Greenway Authority.--The Secretary shall
    encourage the State of Ohio to use authority under the recreational
    trails program under section 206 of title 23, United States Code, to
    provide funding for acquisition and development of trails within the
    boundaries of the Refuge Complex.

    SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as are
    necessary--
                (1) to acquire land and water within the Refuge Complex
            under section 503(c);
                (2) to carry out the study under section 503(e); and
                (3) to develop, operate, and maintain the Refuge Complex.
        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 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 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, and $6,600,000 to be used to fund the mass
    layoff statistics program under section 15 of the Wagner-Peyser Act (29
    U.S.C. 49l-2).

                     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.
        Sec. 105. (a) Section 218(d)(6)(C) of the Social Security Act (42
    U.S.C. 418(d)(6)(C)) is amended by inserting ``Kentucky,'' after
    ``Illinois,''.
        (b) The amendment made by subsection (a) takes effect on January 1,
    2003.
        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: Provided
    further, That $120,027,000 shall be appropriated to carry out the
    community access program to increase the capacity and effectiveness of
    community health care institutions and providers who serve patients
    regardless of their ability to pay.

               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 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, $4,317,749,000, of which $270,000,000 shall
    remain available until expended for equipment, and construction and
    renovation of facilities, and of which $183,763,000 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 of the amounts provided herein
    for international HIV/AIDS, $40,000,000 shall be for the International
    Mother and Child HIV Prevention Initiative: 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.

                             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 $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
    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 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.
        Sec. 219. The Supplemental Appropriations Act, 2001 (Public Law
    107-020) is amended, in the matter under the heading ``low income home
    energy assistance'' under the heading ``Administration for Children and
    Families'' under the heading ``DEPARTMENT OF HEALTH AND HUMAN
    SERVICES'', in chapter 7 of title II, by striking ``amount for'' and
    all that follows, and inserting the following: ``amount for making
    payments under title XXVI of the Omnibus Budget Reconciliation Act of
    1981, $300,000,000.''.
        Sec. 220. (a) In General.--In addition to amounts otherwise
    appropriated under this Act to carry out programs and activities under
    title VIII of the Public Health Service Act, there are appropriated an
    additional $20,000,000, to remain available until expended, to carry
    out programs and activities authorized under sections 831, 846, 846A,
    851, 852, and 855 of such Act (as amended by the Nurse Reinvestment Act
    (Public Law 107-205)).
        Sec. 221. Grants for Purchase of Ultrasound Equipment. The
    Secretary of Health and Human Services may make grants for the purchase
    of ultrasound equipment. Such ultrasound equipment shall be used by the
    recipients of such grants to provide, under the direction and
    supervision of a licensed physician, free ultrasound examinations to
    pregnant woman needing medical services: Provided, That the Secretary
    shall give priority in awarding grants to those organizations that
    agree to adhere to professional guidelines for counseling pregnant
    women, whereby a pregnant woman is fully informed in a nonbiased manner
    about all options.
        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 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.''.
        Sec. 309. Funding for Innovative Programs. In addition to any
    amounts otherwise appropriated under this Act for part A of title I of
    the Elementary and Secondary Education Act of 1965, the following sums
    are appropriated, out of any money in the Treasury not otherwise
    appropriated for the fiscal year ending September 30, 2003,
    $5,000,000,000 for carrying out such part, to remain available through
    September 30, 2004: Provided, That notwithstanding any other provision
    of this Act, any amounts appropriated for programs or activities under
    title III of Division G that are in excess of $54,195,685,000 shall be
    distributed to States and local educational agencies in accordance with
    sections 5111 and 5112 of the Elementary and Secondary Education Act of
    1965 to be used by such States and local educational agencies to carry
    out any activity authorized under the Elementary and Secondary
    Education Act of 1965, the Individuals with Disabilities in Education
    Act, or the Higher Education Act of 1965, to remain available through
    September 30, 2004: Provided further, That the percentage amount of any
    across-the-board rescission provided for under section 601 of Division
    N of this Act shall be increased by the percentage amount necessary to
    rescind an amount of funds equal to the total amounts appropriated in
    excess of $54,195,685,000 for title III of Division G.
        Sec. 310. Funding for the Individuals with Disabilities Education
    Act. Not withstanding any other provision of this Act, in addition to
    any amounts otherwise appropriated under this Act for support of part B
    of the Individuals with Disabilities Education Act other than section
    619 of such part, the following sum is appropriated out of any money in
    the Treasury not otherwise appropriated for the fiscal year ending
    September 30, 2003, $1,500,000,000, which shall become available on
    October 1, 2003, and shall remain available through September 30, 2004,
    for academic year 2003-2004: Provided, That notwithstanding any other
    provision of this Act, funds provided under this section shall not
    result in a further across-the-board rescission under section 601 of
    division N.
        Sec. 311. Funding for After-School Programs. (a) Findings.--
    Congress finds that:
                (1) There remains a great need for after-school programs.
            The Census Bureau reported that at least 8 to 15 million
            children have no place to go after school is out.
                (2) According to the FBI, youth are most at risk for
            committing violent acts and being victims of violent crimes
            between 3:00 p.m. and 8:00 p.m.--after school is out and before
            parents arrive home.
                (3) Studies show that organized extracurricular activities,
            such as after-school programs, reduce crime, drug use, and
            teenage pregnancy.
        (b) Sense of the Senate.--It is the sense of the Senate that every
    effort should be made to--
                (1) accommodate the waiting lists of children needing
            access to after-school programs; and
                (2) fund after-school programs at the level authorized in
            the Leave No Child Behind Act.
        Sec. 312. Notwithstanding any other provision of this Act, the
    $6,667,533,000 provided for the Head Start Act shall be exempt from the
    across-the-board rescission under section 601 of division N.
        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,
    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 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 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, $138,264,000, 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; President
    Pro Tempore emeritus, $7,500; 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, $127,500.

