[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 2 Public Print (PP)]
1st Session
H. J. RES. 2
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2003
Ordered to be printed with the amendment of the Senate
[Strike out all after the resolving clause and insert the part printed
in italic]
_______________________________________________________________________
JOINT RESOLUTION
Making further continuing appropriations for the fiscal year 2003, and
for other purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <DELETED>That Public Law 107-
229 is further amended by striking the date specified in section 107(c)
and inserting in lieu thereof ``January 31, 2003''.
<DELETED> Sec. 2. Public Law 107-229, as amended, is further amended
in section 120, by striking ``and December 1, 2002,'' and inserting
``December 1, 2002, January 1, 2003, and February 1, 2003,''.</DELETED>
<DELETED> Sec. 3. Section 613 of the Treasury and General Government
Appropriations Act, 2002, is amended (1) by striking ``2001'' and
``2002'' each place it appears and inserting ``2002'' and ``2003'',
respectively; and (2) in subsection (a)(1), as so amended, by inserting
``(as in effect on September 30, 2002)'' after ``Act, 2002'' and after
``such section 613'': Provided, That such section, as so amended, shall
be effective through September 30, 2003, notwithstanding section 107 of
this joint resolution.</DELETED>
<DELETED> Sec. 4. Public Law 107-229, as amended, is further amended
by striking section 137 and inserting the following new
section:</DELETED>
<DELETED> ``Sec. 137. (a) Notwithstanding any other provision of
this joint resolution, in addition to amounts made available in section
101, and subject to sections 107(c) and 108, such sums as may be
necessary shall be available to the Securities and Exchange Commission
for the Secretary of the Treasury to advance start-up expenses to the
Public Company Accounting Oversight Board pursuant to section 109(j) of
the Sarbanes-Oxley Act of 2002
(Pub. L. 107-204).</DELETED>
<DELETED> ``(b) Notwithstanding any other provision of this joint
resolution, upon the collection of fees authorized in section 109(d) of
the Sarbanes-Oxley Act of 2002 (Pub. L. 107-204), the Public Company
Accounting Oversight Board shall reimburse the Securities and Exchange
Commission for any Commission appropriations advanced to the Board for
start-up expenses pursuant to section 109(j) of such Act or subsection
(a) of this section, so as to result in no net effect of such advances
on appropriations available to the Commission in fiscal year
2003.''.</DELETED>
<DELETED> Sec. 5. Section 8005 of the Department of Defense
Appropriations Act, 2003 (Pub. L. 107-248) is amended by inserting
before the period at the end the following: ``: Provided further, That
in addition to the transfer authority provided in this section, and
subject to the terms and conditions of this section except the
limitation in the fourth proviso, only to meet unforeseen requirements
associated with the global war on terrorism, the Secretary of Defense
may transfer an additional $2,500,000,000 of working capital funds of
the Department of Defense or funds made available in titles I through
VII of this Act to the Department of Defense for military functions
(except military construction), including programs and activities of
the National Foreign Intelligence Program (with the concurrence of the
Director of Central Intelligence) and the United States Special
Operations Command, between such appropriations or funds or any
subdivision thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation or fund to
which transferred''.</DELETED>
<DELETED> Sec. 6. (a) Approval of Prospectus.--For purposes of
section 3307(a) of title 40, United States Code, the prospectus of
General Services Administration entitled ``Prospectus--Lease,
Department of Homeland Security, Washington, DC Metropolitan Area'',
prospectus number PDC-08W03, as submitted on December 24, 2002, is
deemed approved by the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives on the date of enactment of this
Act.</DELETED>
<DELETED> (b) Prohibition on Delegation.--The authority of the
General Services Administration to lease space under this section may
not be delegated to any other department or agency.</DELETED>
<DELETED> (c) Modifications.--Any modification to the prospectus
referred to in subsection (a) that is subject to approval under section
3307 of title 40, United States Code, shall be approved in accordance
with the requirements of such section.</DELETED>
<DELETED> Sec. 7. Section 126 of Public Law 107-229, as added by
Public Law 107-240, is amended to read as follows:</DELETED>
<DELETED> ``Sec. 126. Notwithstanding any other provision of this
joint resolution, except section 107, the District of Columbia may
expend local funds for programs and activities under the heading
`District of Columbia Funds--Operating Expenses' at the rate set forth
for such programs and activities in the revised financial plan and
budget for the District Government for fiscal year 2003 submitted to
Congress by the District of Columbia pursuant to section 138 of H.R.
5521 of the 107th Congress, as reported by the Committee on
Appropriations of the House of Representatives.''.</DELETED>
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).
Passed the House of Representatives January 8, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate January 23, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.