[108th Congress Public Law 7]
[From the U.S. Government Printing Office]
[DOCID: f:publ007.108]
[[Page 117 STAT. 11]]
Public Law 108-7
108th Congress
Joint Resolution
Making consolidated appropriations for the fiscal year ending September
30, 2003, and for other purposes. <<NOTE: Feb. 20, 2003 - [H.J. Res.
2]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Resolution, 2003.>>
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Consolidated
Appropriations Resolution, 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this joint resolution is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003
Title I--Federal Funds
Title II--District of Columbia Funds
Title III--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2003
Title I--Export and Investment Assistance
[[Page 117 STAT. 12]]
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions
DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003
Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--T'uf Shur Bien Preservation Trust Area
Title V--National Forest Organizational Camp Fee Improvement Act of 2003
DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS, 2003
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003
Title I--Department of Transportation
Title II--Related Agencies
Title III--General Provisions
DIVISION J--TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 2003
Title I--Department of the Treasury
Title II--Postal Service
Title III--Executive Office of the President and Funds Appropriated to
the President
Title IV--Independent Agencies
Title V--General Provisions--This Act
Title VI--General Provisions--Departments, Agencies, and Corporations
DIVISION K--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS, 2003
Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions
DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS
DIVISION M--DEFENSE MATTERS
DIVISION N--EMERGENCY RELIEF AND OFFSETS
Title I--Election Reform
Title II--Agricultural Assistance
Title III--Wildland Fire Emergency
Title IV--TANF and Medicare
Title V--Fisheries Disasters
Title VI--Offsets
Title VII--Bonneville Power Administration Borrowing Authority
DIVISION O--PRICE-ANDERSON ACT AMENDMENTS
DIVISION P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this joint resolution shall be
treated as referring only to the provisions of that division.
[[Page 117 STAT. 13]]
DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2003.>> A--
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
Joint Resolution
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, $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), $8,566,000.
national appeals division
For necessary expenses of the National Appeals Division,
$13,759,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$7,358,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $15,251,000.
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
[[Page 117 STAT. 14]]
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,
$5,572,000: Provided, That the Chief Financial Officer shall actively
market and expand cross-servicing activities of the National Finance
Center.
working capital fund
For the acquisition of remote mirroring backup technology of the
National Finance Center's data, $12,000,000, to remain available until
expended: Provided, <<NOTE: Study.>> That none of these funds may be
obligated until the House and Senate Committees on Appropriations have
approved a feasibility study to be submitted by the Secretary of
Agriculture: Provided further, <<NOTE: Deadline.>> That if the study is
not approved within 30 days of its submission, the funds appropriated
shall be available for the authorized uses of the Working Capital Fund.
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, $664,000.
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, $196,781,000, 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.
[[Page 117 STAT. 15]]
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, $38,095,000, 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: 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, $3,821,000: 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, $9,140,000:
Provided, That 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 Inspector General Act of 1978,
$74,097,000, 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
[[Page 117 STAT. 16]]
Act of 1978, 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,
$35,017,000.
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,
$588,000.
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,
$69,123,000.
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, $139,354,000, of which up to
$41,274,000 shall be available until expended for the Census of
Agriculture.
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, $1,052,770,000: Provided, <<NOTE: 7 USC 2254.>> 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
[[Page 117 STAT. 17]]
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, <<NOTE: Maryland.>> 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 appropriated under this heading shall be available
to carry out research related to the production, processing or marketing
of tobacco or tobacco products.
In <<NOTE: 7 USC 3319g.>> fiscal year 2003 and thereafter, 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, $119,480,000,
to remain available until expended: Provided, That, in <<NOTE: 7 USC
3319h.>> fiscal year 2003 and thereafter, 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,
$620,827,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $21,884,000; 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)), $112,264,000; for special grants for
agricultural research on improved pest control (7 U.S.C. 450i(c)),
$15,264,000; for competitive research grants (7 U.S.C. 450i(b)),
$167,131,000; for the support
[[Page 117 STAT. 18]]
of animal health and disease programs (7 U.S.C. 3195), $5,098,000; for
supplemental and alternative crops and products (7 U.S.C. 3319d),
$1,196,000; for grants for research pursuant to the Critical
Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,250,000, 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),
$1,100,000, to remain available until expended; for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,243,000, to remain
available until expended (7 U.S.C. 2209b); for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $4,920,000; 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), $4,100,000; 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),
$4,500,000; for sustainable agriculture research and education (7 U.S.C.
5811), $13,750,000; 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, $29,659,000.
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,
$453,468,000, 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)), $3,387,000;
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, $5,525,000;
payments to upgrade research, extension, and teaching facilities at the
1890 land-grant colleges, including Tuskegee
[[Page 117 STAT. 19]]
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.), $4,546,000;
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, $4,875,000; 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,
$20,877,000.
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), $46,743,000, 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, $3,250,000; payments for the organic transition
program, $2,125,000; payments for the international science and
education grants program under 7 U.S.C. 3291, to remain available until
expended, $500,000; payments for the critical issues program under 7
U.S.C. 450i(c): 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
[[Page 117 STAT. 20]]
Service; and the Grain Inspection, Packers and Stockyards
Administration; $730,000.
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, $725,502,000, 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 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
[[Page 117 STAT. 21]]
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,
$9,989,000, 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, $75,702,000, 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
Not to exceed $61,619,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <<NOTE: Notification.>> 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
[[Page 117 STAT. 22]]
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, $39,950,000, of which
$4,500,000, to remain available until expended, shall be for a packer
concentration study: 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, <<NOTE: Notification.>> 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, $603,000.
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 of which $5,000,000 shall be for enhanced inspection
activities, to remain available through September 30, 2004; 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 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, $622,000.