        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, $117,041,000, 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.

                  office of the president pro tempore emeritus

        For the Office of the President Pro Tempore emeritus, $150,000.

                  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, $18,355,500, 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
                (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.
        Sec. 8. Office of the President Pro Tempore Emeritus of the Senate.
    (a) Establishment.--There is established the Office of the President
    pro tempore emeritus of the Senate.
        (b) Designation.--Any Member of the Senate who--
                (1) is designated by the Senate as the President pro
            tempore emeritus of the United States Senate; and
                (2) is serving as a Member of the Senate,
    shall be the President pro tempore emeritus of the United States
    Senate.
        (c) Appointment and Compensation of Employees.--The President pro
    tempore emeritus is authorized to appoint and fix the compensation of
    such employees as the President pro tempore emeritus determines
    appropriate.
        (d) Expense Allowance.--There is authorized an expense allowance
    for the President pro tempore emeritus which shall not exceed $7,500
    each fiscal year. The President pro tempore emeritus may receive the
    expense allowance (1) as reimbursement for actual expenses incurred
    upon certification and documentation of such expenses by the President
    pro tempore emeritus, or (2) in equal monthly payments. Such amounts
    paid to the President pro tempore emeritus as reimbursement of actual
    expenses incurred upon certification and documentation under this
    subsection, shall not be reported as income, and the expenses so
    reimbursed shall not be allowed as a deduction under the Internal
    Revenue Code of 1986.
        (e) Effective Date.--This section shall take effect on the date of
    enactment of this Act and shall apply only with respect to the 108th
    Congress.

