[Congressional Record Volume 149, Number 15 (Tuesday, January 28, 2003)]
[Senate]
[Pages S1512-S1643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2003

  On January 23, 2003, the Senate amended and passed H.J. Res. 2, as 
follows:

       Resolved, That the resolution from the House of 
     Representatives (H.J. Res. 2) entitled ``Joint resolution 
     making further continuing appropriations for fiscal year 
     2003, and for other purposes.'' do pass with the following 
     Amendment:
       Strike out all after the resolving clause and insert:

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

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

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

                          Executive Operations


                            chief economist

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


                       national appeals division

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


                 Office of Budget and Program Analysis

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

                Office of the Chief Information Officer

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


                      Common Computing Environment

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

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, including employment

[[Page S1513]]

     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

[[Page S1514]]

     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

[[Page S1515]]

     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

[[Page S1516]]

     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

[[Page S1517]]

     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.

[[Page S1518]]

       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

[[Page S1519]]

     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

[[Page S1520]]

     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

[[Page S1521]]

     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

[[Page S1522]]

     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:

[[Page S1523]]

                     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

[[Page S1524]]

     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.''.

[[Page S1525]]

                              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

[[Page S1526]]

     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

[[Page S1527]]

     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.

[[Page S1528]]

       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

[[Page S1529]]

     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

[[Page S1530]]

     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''.

[[Page S1531]]

                        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

[[Page S1532]]

     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.

[[Page S1533]]

                    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.

[[Page S1534]]

                      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

[[Page S1535]]

     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''.

[[Page S1536]]

         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.

[[Page S1537]]

                       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.--

[[Page S1538]]

       ``(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

[[Page S1539]]

     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,

[[Page S1540]]

     $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

[[Page S1541]]

       ``(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

[[Page S1542]]

     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

[[Page S1543]]

     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.

[[Page S1544]]

                         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,

[[Page S1545]]

     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

[[Page S1546]]

     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

[[Page S1547]]

     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.

[[Page S1548]]

       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

[[Page S1549]]

     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

[[Page S1550]]

     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

[[Page S1551]]

     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

[[Page S1552]]

     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

[[Page S1553]]

     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

[[Page S1554]]

     $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.

[[Page S1555]]

                      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

[[Page S1556]]

     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

[[Page S1557]]

     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).

[[Page S1558]]

       (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

[[Page S1559]]

     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

[[Page S1560]]

     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.

[[Page S1561]]

       (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.

[[Page S1562]]

       (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.--

[[Page S1563]]

       (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.

[[Page S1564]]

       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

[[Page S1565]]

     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

[[Page S1566]]

     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

[[Page S1567]]

     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,

[[Page S1568]]

     $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

[[Page S1569]]

     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.

[[Page S1570]]

       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

[[Page S1571]]

     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;

[[Page S1572]]

       (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.

[[Page S1573]]

     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

[[Page S1574]]

     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

[[Page S1575]]

     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.

[[Page S1576]]

                         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

[[Page S1577]]

     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

[[Page S1578]]

     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

[[Page S1579]]

     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

[[Page S1580]]

     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

[[Page S1581]]

       (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

[[Page S1582]]

     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

[[Page S1583]]

     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,

[[Page S1584]]

     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

[[Page S1585]]

     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

[[Page S1586]]

     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 20,027,000 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

[[Page S1587]]

     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

[[Page S1588]]

     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

[[Page S1589]]

     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

[[Page S1590]]

     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

[[Page S1591]]

     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.

[[Page S1592]]

                        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

[[Page S1593]]

     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.

[[Page S1594]]

                      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,

[[Page S1595]]

     $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

[[Page S1596]]

     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

[[Page S1597]]

     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

[[Page S1598]]

     (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.

[[Page S1599]]

       (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

[[Page S1600]]

     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.

[[Page S1601]]

                          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.

[[Page S1602]]

                 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'';

[[Page S1603]]

       (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.

[[Page S1604]]

                        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

[[Page S1605]]

     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

[[Page S1606]]

     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:

[[Page S1607]]

       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.

[[Page S1608]]

     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

[[Page S1609]]

     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

[[Page S1610]]

     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

[[Page S1611]]

     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

[[Page S1612]]

     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

[[Page S1613]]

     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,

[[Page S1614]]

     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:

[[Page S1615]]

       ``(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)

[[Page S1616]]

     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:

[[Page S1617]]

       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.

[[Page S1618]]

                       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.

[[Page S1619]]

                        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

[[Page S1620]]

     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

[[Page S1621]]

     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

[[Page S1622]]

       (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

[[Page S1623]]

     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

[[Page S1624]]

     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.

[[Page S1625]]

       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

[[Page S1626]]

     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

[[Page S1627]]

     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

[[Page S1628]]

     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

[[Page S1629]]

     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

[[Page S1630]]

     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

[[Page S1631]]

     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

[[Page S1632]]

     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.

[[Page S1633]]

                      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''.

[[Page S1634]]

                       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.

[[Page S1635]]

       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

[[Page S1636]]

     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):

[[Page S1637]]

       ``(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,

[[Page S1638]]

     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

[[Page S1639]]

       (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.

[[Page S1640]]

     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

[[Page S1641]]

     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:

[[Page S1642]]

       ``(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).

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