[[Page 117 STAT. 23]]
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,
$976,738,000: Provided, That the Secretary of Agriculture 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.
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
(including transfer of funds)
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 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, $1,130,000,000, of which $1,000,000,000 shall be for
guaranteed loans and $130,000,000 shall be for direct loans; operating
loans, $2,705,000,000, of which $1,700,000,000 shall be for unsubsidized
guaranteed loans, $400,000,000 shall be for subsidized guaranteed loans
and $605,000,000 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, $22,593,000, of which
$7,500,000 shall be for guaranteed loans, and $15,093,000 shall be for
direct loans; operating loans, $205,513,000, of which $53,890,000 shall
be for unsubsidized guaranteed loans, $47,200,000 shall be for
subsidized guaranteed loans, and $104,423,000 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
[[Page 117 STAT. 24]]
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, <<NOTE: Notification. Deadline.>> 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 (7 U.S.C. 1516), 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.
[[Page 117 STAT. 25]]
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, $750,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$825,004,000, 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 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
[[Page 117 STAT. 26]]
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $11,197,000.
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 (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, $110,000,000, to remain available until expended (of which
up to $15,000,000 may be available for the watersheds authorized under
the Flood Control Act (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 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), $51,000,000, to remain available
until expended.
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, $640,000.
[[Page 117 STAT. 27]]
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, $907,737,000, to remain available until expended, of which
$96,800,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $723,217,000 shall be for the rural
utilities programs described in sections 381E(d)(2), 306C(a)(2), and
306D of such Act; and of which $87,720,000 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, $7,000,000 shall be
available for a Rural Community Development Initiative: Provided
further, That such funds 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 of the amount
appropriated for the Rural Community Development Initiative, not less
than $1,000,000 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 $1,000,000 made
available, not less than $200,000 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 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 the Delta Regional Authority (7 U.S.C.
1921 et seq.): Provided further, That of the amount appropriated for
rural utilities programs, not to exceed
[[Page 117 STAT. 28]]
$25,000,000 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 $18,333,000 shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such Act, of
which $5,513,000 shall be for Rural Community Assistance Programs; not
to exceed $1,000,000 shall be in the form of predevelopment planning
grants, not to exceed $50,000 each; 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 remaining funds specifically appropriated in
fiscal year 2002 for rural communities with extremely high energy costs
under the Rural Community Advancement Program shall be merged and
transferred into the Account: Provided further, That any funds in the
Account shall be used to provide grants authorized under section 19 of
that Act.
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;
$145,736,000: Provided, 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.
[[Page 117 STAT. 29]]
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:
$5,572,000,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $1,044,000,000 shall be for direct loans, and of
which $4,528,000,000 shall be for unsubsidized guaranteed loans;
$35,000,000 for section 504 housing repair loans; $115,805,000 for
section 515 rental housing; $100,000,000 for section 538 guaranteed
multi-family housing loans; $5,046,000 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, $234,950,000, of which
$202,350,000 shall be for direct loans, and of which $32,600,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $10,857,000; section 515 rental
housing, $54,000,000; section 538 multi-family housing guaranteed loans,
$4,500,000; 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, $432,374,000, 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, $726,000,000; 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 $20,000
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
[[Page 117 STAT. 30]]
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,
$42,498,000, 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, $36,307,000, 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, $4,190,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
[[Page 117 STAT. 31]]
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, $2,600,000,000; 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;
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
[[Page 117 STAT. 32]]
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, $37,833,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rural telephone bank program account
(including transfer of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 2003 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $174,615,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$2,410,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,082,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning and telemedicine program
For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount of
broadband telecommunication loans, $80,000,000.
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $56,941,000, 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
grants 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,
$603,000.
[[Page 117 STAT. 33]]
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 none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, <<NOTE: Wisconsin.>> 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), $4,696,000,000, 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, notwithstanding
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: 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 <<NOTE: Study.>> 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.
[[Page 117 STAT. 34]]
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $26,313,692,000, 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 none of the
funds made available under this heading shall be used for studies and
evaluations: Provided further, <<NOTE: Bison meat.>> 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 $3,000,000 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, $164,500,000, 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.
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, $136,560,000, 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 $7,500,000 shall
be available to improve integrity in the Food Stamp and Child Nutrition
programs.
[[Page 117 STAT. 35]]
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), $129,948,000: 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.
In fiscal year 2003 and thereafter, 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.
[[Page 117 STAT. 36]]
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, $1,200,000,000, to remain available until expended, for
commodities supplied in connection with dispositions abroad under title
II of said Act.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $4,058,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,224,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $834,000 may
be transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; $1,630,727,000, 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 not to exceed $2,300,000 of the total amount
appropriated shall be for activities related to legislative affairs:
Provided further, That of the total amount appropriated: (1)
$413,347,000 shall be for the Center for Food Safety and Applied
[[Page 117 STAT. 37]]
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $426,671,000 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) $199,699,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $88,972,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $208,685,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $40,688,000 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) $107,482,000
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, $8,000,000, 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, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $85,985,000,
including not to exceed $2,000 for official reception and representation
expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $38,400,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
[[Page 117 STAT. 38]]
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. Funds appropriated by this Act shall be available for
employment pursuant to the second sentence of section 706(a) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5
U.S.C. 3109.
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. <<NOTE: 7 USC 2209b.>> 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, information technology
infrastructure, fruit fly program, emerging plant pests, boll weevil
program, up to 25 percent of the screwworm program; 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).
[[Page 117 STAT. 39]]
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. <<NOTE: 7 USC 2279g.>> 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 hereafter may use
cooperative agreements to reflect a relationship between the
Agricultural Marketing Service; the Grain Inspection, Packers and
Stockyards Administration; the Animal and Plant Health Inspection
Service; or the Food Safety and Inspection Service and a State or
cooperator to carry out agricultural marketing programs, to carry out
programs to protect the nation's animal and plant resources, or to carry
out educational programs or special studies to improve the safety of the
nation's food supply.