                                  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 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 Dateection 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
                        (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.
                (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 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 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 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 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. (a) Appropriations.--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.
        (b) Name Change.--
                (1) In general.--Section 1238 of the Floyd D. Spence
            National Defense Authorization Act of 2001 (22 U.S.C. 7002) is
            amended--
                        (A) in the section heading by inserting ``economic
                    and'' before ``security'';
                        (B) in subsection (a)--
                                (i) in paragraph (1), by inserting
                            ``Economic and'' before ``Security''; and
                                (ii) in paragraph (2), by inserting
                            ``Economic and'' before ``Security'';
                        (C) in subsection (b)--
                                (i) in the subsection heading, by inserting
                            ``Economic and'' before ``Security'';
                                (ii) in paragraph (1), by inserting
                            ``Economic and'' before ``Security'';
                                (iii) in paragraph (3)--
                                        (I) in the matter preceding
                                    subparagraph (A), by inserting
                                    ``Economic and'' before ''Security'';
                                    and
                                        (II) in subparagraph (H), by
                                    inserting ``Economic and'' before
                                    ``Security''; and
                                (iv) in paragraph (4), by inserting
                            ``Economic and'' before ``Security'' each place
                            it appears; and
                        (D) in subsection (e)--
                                (i) in paragraph (1), by inserting
                            ``Economic and'' before ``Security'';
                                (ii) in paragraph (2), by inserting
                            ``Economic and'' before ``Security'';
                                (iii) in paragraph (3)--
                                        (I) in the first sentence, by
                                    inserting ``Economic and'' before
                                    ``Security''; and
                                        (II) in the second sentence, by
                                    inserting ``Economic and'' before
                                    ``Security'';
                                (iv) in paragraph (4), by inserting
                            ``Economic and'' before ``Security''; and
                                (v) in paragraph (6), by inserting
                            ``Economic and'' before ``Security'' each place
                            it appears.
                (2) References.--Any reference in any Federal law,
            Executive order, rule, regulation, or delegation of authority,
            or any document of or relating to the United States-China
            Security Review Commission shall be deemed to refer to the
            United States-China Economic and Security Review Commission.
        (c) Membership, Responsibilities, and Terms.--
                (1) In general.--Section 1238(b)(3) of the Floyd D. Spence
            National Defense Authorization Act of 2001 (22 U.S.C. 7002) is
            amended by striking subparagraph (F) and inserting the
            following:
                        ``(F) each appointing authority referred to under
                    subparagraphs (A) through (D) of this paragraph shall--
                                ``(i) appoint 3 members to the Commission;
                                ``(ii) make the appointments on a staggered
                            term basis, such that--
                                        ``(I) 1 appointment shall be for a
                                    term expiring on December 31, 2003;
                                        ``(II) 1 appointment shall be for a
                                    term expiring on December 31, 2004; and
                                        ``(III) 1 appointment shall be for
                                    a term expiring on December 31, 2005;
                                ``(iii) make all subsequent appointments on
                            an approximate 2-year term basis to expire on
                            December 31 of the applicable year; and
                                ``(iv) make appointments not later than 30
                            days after the date on which each new Congress
                            convenes;''.
                (2) Responsibilities of the Commission.--The United States-
            China Commission shall focus on the following nine areas when
            conducting its work during fiscal year 2003 and beyond:
                        (A) Proliferation practices.--The Commission shall
                    analyze and assess the Chinese role in the
                    proliferation of weapons of mass destruction and other
                    weapons (including dual use technologies) to terrorist-
                    sponsoring states, and suggest possible steps which the
                    United States might take, including economic sanctions,
                    to encourage the Chinese to stop such practices.
                        (B) Economic reforms and united states economic
                    transfers.--The Commission shall analyze and assess the
                    qualitative and quantitative nature of the shift of
                    United States production activities to China, including
                    the relocation of high-technology, manufacturing, and
                    R&D facilities; the impact of these transfers on United
                    States national security, including political influence
                    by the Chinese Government over American firms,
                    dependence of the United States national security
                    industrial base on Chinese imports, the adequacy of
                    United States export control laws, and the effect of
                    these transfers on United States economic security,
                    employment, and the standard of living of the American
                    people; analyze China's national budget and assess
                    China's fiscal strength to address internal instability
                    problems and assess the likelihood of externalization
                    of such problems.
                        (C) Energy.--The Commission shall evaluate and
                    assess how China's large and growing economy will
                    impact upon world energy supplies and the role the
                    United States can play, including joint R&D efforts and
                    technological assistance, in influencing China's energy
                    policy.
                        (D) United states capital markets.--The Commission
                    shall evaluate the extent of Chinese access to, and use
                    of United States capital markets, and whether the
                    existing disclosure and transparency rules are adequate
                    to identify Chinese companies which are active in
                    United States markets and are also engaged in
                    proliferation activities.
                        (E) Corporate reporting.--The Commission shall
                    assess United States trade and investment relationship
                    with China, including the need for corporate reporting
                    on United States investments in China and incentives
                    that China may be offering to United States
                    corporations to relocate production and R&D to China.
                        (F) Regional economic and security impacts.--The
                    Commission shall assess the extent of China's
                    ``hollowing-out'' of Asian manufacturing economies, and
                    the impact on United States economic and security
                    interests in the region; review the triangular economic
                    and security relationship among the United States,
                    Taipei and Beijing, including Beijing's military
                    modernization and force deployments aimed at Taipei,
                    and the adequacy of United States executive branch
                    coordination and consultation with Congress on United
                    States arms sales and defense relationship with Taipei.
                        (G) United states-china bilateral programs.--The
                    Commission shall assess science and technology programs
                    to evaluate if the United States is developing an
                    adequate coordinating mechanism with appropriate review
                    by the intelligence community with Congress; assess the
                    degree of non-compliance by China and United States-
                    China agreements on prison labor imports and
                    intellectual property rights; evaluate United States
                    enforcement policies; and recommend what new measures
                    the United States Government might take to strengthen
                    our laws and enforcement activities and to encourage
                    compliance by the Chinese.
                        (H) World trade organization compliance.--The
                    Commission shall review China's record of compliance to
                    date with its accession agreement to the WTO, and
                    explore what incentives and policy initiatives should
                    be pursued to promote further compliance by China.
                        (I) Media control.--The Commission shall evaluate
                    Chinese  government efforts to influence and control
                    perceptions of the United States and its policies
                    through the internet, the Chinese print and electronic
                    media, and Chinese internal propaganda.
                (3) Effective date.--This subsection shall take effect on
            the date of enactment of this Act.
        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 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: Provided further, That, of such amounts provided
    herein $150,000,000 shall be available for the Secretary of Homeland
    Security pursuant to the terms and conditions of section 70107(i) of
    Public Law 107-295 to award grants to national laboratories, private
    nonprofit organizations, institutions of higher education, and other
    entities for the support of research and development of technologies
    that can be used to secure the ports of the United States.

                                  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 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;
                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

        For necessary expenses of operating costs and capital improvements
    of the National Railroad Passenger Corporation as authorized by 49
    U.S.C. 24104(a), $1,200,000,000, to remain available until expended, of
    which $550,000,000 shall be for operating expenses, $369,000,000 shall
    be for capital expenses along the Northeast Corridor Mainline, and
    $281,000,000 shall be for capital expenses along the remainder of the
    Corporation's national rail network.