Sec. 714. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided,
[[Page 117 STAT. 40]]
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. <<NOTE: Notifications. Deadlines.>> (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
[[Page 117 STAT. 41]]
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, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
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. <<NOTE: Michigan.>> 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
[[Page 117 STAT. 42]]
Development office unless or until cost effectiveness and enhancement of
program delivery have been determined.
Sec. 725. <<NOTE: HIV/AIDS.>> 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, $3,000,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, as
authorized by section 4404 of Public Law 107-171 (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. Section 375(e)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
``$26,000,000'' and inserting ``$26,499,000''.
Sec. 729. <<NOTE: State listing. Loans. Grants.>> Notwithstanding
any other provision of law, the City of Coachella, California; the City
of Dunkirk, New York; the City of Starkville, Mississippi; the City of
Shawnee, Oklahoma; and the City of Berlin, New Hampshire, shall be
eligible for loans and grants provided through the Rural Community
Advancement Program.
Sec. 730. <<NOTE: State listing.>> Notwithstanding any other
provision of law, the Secretary shall consider the Cities of Hollister,
Salinas, and Watsonville, California; the City of Caldwell, Idaho; the
City of Casa Grande, Arizona; the City of Aberdeen, South Dakota; and
the City of Vicksburg, Mississippi, as meeting the requirements of a
rural area in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
Sec. 731. <<NOTE: Illinois.>> Notwithstanding any other provision of
law, the Natural Resources Conservation Service shall provide financial
and technical assistance to the DuPage County, Illinois, Waynewood
Drainage Improvement Project, from funds available for the Watershed and
Flood Prevention Operations program, not to exceed $1,600,000.
Sec. 732. Notwithstanding any other provision of law, from the funds
appropriated to the Rural Utilities Service by this Act, any current
Rural Utilities Service borrower within 100 miles of
[[Page 117 STAT. 43]]
New York City shall be eligible for additional financing, refinancing,
collateral flexibility, and deferrals on an expedited basis without
regard to population limitations for any financially feasible
telecommunications, energy, or water project that assists endeavors
related to the rehabilitation, prevention, relocation, site preparation,
or relief efforts resulting from the terrorist events of September 11,
2001.
Sec. 733. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 734. <<NOTE: Missouri.>> 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. 735. 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. 736. <<NOTE: Illinois.>> 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. 737. 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. 738. <<NOTE: West Virginia.>> 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. 739. Agencies and offices of the Department of Agriculture may
utilize any unobligated salaries and expenses funds to reimburse the
Office of the General Counsel for salaries and expenses of personnel,
and for other related expenses, incurred in representing such agencies
and offices in the resolution of complaints by employees or applicants
for employment, and in cases and other matters pending before the Equal
Employment Opportunity Commission, the Federal Labor Relations
Authority, or the Merit Systems Protection Board with the prior approval
of the Committees on Appropriations of both Houses of Congress.
Sec. 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 14(h)(1) of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1012(h)(1)).
Sec. 741. None of the funds appropriated or made available by this
Act, or any other Act, may be used to pay the salaries
[[Page 117 STAT. 44]]
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. 742. 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. 743. 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 (7 U.S.C. 8108) that exceed 77
percent of the payment that would otherwise be paid to eligible
producers.
Sec. 744. 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 and the Matanuska
River erosion control project in Alaska.
Sec. 745. 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.--
<<NOTE: President. Contracts.>> 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. 746. 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. 747. 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. 748. 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. 749. Section 307 of Title III--Denali Commission of Division
C--Other Matters of Public Law 105-277, as amended, <<NOTE: 42 USC 3121
note.>> 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 which shall remain available until
expended to the Denali Commission to address deficiencies in solid waste
disposal sites which threaten to contaminate rural drinking water
supplies.''.
[[Page 117 STAT. 45]]
Sec. 750. 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 heading ``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. 751. 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. 752. <<NOTE: John Ogonowski.>> 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. <<NOTE: Puerto Rico.>> 755. Notwithstanding any other provision
of law, the Municipality of Carolina, Puerto Rico, shall be eligible for
grants and loans administered by the Rural Utilities Service.
Sec. 756. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the provisions of section 7404 of Public Law 107-171.
Sec. 757. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have statutory
authority to purchase interest bearing investments outside of Treasury,
are not required to establish obligations and outlays for those
investments, provided those investments are insured by FDIC or are
collateralized at the Federal Reserve with securities approved by the
Federal Reserve, operating under the guidelines of the United States
Treasury.
Sec. 758. 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 $10,000,000 for costs associated with the distribution of
commodities.
Sec. 759. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to enroll in excess of 245,833 acres in the calendar year 2003 wetlands
reserve program as authorized by 16 U.S.C. 3837.
Sec. 760. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives
[[Page 117 STAT. 46]]
program authorized by chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of
$695,000,000.
Sec. 761. 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. 762. In addition to amounts appropriated by this Act under the
heading ``Public Law 480 Title II Grants'', there is appropriated
$250,000,000 for assistance for emergency relief activities: Provided,
That the amount appropriated under this section shall remain available
through September 30, 2004.
Sec. 763. (a) 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) 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;
[[Page 117 STAT. 47]]
``(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) Section 1204 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7934) is amended--
(1) in subsection (a), by striking ``and extra long staple
cotton'' and inserting ``extra long staple cotton, and
confectionery and each other kind of sunflower seed (other than
oil sunflower seed)'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
``(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
``(2) the repayment rate established for oil sunflower seed.
``(g) Quality Grades for Dry Peas, Lentils, and Small Chickpeas.--
The loan repayment rate for dry peas, lentils, and small chickpeas shall
be based on the quality grades for the applicable commodity specified in
section 1202(d).''.
(d) <<NOTE: Applicability. 7 USC 7901 note.>> 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. 764. <<NOTE: Grants. University of Vermont.>> 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 shall 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. 765. (a) 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) <<NOTE: Effective date. Termination date.>> 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) <<NOTE: 7 USC 1314e note.>> Regulations.--
(1) The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this section and the
amendments made by this section.
[[Page 117 STAT. 48]]
(2) 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) In carrying out this subsection, the Secretary shall use
the authority provided under section 808 of title 5, United
States Code.
Sec. 766. 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. 767. <<NOTE: 7 USC 7911 note.>> (a) Notwithstanding any other
provision of law, for purposes of administering sections 1101 and 1102
of Public Law 107-171, acreage planted to, or prevented from being
planted to, popcorn shall be considered as acreage planted to, or
prevented from being planted to, corn: Provided, That if a farm program
payment yield for corn is otherwise established for a farm under such
section 1102, the same yield shall be used for the acreage on the farm
planted to, or prevented from being planted to, popcorn: Provided
further, That with respect to all other farms, the farm program payment
yield for such popcorn acreage shall be established by the Secretary on
a fair and equitable basis to reflect the farm program payment yields
for corn on similar farms in the area.
(b) <<NOTE: Effective date.>> This section shall take effect on
October 1, 2003.
Sec. 768. Of the funds appropriated for fiscal year 2002 and prior
years for grants and contracts to carry out section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c(b)(1)(A)), $11,000,000 is hereby
rescinded.
Sec. 769. Notwithstanding any other provision of this Act, the
$4,696,000,000 provided for the Special Supplemental Nutrition Program
for Women, Infants, and Children (WIC) shall be exempt from the across-
the-board rescission under section 601 of division N.
Sec. 770. <<NOTE: Effective date.>> During the 180-day period
beginning on the date of enactment of this Act, none of the funds made
available by this Act or any other Act shall be available to the
Secretary of Agriculture to pay the salaries of any personnel--
[[Page 117 STAT. 49]]
(1) to amend the terms of a licensing agreement for a grain
warehouse (excluding rice) under the United States Warehouse Act
(7 U.S.C. 241 et seq.); or
(2) to issue a new license for a grain warehouse (excluding
rice) under that Act unless--
(A) the warehouse does not hold (as of the date of
enactment of this Act) a Federal or State license for
the operation of the warehouse; and
(B) the licensing agreement accompanying the new
license conforms to the licensing requirements of the
Secretary in effect on January 1, 2003.
Sec. 771. None of the funds made available in this Act may be used
to require that a farm satisfy section 2110(c)(1) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6509(c)(1)) in order to be certified
under such Act as an organic farm with respect to the livestock produced
on the farm unless the report prepared by the Secretary of Agriculture
pursuant to the recommendations contained in the joint explanatory
statement of the Managers on the part of the House of Representatives
and the Senate to accompany Public Law 107-171 (House Conference Report
107-424, pages 672-673) confirms the commercial availability of
organically produced feed, at not more than twice the cost of
conventionally produced feed, to meet current market demands.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2003''.
DIVISION <<NOTE: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2003.>> B--COMMERCE,
JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS,
2003
Joint Resolution
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2003, and for other purposes, namely:
TITLE <<NOTE: Department of Justice Appropriations Act, 2003.>> I--
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $100,579,000, 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 $10,172,000 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 $3,464,000
shall be expended for the Office of Legislative Affairs: Provided
further, That not to exceed 15 permanent positions, 20 full-time
equivalent workyears and
[[Page 117 STAT. 50]]
$1,875,000 shall be expended for the Office of Public Affairs: Provided
further, That the latter two aforementioned offices may utilize non-
reimbursable details of career employees within the caps described in
the preceding two provisos: Provided further, <<NOTE: Guidelines.>> 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.
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, to remain available until
September 30, 2004.
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 September 30, 2004.
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, $15,942,000, to remain available until September 30,
2004.
narrowband communications
For the costs of conversion to narrowband communications, including
the cost for operation and maintenance of Land Mobile Radio legacy
systems, $81,354,000, to remain available until September 30, 2004:
Provided, That 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
further, That any transfers made under this proviso shall be subject to
section 605 of this Act.
[[Page 117 STAT. 51]]
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$1,000,000, to remain available until expended, to reimburse any
Department of Justice organization for: (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; and (2) the costs of providing support
to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States: Provided
further, <<NOTE: Notification.>> That funds provided under this
paragraph shall be available 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.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $191,535,000.
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,
$1,366,591,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and Alien
Transportation System and for overseeing 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: Provided further, That any unobligated balances
available in prior years from the funds appropriated under the heading
``Federal Prisoner Detention'' shall be transferred to and merged with
the appropriation under the heading ``Detention Trustee'' and shall be
available until expended: <<NOTE: Plan. Deadline.>> Provided further,
That the Trustee, working in consultation with the Bureau of Prisons,
shall submit a plan for collecting information related to evaluating the
health and safety of Federal prisoners in non-Federal institutions no
later than 180 days following the enactment of this Act.
office of inspector general
For necessary expenses of the Office of Inspector General,
$57,937,000; 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.
[[Page 117 STAT. 52]]
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $10,488,000.
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, $611,325,000, 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.