                         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 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. 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 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.--
                (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. 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. 330. (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. 331. 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. 332. Of the funds provided in section 101(a)(2) of Public Law
    107-42, $77,100,000 are rescinded.
        Sec. 333. (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. 334. 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. 335. 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. 336. 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. 337. 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. 338. (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.
        (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. 339. 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. 340. 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. 341. 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. 342. Insert the following new section at the end of chapter 53
    of Title 49, United States Code:
        ``Sec. 5339. 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. 343. (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. 344. 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. 345. 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. 346. 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. 347. 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. 348. 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. 349. 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. 350. (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. 351. 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. 352. 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. 353. 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. 354. Section 343 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. 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.
        Sec. 356. (a) Cooperative Agreement.--As soon as practicable after
    the date of enactment of this Act, the Administrator of the
    Environmental Protection Agency shall enter into a cooperative
    agreement with the National Academy of Sciences to evaluate the impact
    of the final rule relating to prevention of significant deterioration
    and nonattainment new source review, published at 67 Fed. Reg. 80186
    (December 31, 2002). The study shall include--
                (1) increases or decreases in emissions of pollutants
            regulated under the New Source Review program;
                (2) impacts on human health;
                (3) pollution control and prevention technologies installed
            after the effective date of the rule at facilities covered
            under the rulemaking;
                (4) increases or decreases in efficiency of operations,
            including energy efficiency, at covered facilities; and
                (5) other relevant data.
        (b) Deadline.--The NAS shall submit an interim report to Congress
    no later than March 3, 2004, and shall submit a final report on
    implementation of the rules.
        Sec. 357. Section 145(c) of Public Law 107-71 is amended by
    striking the number (18) and inserting the number (36).
        Sec. 358. Susquehanna Greenway, Maryland. The table contained in
    section 1602 of the Transportation Equity Act for the 21st Century is
    amended in item 1603 (112 Stat. 316) by striking ``Construct pedestrian
    bicycle bridge across Susquehanna River between Havre de Grace and
    Perryville'' and inserting ``Develop Lower Susquehanna Heritage
    Greenway, including acquisition of property, construction of hiker-
    biker trails, and construction or use of docks, ferry boats, bridges,
    or vans to convey bikers and pedestrians across the Susquehanna River
    between Cecil County and Harford County''.
        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
    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 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 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.''.
        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 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
                        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,
    $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).
        Sec. 414. Designation of Nathaniel R. Jones Federal Building and
    United States Courthouse. (a) In General.--The Federal building and
    United States courthouse located at 10 East Commerce Street in
    Youngstown, Ohio, shall be known and designated as the ``Nathaniel R.
    Jones Federal Building and United States Courthouse''.
        (b) References.--Any reference in a 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 Nathaniel R. Jones Federal Building and United
    States Courthouse.

                         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, $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.
        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, 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 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;
                (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''.
        Sec. 640. United States Postal Service. (a) The United States
    Postal Service (USPS) is required under title 5, chapter 83, United
    States Code, to fund Civil Service Retirement System benefits
    attributable to USPS employment since 1971.
        (b) The Office of Personnel Management has reviewed the USPS
    financing of the Civil Service Retirement System and determined current
    law payments overfund USPS liability.
        (c) Therefore, it is the Sense of the Senate that the Congress
    should address the USPS funding of the Civil Service Retirement System
    pension benefits.
        Sec.  641. Salaries. No funds shall be used to pay any Federal
    employee or any employee, member or chairperson of any Federal
    commission, board, committee, or council an annual salary in excess of
    the annual salary of the President of the United States.
        Sec.  642. Sense of Congress on Pay Parity. It is the sense of
    Congress that there should be parity between the adjustments in the
    compensation of members of the uniformed services and the adjustments
    in the compensation of civilian employees of the United States,
    including blue collar Federal employees paid under the Federal Wage
    System.
        Sec.  643. While nothing in this section shall prevent any agency
    of the executive branch from subjecting work performed by Federal
    Government employees or private contractors to public-private
    competition or conversions, none of the funds made available in this
    Act may be used by an agency of the executive branch to establish,
    apply, or enforce any numerical goal, target, or quota for subjecting
    the employees of the executive agency to public-private competitions or
    for converting such employees or the work performed by such employees
    to private contractor performance under the Office of Management and
    Budget Circular A-76 or any other administrative regulation, directive,
    or policy unless the goal, target, or quota is based on considered
    research and sound analysis of past activities and is consistent with
    the stated mission of the executive agency. Nothing in this section
    shall limit the use of such funds for the administration of the
    Government Performance and Results Act of 1993 or for the
    administration of any other provision of law.
        Sec. 644. (a) The Administrator of General Services shall accept
    all right, title and interest in the property described in subsection
    (b), if written offer therefore (accompanied by such proof of title,
    property descriptions and other information as the Administration may
    require) is received by the Administrator from the owner of such
    property within 12 months after the date of the enactment of this Act.
        (b) The property described in this subsection is the property
    located at 5401 NW Broken Sound Boulevard, Boca Raton, Florida and all
    improvements thereon.
        (c) The United States shall pay an amount that does not exceed $1
    in consideration of any right, title, or interest received by the
    United States under this section.
        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 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''.

           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 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 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
    $5,000,000 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.
        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 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 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 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 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 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,
    including, 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 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 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 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.