[[Page 117 STAT. 53]]
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,503,767,000; 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 10,113 positions
and 10,316 full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys: Provided
further, That the <<NOTE: Applicability.>> 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 <<NOTE: South Carolina.>> total amount appropriated, $5,000,000
shall be for Project Seahawk in Charleston, South Carolina.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $155,736,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $155,736,000 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, including services as authorized by 5
U.S.C. 3109, $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, $680,474,000; of which $15,800,000 shall be
available for 106 supervisory deputy marshal positions for courthouse
security; of which not to exceed $6,000 shall be available
[[Page 117 STAT. 54]]
for official reception and representation expenses; of which not to
exceed $4,000,000 shall be available for development, implementation,
maintenance and support, and training for an automated prisoner
information system and shall remain available until expended; and
$12,061,000 shall be available for the costs of courthouse security
equipment, including furnishings, relocations, and telephone systems and
cabling, and shall remain available until expended: Provided, That, in
addition to reimbursable full-time equivalent workyears available to the
United States Marshals Service, not to exceed 4,158 positions and 4,023
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals Service.
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,
$15,126,000, 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, for per diems in lieu of
subsistence, as authorized by law, including advances, and for United
States Marshals Service Witness Security program expenses, $175,645,000,
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; of which not to exceed $19,500,000 may be made available for
the United States Marshals Service Witness Security program; 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 and, in addition, up to $1,000,000 of funds made available to
the Department of Justice in this Act may be transferred by the Attorney
General to this account: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, 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
[[Page 117 STAT. 55]]
605 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $21,901,000, 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, $372,131,000, 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, $4,234,587,000; of which not to
exceed $65,000,000 for automated data processing and telecommunications
and technical investigative equipment, not to exceed $10,000,000 for
facilities buildout, 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 less than $153,812,000 shall only be for Joint
Terrorism Task Forces; 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 $50,000 shall be available for official
reception and representation expenses: Provided further, That, in
addition to reimbursable full-time equivalent workyears
[[Page 117 STAT. 56]]
available to the Federal Bureau of Investigation, not to exceed 26,447
positions and 25,579 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the Federal Bureau of
Investigation.
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.
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,
$1,560,919,000; of which not to exceed $33,000,000 for permanent change
of station shall remain available until September 30, 2004; of which not
to exceed $1,800,000 for research shall remain available until expended,
and of which not to exceed $4,000,000 for purchase of evidence and
payments for information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment, and not to
exceed $2,000,000 for laboratory equipment, $4,000,000 for technical
equipment, and $2,000,000 for aircraft replacement retrofit and parts,
shall remain available until September 30, 2004; of which not to exceed
$50,000 shall be available for official reception and representation
expenses: Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement Administration,
not to exceed 7,815 positions and 7,661 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, as
follows:
[[Page 117 STAT. 57]]
immigration enforcement and border affairs
For salaries and expenses for the Border Patrol, detention and
removals, intelligence, investigations, and inspections, including not
to exceed $50,000 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; purchase for
police-type use (not to exceed 4,565 passenger motor vehicles, of which
3,450 are 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; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service Buffalo Detention Facility,
$2,880,819,000; of which not to exceed $5,000,000 is for payments or
advances arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to immigration; of which not to exceed $5,000,000 is
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled illegal aliens;
of which not to exceed $245,236,000 is for information technology
infrastructure: Provided, That uniforms may be purchased without regard
to the general purchase price limitation for the current fiscal year:
Provided further, That none of the funds appropriated in this Act for
the Immigration and Naturalization Service's Entry Exit System may be
obligated until the Immigration and Naturalization Service 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.
immigration services
For salaries and expenses for immigration services, $709,000,000:
Provided further, That not to exceed 40 permanent positions and 40 full-
time equivalent workyears and $4,300,000 shall be expended for the
Offices of Legislative Affairs and Public Affairs: Provided further,
That unencumbered positions in the aforementioned offices after the date
of enactment of this Act shall be filled only by personnel details,
temporary transfers of personnel on either a reimbursable or non-
reimbursable basis, or any other formal or informal transfer or
reimbursement of personnel or funds on either a temporary or long-term
basis up to 10 full-time equivalent workyears: Provided further, That
the number of positions filled through non-career appointment at the
Immigration and Naturalization Service, for which funding is provided in
this Act
[[Page 117 STAT. 58]]
or is otherwise made available to the Immigration and Naturalization
Service, shall not exceed six permanent positions and six full-time
equivalent workyears: Provided further, That funds may be used, without
limitation, for equipping, maintaining, and making improvements to the
infrastructure and the purchase of vehicles for police-type use within
the limits of the Immigration Enforcement and Border Affairs
appropriation.
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, $258,637,000, to remain
available until expended: Provided, That no funds shall be available for
the site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector: Provided further, That the Border
Patrol shall relocate its checkpoints in the Tucson sector at least once
every seven days in a manner designed to prevent persons subject to
inspection from predicting the location of any such checkpoint.
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, $4,071,251,000, of which $1,463,997,000
shall be for Inmate Care and Programs, $1,880,763,000 shall be for
Institution Security and Administration, $571,077,000 shall be for
Contract Confinement, and $155,414,000 shall be for Management and
Administration: Provided, <<NOTE: 42 USC 250a.>> 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, of the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security in the
United States of Cuban and Haitian entrants: 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
[[Page 117 STAT. 59]]
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.
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,
$399,227,000, 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: Provided
further, <<NOTE: Notification.>> That not to exceed 10 percent of the
funds appropriated to ``Buildings and Facilities'' in this or any other
Act may be transferred to ``Salaries and Expenses'', Federal Prison
System, upon notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate in
compliance with provisions set forth in section 605 of this Act.
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.
[[Page 117 STAT. 60]]
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, 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, $201,291,000, to
remain available until expended: Provided, That all balances under this
heading for counterterrorism programs may be transferred to and merged
with the appropriation for ``Domestic Preparedness''.
office for domestic preparedness
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, including training,
exercises and equipment for fire, emergency medical, hazmat, law
enforcement, and other first responders to prevent and respond to acts
of terrorism, including incidents involving weapons of mass destruction
or chemical or biological weapons, $1,000,000,000, 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''); the Victims of Child Abuse Act of 1990, as
amended (``the 1990 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) and other programs;
$2,065,269,000 (including amounts for administrative costs, which shall
be transferred to and merged with the ``Justice Assistance'' account):
Provided, That $17,667,000 shall be derived from prior year unobligated
balances from Local Law Enforcement Block Grants, and $3,323,000 shall
be derived from prior year unobligated balances from residential
substance abuse treatment for State prisoners: Provided further, That
funding provided under this heading shall 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, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well
as a ``State'', for the purposes set forth in paragraphs (A),
(B), (D), (F), and (I) of section 101(a)(2) of H.R. 728, and for
establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That no funds provided under
this heading may be used as matching funds for any other Federal
grant program, of which:
[[Page 117 STAT. 61]]
(A) $80,000,000 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; and
(C) $3,000,000 for Citizen Corps programs
administered by the Department of Justice;
(2) $250,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act, as amended;
(3) $5,000,000 for the Cooperative Agreement Program;
(4) $18,000,000 for assistance to Indian tribes, of which:
(A) $5,000,000 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;
(5) $650,914,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section 511
of said Act, of which $150,914,000 shall be for discretionary
grants under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs;
(6) $390,165,000 for programs to address violence against
women, of which:
(A) $11,975,000 shall be for the Court Appointed
Special Advocate Program, as authorized by section 218
of the 1990 Act;
(B) $2,296,000 shall be for Child Abuse Training
Programs for Judicial Personnel and Practitioners, as
authorized by section 224 of the 1990 Act;
(C) $998,000 shall be for grants for televised
testimony, as authorized by section 1001(a)(7) of the
1968 Act;
(D) $184,537,000 shall be for Grants to Combat
Violence Against Women as authorized by section
1001(a)(18) of the 1968 Act, of which:
(i) $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;
(ii) $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; and
(iii) $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;
(E) $64,925,000 shall be for Grants to Encourage
Arrest Policies as authorized by section 1001(a)(19) of
the 1968 Act;
(F) $39,945,000 shall be for Rural Domestic Violence
and Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act;
[[Page 117 STAT. 62]]
(G) $4,989,000 shall be for training programs as
authorized by section 40152(c) of the 1994 Act, and for
local demonstration projects;
(H) $3,000,000 shall be 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;
(I) $10,000,000 shall be for grants to reduce
Violent Crimes Against Women on Campus, as authorized by
section 1108(a) of Public Law 106-386;
(J) $40,000,000 shall be for Legal Assistance for
Victims, as authorized by section 1201 of Public Law
106-386;
(K) $5,000,000 shall be for enhancing protection for
older and disabled women from domestic violence and
sexual assault as authorized by section 40801 of the
1994 Act;
(L) $15,000,000 shall be for the Safe Havens for
Children Pilot Program as authorized by section 1301 of
Public Law 106-386; and
(M) $7,500,000 shall be for Education and Training
to end violence against and abuse of women with
disabilities, as authorized by section 1402 of Public
Law 106-386;
(7) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386;
(8) $65,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act;
(9) $898,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(10) $45,000,000 for Drug Courts, as authorized by Part EE
of title I of the 1968 Act;
(11) $1,497,000 for Law Enforcement Family Support Programs,
as authorized by section 1001(a)(21) of the 1968 Act;
(12) $1,995,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(13) $190,000,000 for Juvenile Accountability Incentive
Block Grants, of which $25,000,000 shall be available for
grants, contracts, and other assistance under the Project
ChildSafe Initiative, except that such funds shall be subject to
the same terms and conditions as set forth in the provisions
under this heading for this program in Public Law 105-119, but
all references in such provisions to 1998 shall be deemed to
refer instead to 2003, and Guam shall be considered a ``State''
for the purposes of title III of H.R. 3, as passed by the House
of Representatives on May 8, 1997;
(14) $1,300,000 for Motor Vehicle Theft Prevention Programs,
as authorized by section 220002(h) of the 1994 Act;
(15) $7,500,000 for a prescription drug monitoring program;
(16) $13,000,000 for implementation of prison rape
prevention and prosecution programs including a statistical
review and analysis of the incidence and effects of prison rape,
the
[[Page 117 STAT. 63]]
establishment of a national clearinghouse for provision of
information and assistance for Federal, State, and local
officials, grants to States, units of local government, prisons,
and prison systems for prison rape prevention and prosecution
efforts, and the development of national standards for enhancing
the detection, prevention, reduction, and punishment of prison
rape; and
(17) $15,000,000 for terrorism prevention and response
training for law enforcement and other responders:
Provided, That funds made available in fiscal year 2003 under subpart 1
of part E of title I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions and for drug testing initiatives: Provided
further, That, if a unit of local government uses any of the funds made
available under this title to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $58,925,000, to remain available until expended, for
inter-governmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies, non-profit
organizations, and agencies of local government engaged in the
investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, <<NOTE: Notification.>> 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), $928,912,000, to remain available
until expended: Provided, 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.).