                     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.
        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.
        Sec. 423. From amounts previously appropriated under the heading
    ``Emergency Response Fund'' in Public Law 107-038, $90,000,000 shall be
    made available, until expended, for the Federal Emergency Management
    Agency to administer baseline and follow-up screening and clinical
    examinations and long-term health monitoring and analysis for emergency
    services personnel and rescue and recovery personnel, of which not less
    that $25,000,000 shall be made available for such services for current
    and retired firefighters.
        Sec. 424. Section 214 of the Housing and Community Development Act
    of 1980 (42 U.S.C. 1436a) is amended by--
                (1) in subsection (a)(6), by striking ``or'' at the end;
                (2) by renumbering paragraph (7) as paragraph (8) in
            subsection (a);
                (3) by adding after paragraph (6) in subsection (a), the
            following new paragraph:
                ``(7) a qualified alien described in 8 U.S.C. 1641, or'';
                (4) in subsection (c)(1)(A), by striking ``paragraphs (1)
            through (6)'' and inserting ``paragraphs (1) through (7)''; and
                (5) in subsection (c)(2)(A), by inserting ``(other than a
            qualified alien as described in 8 U.S.C. 1641(c))'' after ``any
            alien''.
        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.--To the extent that
                    exercising such discretion is in the interest of
                    Homeland Security, and with respect to the designation
                    of any given university-based center for homeland
                    security, the Secretary may except certain criteria as
                    specified in section 308(b)(2)(B) and consider
                    additional criteria beyond those specified in section
                    308(b)(2)(B). 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.''.
        Sec. 104. Contracts With Corporate Expatriates. (a) Short Title.--
    This section may be cited as the ``Senator Paul Wellstone Corporate
    Patriotism Act of 2003''.
        (b) Limitation on Waivers.--Section 835 of the Homeland Security
    Act of 2002 (Public Law 107-296) is amended by striking subsection (d)
    and inserting the following:
        ``(d) Waivers.--The President may waive subsection (a) with respect
    to any specific contract if the President certifies to Congress that
    the waiver is essential to the national security.''.
        (c) Expanded Coverage of Entities.--Section 835(a) of such Act is
    amended by inserting ``nor any directly or indirectly held subsidiary
    of such entity'' after ``subsection (b)''.
        Sec.  105. Savings Provision of Certain Transfers Made Under the
    Homeland Security Act of 2002. The transfer of functions under subtitle
    B of title XI of the Homeland Security Act of 2003 (Public Law 107-296)
    shall not affect any pending or completed administrative actions,
    including orders, determinations, rules, regulations, personnel
    actions, permits, agreements, grants, contracts, certificates,
    licenses, or registrations, in effect on the date immediately prior to
    the date of such transfer, or any proceeding, unless and until amended,
    modified, superseded, terminated, set aside, or revoked. Pending civil
    actions shall not be affected by such transfer of functions.
        Sec.  106. Restoration of Provision Regarding Fees to Cover the
    Full Costs of All Adjudication Services. The Homeland Security Act of
    2002 is amended by striking section 457, including the amendment made
    by such section.
        Sec. 107. Sense of the Senate. It is the sense of the Senate that
    the conferees on the part of the Senate on the disagreeing votes of the
    two Houses on this joint resolution should insist that the committee of
    conference ensure that the joint resolution as reported from the
    committee includes section 102 of division L relating to Homeland
    Security Act of 2002 Amendments, as passed by the Senate (relating to
    amendments to sections 1714 through 1717 of the Homeland Security Act
    of 2002 (Public Law 107-296)).

                           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 ``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).
        Sec. 111. (a) Limitation on Use of Funds for Research and
    Development on Total Information Awareness Program.--Notwithstanding
    any other provision of law, commencing 60 days after the date of the
    enactment of this Act, no funds appropriated or otherwise made
    available to the Department of Defense, whether to an element of the
    Defense Advanced Research Projects Agency or any other element, or to
    any other department, agency, or element of the Federal Government, may
    be obligated or expended on research and development on the Total
    Information Awareness program unless--
                (1) the report described in subsection (b) is submitted to
            Congress not later than 60 days after the date of the enactment
            of this Act; or
                (2) the President certifies to Congress in writing, that--
                        (A) the submittal of the report to Congress within
                    60 days after the date of the enactment of this Act is
                    not practicable; and
                        (B) the cessation of research and development on
                    the Total Information Awareness program would endanger
                    the national security of the United States.
        (b) Report.--The report described in this subsection is a report,
    in writing, of the Secretary of Defense, the Attorney General, and the
    Director of Central Intelligence, acting jointly, that--
                (1) contains--
                        (A) a detailed explanation of the actual and
                    intended use of funds for each project and activity of
                    the Total Information Awareness program, including an
                    expenditure plan for the use of such funds;
                        (B) the schedule for proposed research and
                    development on each project and activity of the Total
                    Information Awareness program; and
                        (C) target dates for the deployment of each project
                    and activity of the Total Information Awareness
                    program;
                (2) assesses the likely efficacy of systems such as the
            Total Information Awareness program in providing practically
            valuable predictive assessments of the plans, intentions, or
            capabilities of terrorists or terrorist groups;
                (3) assesses the likely impact of the implementation of a
            system such as the Total Information Awareness program on
            privacy and civil liberties; and
                (4) sets forth a list of the laws and regulations that
            govern the information to be collected by the Total Information
            Awareness program, and a description of any modifications of
            such laws that will be required to use the information in the
            manner proposed under such program;
                (5) includes recommendations, endorsed by the Attorney
            General, for practices, procedures, regulations, or legislation
            on the deployment, implementation, or use of the Total
            Information Awareness program to eliminate or minimize adverse
            effects of such program on privacy and other civil liberties.
        (c) Limitation on Deployment of Total Information Awareness
    Program.--(1) Notwithstanding any other provision of law and except as
    provided in paragraph (2), if and when research and development on the
    Total Information Awareness program, or any component of such program,
    permits the deployment or implementation of such program or component,
    no department, agency, or element of the Federal Government may deploy
    or implement such program or component, or transfer such program or
    component to another department, agency, or element of the Federal
    Government, until the Secretary of Defense--
                (A) notifies Congress of that development, including a
            specific and detailed description of--
                        (i) each element of such program or component
                    intended to be deployed or implemented; and
                        (ii) the method and scope of the intended
                    deployment or implementation of such program or
                    component (including the data or information to be
                    accessed or used); and
                (B) has received specific authorization by law from
            Congress for the deployment or implementation of such program
            or component, including--
                        (i) a specific authorization by law for the
                    deployment or implementation of such program or
                    component; and
                        (ii) a specific appropriation by law of funds for
                    the deployment or implementation of such program or
                    component.
        (2) The limitation in paragraph (1) shall not apply with respect to
    the deployment or implementation of the Total Information Awareness
    program, or a component of such program, in support of the following:
                (A) Lawful military operations of the United States
            conducted outside the United States.
                (B) Lawful foreign intelligence activities conducted wholly
            overseas, or wholly against non-United States persons.
        (d) Sense of Congress.--It is the sense of Congress that--
                (1) the Total Information Awareness program should not be
            used to develop technologies for use in conducting intelligence
            activities or law enforcement activities against United States
            persons without appropriate consultation with Congress or
            without clear adherence to principles to protect civil
            liberties and privacy; and
                (2) the primary purpose of the Defense Advanced Research
            Projects Agency is to support the lawful activities of the
            Department of Defense and the national security programs
            conducted pursuant to the laws assembled for codification
            purposes in title 50, United States Code.
        (e) Definitions.--In this section:
                (1) Total information awareness program.--The term ``Total
            Information Awareness program''--
                        (A) means the computer hardware and software
                    components of the program known as Total Information
                    Awareness, any related information awareness program,
                    or any successor program under the Defense Advanced
                    Research Projects Agency or another element of the
                    Department of Defense; and
                        (B) includes a program referred to in subparagraph
                    (1), or a component of such program, that has been
                    transferred from the Defense Advanced Research Projects
                    Agency or another element of the Department of Defense
                    to any other department, agency, or element of the
                    Federal Government.
                (2) Non-united states person.--The term ``non-United States
            person'' means any person other than a United States person.
                (3) United states person.--The term ``United States
            person'' has the meaning given that term in section 101(i) of
            the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
            1801(i)).

                                    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 ``December 31, 2004'' 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 170d.(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 170e.(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 170p. 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 170t. 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 170b. 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.

    SEC. 210. CIVIL PENALTIES.

        (a) Repeal of Automatic Remission.--Section 234Ab.(2) of the Atomic
    Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the
    last sentence.
        (b) Limitation for Not-For-Profit Institutions.--Subsection d. of
    section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(d)) is
    amended to read as follows:
        ``d.(1) Notwithstanding subsection a., in the case of any not-for-
    profit contractor, subcontractor, or supplier, the total amount of
    civil penalties paid under subsection a. may not exceed the total
    amount of fees paid within any one-year period (as determined by the
    Secretary) under the contract under which the violation occurs.
        ``(2) For purposes of this section, the term `not-for-profit' means
    that no part of the net earnings of the contractor, subcontractor, or
    supplier inures, or may lawfully inure, to the benefit of any natural
    person or for-profit artificial person.''.
        (c) Effective Date.--The amendments made by this section shall not
    apply to any violation of the Atomic Energy Act of 1954 occurring under
    a contract entered into before the date of enactment of this section.

                    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 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--AGRICULTURAL ASSISTANCE

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``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) Disaster county.--The term ``disaster county'' means a
            county included in the geographic area covered by a qualifying
            natural disaster declaration, excluding a contiguous county.
                (3) 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).
                (4) 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.).
                (5) Qualifying natural disaster declaration.--The term
            ``qualifying natural disaster declaration'' means--
                        (A) a natural disaster declared by the Secretary
                    under section 321(a) of the Consolidated Farm and Rural
                    Development Act (7 U.S.C. 1961(a)); or
                        (B) a major disaster or emergency designated by the
                    President under the Robert T. Stafford Disaster Relief
                    and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
                (6) 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
    a farm if--
                (1)(A) the farm is located in a disaster county declared
            during calendar year 2001 or 2002; or
                (B) the producers on the farm have incurred qualifying crop
            losses with respect to the 2001 or 2002 crop of a covered
            commodity or peanuts due to damaging weather or related
            condition, as determined by the Secretary using the same loss
            thresholds for the quantity and quality losses as were used in
            administering section 815 of the Agriculture, Rural
            Development, Food and Drug Administration, and Related Agencies
            Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549,
            1549A-55); and
                (2) the producers on the farm are eligible for direct
            payments for the 2002 crop of a covered commodity or peanuts
            under sections 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 percent of the amount of
    the direct payment the producers on the farm are eligible to receive
    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 amounts that are 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 ASSISTANCE.

        (a) Livestock Assistance Program.--Subject to subsection (c), 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
                    declaration as a disaster county 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.
        (b) Livestock Loss Assistance Program.--
                (1) In general.--Subject to paragraph (2) and subsection
            (c), the Secretary shall use $250,000,000 of funds of the
            Commodity Credit Corporation to establish a program under which
            payments for livestock losses are made using the criteria
            established to carry out the 1999 Livestock Assistance Program
            to producers for losses in a disaster county declared during
            calendar year 2001 or 2002.
                (2) Choice of payments.--If the farm of the producers is
            located in a disaster county declared during each of calendar
            years 2001 and 2002, the producers on the farm may elect to
            receive payments under this subsection for losses associated
            with the qualifying natural disaster declaration in either
            calendar year 2001 or calendar year 2002, but not both.
        (c) Relationship of Livestock Assistance Programs.--
                (1) Definition of livestock assistance program.--In this
            subsection, the term ``livestock assistance program'' means--
                        (A) the 2002 Cattle Feed Program announced by the
                    Secretary on September 3, 2002 (67 Fed. Reg. 56260);
                        (B) the 2002 Livestock Compensation Program, as
                    announced by the Secretary on October 10, 2002 (67 Fed.
                    Reg. 63070) and modified in accordance with subsection
                    (a); and
                        (C) the livestock loss assistance program
                    established under subsection (b).
                (2) Payments.--The amount of assistance that the producers
            on a farm would otherwise receive for a loss under a livestock
            assistance program shall be reduced by the amount of the
            assistance that the producers on the farm receive under any
            other livestock assistance program.