[[Page 117 STAT. 64]]
Of the amounts provided:
(1) for Public Safety and Community Policing Grants pursuant
to title I of the 1994 Act, $353,238,000 as follows:
$200,000,000 for the hiring of law enforcement officers
including school resource officers to prevent acts of terrorism
and other violent and drug-related crimes, of which up to 30
percent shall be available for overtime expenses; $20,622,000
for training and technical assistance; $25,444,000 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''); $35,000,000
to improve tribal law enforcement including equipment and
training; $57,132,000 for policing initiatives to combat
methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots''; and $15,000,000 for
Police Corps education, training, and service under sections
200101-200113 of the 1994 Act: Provided, That funding agreements
shall include the funding for the outyear program costs of new
recruits;
(2) for crime technology, $400,567,000 as follows:
$189,954,000 for a law enforcement technology program;
$20,000,000 for the COPS Interoperable Communications Technology
Program; $40,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of 1998
(42 U.S.C. 14601); $41,000,000 for DNA analysis and backlog
reduction of which $36,000,000 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.); $40,538,000 for State and local
DNA laboratories as authorized by section 1001(a)(22) of the
1968 Act, and improvements to laboratory general forensic
science capacity and capabilities; and $69,075,000 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, $85,000,000 as follows:
$45,000,000 for a national program to reduce gun violence, and
$40,000,000 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 United States
Attorneys offices;
(4) for grants, training, technical assistance, and other
expenses to support community crime prevention efforts,
$57,107,000 as follows: $10,000,000 for Project Sentry;
$14,934,000 for an offender re-entry program; $15,210,000 for
the Safe Schools Initiative; and $16,963,000 for a police
integrity program; and
(5) not to exceed $33,000,000 for program management and
administration.
[[Page 117 STAT. 65]]
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''), and other juvenile justice programs,
including salaries and expenses in connection therewith to be
transferred to and merged with the appropriations for Justice
Assistance, $264,306,000, 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, $6,832,000 shall be
available for expenses authorized by part A of title II of the Act,
$83,800,000 shall be available for expenses authorized by part B of
title II of the Act, including training and technical assistance to help
small, non-profit organizations with the Federal grants process, and
$89,257,000 shall be available for expenses authorized by part C of
title II of the Act and other juvenile justice programs: 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) $11,974,000 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) $9,978,000 shall be available for expenses
authorized by section 285 of part E of title II of the Act; (4)
$15,965,000 shall be available for expenses authorized by part G of
title II of the Act for juvenile mentoring programs; and (5) $46,500,000
shall be available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs; of which
$12,472,000 shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which $6,500,000 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
[[Page 117 STAT. 66]]
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.
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 $45,000 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. <<NOTE: Abortion.>> None of the funds appropriated by this
title shall be available to pay for an abortion, except where the life
of the mother would be endangered if the fetus were carried to term, or
in the case of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 103. <<NOTE: Abortion.>> None of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 105. 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.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
[[Page 117 STAT. 67]]
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. 107. Section 114 of Public Law 107-77 shall remain in effect
during fiscal year 2003.
Sec. 108. Section 286(e) of the Immigration and Nationality Act (8
U.S.C. 1356(e)) is amended by striking paragraph (3) and replacing it
with the following:
``(3) <<NOTE: Fee.>> The Attorney General shall charge and
collect $3 per individual for the immigration inspection or pre-
inspection of each commercial vessel passenger whose journey
originated in the United States or in any place set forth in
paragraph (1): Provided, That this requirement shall not apply
to immigration inspection at designated ports of entry of
passengers arriving by ferry, or by Great Lakes vessels on the
Great Lakes and connecting waterways when operating on a regular
schedule. For the purposes of this paragraph, the term `ferry'
means a vessel, in other than ocean or coastwise service, having
provisions only for deck passengers and/or vehicles, operating
on a short run on a frequent schedule between two points over
the most direct water route, and offering a public service of a
type normally attributed to a bridge or tunnel.''.
Sec. 109. <<NOTE: Establishment.>> The Director of the Federal
Bureau of Investigation shall appoint a standing advisory panel,
reporting directly to the Director, to study, assess, and advise
periodically on the research, development, and application of existing
and emerging science and technology advances and other topics: Provided,
That the panel shall not be considered to be a Federal advisory
committee for purposes of the Federal Advisory Committee Act.
Sec. 110. Public Law 107-273 is amended--
(1) in section 12222(b), <<NOTE: 42 USC 5781 note.>> 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), <<NOTE: 42 USC 5601 note.>> 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. 111. <<NOTE: Establishment.>> The law enforcement training
facility described in section 8150 of Public Law 107-248 is hereby
established as a permanent training facility.
Sec. 112. <<NOTE: Records. Deadline.>> The Attorney General, in
consultation with the Secretary of Homeland Security, shall provide to
the Committees on Appropriations by March 1, 2003 all National Security
Entry Exit Registration System documents and materials: (1) used in the
creation of the System, including any predecessor programs; (2)
assessing the effectiveness of the System as a tool to enhance national
security; (3) used to determine the scope of the System, 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 System to additional countries, age
groups, women, and persons holding other immigration statuses not
already covered; (5) explaining whether the Department of Justice
consulted with other Federal
[[Page 117 STAT. 68]]
agencies in the development of the System, and if so, all documents and
materials relating to those consultations; (6) concerning policy
directives or guidance issued to officials about implementation of the
System, including the role of the Federal Bureau of Investigation in
conducting national security background checks of registrants; (7)
explaining why certain Immigration and Naturalization Service 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.
This title may be cited as the ``Department of Justice
Appropriations Act, 2003''.
TITLE <<NOTE: Department of Commerce and Related Agencies Appropriations
Act, 2003.>> 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,
$34,999,000, 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, $54,000,000, 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,
[[Page 117 STAT. 69]]
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,
$370,192,000, to remain available until expended, of which $8,000,000 is
to be derived from fees to be retained and used by the International
Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$67,669,000 shall be for Trade Development, $31,204,000 shall be for
Market Access and Compliance, $44,229,000 shall be for the Import
Administration, $202,040,000 shall be for the United States and Foreign
Commercial Service, and $25,050,000 shall be for Executive Direction and
Administration: Provided further, <<NOTE: Applicability.>> 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, $74,653,000, to
remain available until September 30, 2004, of which $7,250,000 shall be
for inspections and other activities related to national security:
Provided, <<NOTE: Applicability.>> 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.