    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 assistance to producers directly or
    through 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. TOBACCO PAYMENTS.

        (a) Definitions.--In this section:
                (1) Eligible person.--The term ``eligible person'' means a
            person that--
                        (A) owns a farm for which, irrespective of
                    temporary transfers or undermarketings, a basic quota
                    or allotment for eligible tobacco is established for
                    the 2002 crop year under part I of subtitle B of title
                    III of the Agricultural Adjustment Act of 1938 (7
                    U.S.C. 1311 et seq.);
                        (B) controls the farm from which, under the quota
                    or allotment for the relevant period, eligible tobacco
                    is marketed, could have been marketed, or can be
                    marketed, taking into account temporary transfers; or
                        (C) grows, could have grown, or can grow eligible
                    tobacco that is marketed, could have been marketed, or
                    can be marketed under the quota or allotment for the
                    2002 crop year, taking into account temporary
                    transfers.
                (2) Eligible tobacco.--The term ``eligible tobacco'' means
            each of the following kinds of tobacco:
                        (A) Flue-cured tobacco, comprising types 11, 12,
                    13, and 14.
                        (B) Fire-cured tobacco, comprising types 21, 22,
                    and 23.
                        (C) Dark air-cured tobacco, comprising types 35 and
                    36.
                        (D) Virginia sun-cured tobacco, comprising type 37.
                        (E) Burley tobacco, comprising type 31.
                        (F) Cigar-filler and cigar-binder tobacco,
                    comprising types 42, 43, 44, 54, and 55.
        (b) Payments.--Not later than June 1, 2003, the Secretary shall use
    funds of the Commodity Credit Corporation to make payments under this
    section.
        (c) Poundage Payment Quantities.--
                (1) In general.--
                        (A) Flue-cured and cigar tobacco.--In the case of
                    Flue-cured tobacco (types 11, 12, 13, and 14) and
                    cigar-filler and cigar-binder tobacco (types 42, 43,
                    44, 54, and 55), the poundage payment quantity under
                    this section shall equal the number of pounds of the
                    basic poundage quota of the kind of tobacco,
                    irrespective of temporary transfers or undermarketings,
                    under part I of subtitle B of title III of the
                    Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
                    seq.) for the 2002 crop year.
                        (B) Other kinds of eligible tobacco.--In the case
                    of each other kind of eligible tobacco, the poundage
                    payment quantity under this section shall equal--
                                (i) in the case of eligible persons that
                            are owners described in subsection (a)(1)(A),
                            the number of pounds of the basic poundage
                            quota of the kind of tobacco, irrespective of
                            temporary transfers or undermarketings, under
                            part I of subtitle B of title III of the
                            Agricultural Adjustment Act of 1938 (7 U.S.C.
                            1311 et seq.) for the 2002 crop year; and
                                (ii) in the case of eligible persons that
                            are controllers described in subsection
                            (a)(1)(B) or growers described in subsection
                            (a)(1)(C), the number of pounds of effective
                            poundage quota of the kind of tobacco,
                            including temporary transfers or
                            undermarketings, under part I of subtitle B of
                            title III of the Agricultural Adjustment Act of
                            1938 (7 U.S.C. 1311 et seq.) for the 2002 crop
                            year.
                (2) Conversion of individual allotments to poundage payment
            quantities.--In the case of each kind of eligible tobacco other
            than Flue-cured tobacco (types 11, 12, 13, and 14) and Burley
            tobacco (type 31), individual allotments shall be converted to
            poundage payment quantities by multiplying--
                        (A) the number of acres that may, irrespective of
                    temporary transfers or undermarketings, be devoted,
                    without penalty, to the production of the kind of
                    tobacco under the allotment under part I of subtitle B
                    of title III of the Agricultural Adjustment Act of 1938
                    (7 U.S.C. 1311 et seq.) for the 2002 crop year; by
                        (B)(i) in the case of fire-cured tobacco (type 21),
                    1,746 pounds per acre;
                        (ii) in the case of fire-cured tobacco (types 22
                    and 23), 2,676 pounds per acre;
                        (iii) in the case of dark air-cured tobacco (types
                    35 and 36), 2,475 pounds per acre;
                        (iv) in the case of Virginia sun-cured tobacco
                    (type 37), 1,502 pounds per acre; and
                        (v) in the case of cigar-filler and cigar-binder
                    tobacco (types 42, 43, 44, 54, and 55), 2,230 pounds
                    per acre.
        (d) Available Payment Amounts.--The available payment amount for
    each kind of eligible tobacco under subsection (b) shall not exceed the
    amount obtained by multiplying--
                (1) 5.55 cents per pound; and
                (2) the national basic poundage quota for the applicable
            kind.
        (e) Division of Payments Among Eligible Persons.--
                (1) In general.--Payments available with respect to a pound
            of payment quantity, as determined under subsection (d), shall
            be made available to eligible persons in accordance with this
            paragraph, as determined by the Secretary.
                (2) Flue-cured and cigar tobacco.--In the case of payments
            made available in a State under subsection (b) for Flue-cured
            tobacco (types 11, 12, 13, and 14) and cigar-filler and cigar-
            binder tobacco (types 42, 43, 44, 54, and 55), the Secretary
            shall distribute (as determined by the Secretary)--
                        (A) 50 percent of the payments to eligible persons
                    that are owners described in subsection (a)(1)(A); and
                        (B) 50 percent of the payments to eligible persons
                    that are growers described in subsection (a)(1)(C).
                (3) Other kinds of eligible tobacco.--In the case of
            payments made available in a State under subsection (b) for
            each other kind of eligible tobacco not covered by paragraph
            (2), the Secretary shall distribute (as determined by the
            Secretary)--
                        (A) 33\1/3\ percent of the payments to eligible
                    persons that are owners described in subsection
                    (a)(1)(A);
                        (B) 33\1/3\ percent of the payments to eligible
                    persons that are controllers described in subsection
                    (a)(1)(B); and
                        (C) 33\1/3\ percent of the payments to eligible
                    persons that are growers described in subsection
                    (a)(1)(C).
        (f) Special Rule for Georgia.--The Secretary may make payments
    under this section to eligible persons in Georgia only if the State of
    Georgia agrees to use $13,000,000 to make payments at the same time, or
    subsequently, to the same persons in the same manner as provided for
    the Federal payments under this section, as required by section
    204(b)(6) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
    1421 note; Public Law 106-224).
        (g) Judicial Review.--A determination by the Secretary under this
    section shall not be subject to judicial review.

    SEC. 208. 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. 209. HURRICANE ASSISTANCE.

        (a) In General.--In a State in a which a qualifying natural
    disaster declaration has been made during a calendar year, 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 qualifying natural disaster declaration.
        (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 qualifying natural disaster declaration was made during calendar year
    2002.

    SEC. 210. 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. 211. 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. 212. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED IN NEW MEXICO
                  FOR TEBUTHIURON APPLICATION 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 application by the Federal Government of tebuthiuron on land on or
    near the farms 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. 213. ADMINISTRATION.

        Section 1232(a)(7)(A)(iii) of the Food Security Act of 1985 (16
    U.S.C. 3832(a)(7)(A)(iii)) is amended by inserting before the semicolon
    the following: ``, except that this clause shall not apply during the
    2002 calendar year''.

    SEC. 214. SENSE OF SENATE ON ASSISTANCE FOR PORK PRODUCERS UNDER THE
                  FEED ASSISTANCE PROGRAMS.

        It is the sense of the Senate that--
                (1) weather-related disasters have caused economic distress
            for United States pork producers in the form of higher feed
            costs;
                (2) feed assistance programs administered by the Secretary
            (such as the Livestock Assistance Program established under
            part 1439 of title 7, Code of Federal Regulations, and the 2002
            Cattle Feed Program announced by the Secretary on September 3,
            2002 (67 Fed. Reg. 56260)), have been very effective in--
                        (A) assisting cow-calf producers that have been
                    negatively affected by weather-related disasters; and
                        (B) reducing Commodity Credit Corporation-owned
                    stocks of powdered nonfat dry milk; and
                (3) the Secretary, using authorities of the Commodity
            Credit Corporation, should expand feed assistance programs
            administered by the Secretary to include United States pork
            producers that are negatively affected by weather-related
            disasters.

    SEC. 215. 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. 216. 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--
                (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--TANF AND MEDICARE

        Sec. 401. Section 114 of Public Law 107-229, as amended by section
    3 of Public Law 107-240 and by section 2 of Public Law 107-294, 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, That
            notwithstanding'' 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.
        Sec. 404. Extension of Temporary Increase for Home Health Services
    Furnished in a Rural Area. (a) In General.--Section 508(a) of the
    Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
    of 2000 (114 Stat. 2763A-533), as enacted into law by section 1(a)(6)
    of Public Law 106-554, is amended--
                (1) by striking ``24-Month Increase Beginning April 1,
            2001'' and inserting ``In General'';
                (2) by striking ``April 1, 2003'' and inserting ``October
            1, 2003''; and
                (3) by inserting before the period at the end the
            following: ``(or 5 percent in the case of such services
            furnished on or after April 1, 2003, and before October 1,
            2003)''.
        (b) Conforming Amendment.--Section 547(c)(2) of the Medicare,
    Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
    (114 Stat. 2763A-553), as enacted into law by section 1(a)(6) of Public
    Law 106-554, is amended by striking ``the period beginning on April 1,
    2001, and ending on September 30, 2002,'' and inserting ``a period
    under such section''.
        Sec. 405. Section 136 of Public Law 107-229, as added by section 5
    of Public Law 107-240, is amended by striking ``60 days after the date
    specified in section 107(c) of Public Law 107-229, as amended'' and
    inserting ``September 30, 2003''.

                          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 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).

                Attest:

                                                                 Secretary.
    108th CONGRESS

      1st Session

                                  H. J. RES. 2

    _______________________________________________________________________

                                   AMENDMENT