[[Page 117 STAT. 70]]
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, $290,000,000, 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, $183,000,000.
periodic censuses and programs
For necessary expenses related to the 2000 decennial census,
$41,893,000, to remain available until expended: Provided, That, of the
total amount available related to the 2000 decennial census ($41,893,000
in new appropriations and $41,817,000 in deobligated balances from prior
years), $3,461,000 is for Program Development and Management;
$42,651,000 is for Data Content and Products; $4,630,000 is for Field
Data Collection and Support Systems; $12,826,000 is for Automated Data
Processing and Telecommunications Support; $16,333,000 is for Testing
and Evaluation; $2,472,000 is for activities related to Puerto Rico, the
Virgin Islands and Pacific Areas; and $1,337,000 is for Marketing,
Communications and Partnership activities.
[[Page 117 STAT. 71]]
In addition, for expenses related to planning, testing, and
implementing the 2010 decennial census, $146,306,000.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $183,283,000,
to remain available until expended: Provided, <<NOTE: Reports.>> That
regarding engineering and design of a facility at the Suitland Federal
Center, quarterly reports regarding the expenditure of funds and project
planning, design and cost decisions shall be provided by the Bureau, in
cooperation with the General Services Administration, to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That none of the funds provided in this Act or any
other Act under the heading ``Bureau of the Census, Periodic Censuses
and Programs'' shall be used to fund the construction and tenant build-
out costs of a facility at the Suitland Federal Center.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $14,700,000,
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, <<NOTE: 47 USC 903 note.>> 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, $43,556,000, 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.
[[Page 117 STAT. 72]]
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,503,000, 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,
$1,015,229,000, 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
$1,015,229,000, 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.
[[Page 117 STAT. 73]]
SCIENCE AND TECHNOLOGY
Technology Administration
salaries and expenses
For necessary expenses for the Under Secretary for Technology/Office
of Technology Policy, $9,886,000.
National Institute of Standards and Technology
Scientific and Technical Research and Services
For necessary expenses of the National Institute of Standards and
Technology, $359,411,000, 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 <<NOTE: 15 USC
278k note.>> 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,
$180,000,000, 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 and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$66,100,000, 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, $2,313,519,000, to remain available until September 30,
2004: 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
[[Page 117 STAT. 74]]
the salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That, in addition,
$65,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That 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 5 percent or less than 1 percent
of the additional funds: Provided further, That, of the $2,395,519,000
provided for in direct obligations under this heading (of which
$2,313,519,000 is appropriated from the General Fund, $65,000,000 is
provided by transfer, and $17,000,000 is derived from deobligations from
prior years), $417,933,000 shall be for the National Ocean Service,
$580,066,000 shall be for the National Marine Fisheries Service,
$374,740,000 shall be for Oceanic and Atmospheric Research, $698,767,000
shall be for the National Weather Service, $150,616,000 shall be for the
National Environmental Satellite, Data, and Information Service, and
$173,397,000 shall be for Program Support: Provided further, That, of
the amount provided under this heading, $273,022,000 shall be for the
conservation activities defined in section 250(c)(4)(K) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: 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 so
that total National Oceanic and Atmospheric Administration
administrative expenses shall not exceed $243,000,000: 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: Provided further, <<NOTE: Government
organization. Deadline.>> That the Secretary of Commerce will designate
a National Marine Fisheries Service Regional Office for the Pacific Area
within 60 days of enactment of this Act: Provided further, That the
existing National Marine Fisheries Service Southwest Region and
Fisheries Science Center and Northwest Region and Fisheries Science
Center shall not be merged or reorganized to form the new National
Marine Fisheries Service Pacific Area Regional Office, that the current
structure, organization, function, and funding of the Southwest and
Northwest Centers will not be changed except for funds that are already
dedicated to the Hawaiian Islands, and that each regional organization
will have the lead responsibility for its own programs: Provided
further, That the Secretary of Commerce may enter into cooperative
agreements with the Joint and Cooperative Institutes as designated by
the Secretary to use the personnel, services, or facilities of such
organizations for research, education, training, and outreach.
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.
[[Page 117 STAT. 75]]
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, $759,030,000, to remain available until
March 1, 2006, except for funds appropriated for the National Marine
Fisheries Service Honolulu Laboratory and for the National Environmental
Satellites, Data, and Information Service, which shall remain available
until expended: 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 of
the amount provided under this heading for expenses necessary to carry
out conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
including funds for the Coastal and Estuarine Land Conservation Program,
$76,179,000, to remain available until expended: Provided
further, <<NOTE: 16 USC 1456d note.>> 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, $90,000,000:
Provided, That this amount shall be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
In addition, for a final payment pursuant to the 1999 Pacific Salmon
Treaty Agreement, $40,000,000, of which $25,000,000 shall be deposited
in the Northern Boundary and Transboundary Rivers Restoration and
Enhancement Fund, and of which $15,000,000 shall be deposited in the
Southern Boundary Restoration and Enhancement Fund: Provided, That this
amount shall be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
[[Page 117 STAT. 76]]
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $1,000, 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), the American Fisheries Promotion Act
(Public Law 96-561) and the International Dolphin Conservation Program
Act (Public Law 105-42), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$1,000, 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 $59,000,000 for Traditional
direct loans, of which not less than $40,000,000 may be used for direct
loans to the United States distant water tuna fleet: 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, $44,954,000.
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.
[[Page 117 STAT. 77]]
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 by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
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: Provided
further, <<NOTE: Notification.>> That the Secretary shall notify the
Committees on Appropriations at least 15 days in advance of the
acquisition or disposal of any capital asset (including land,
structures, and equipment) not specifically provided for in this or any
other Commerce, Justice, State Appropriations Act.
Sec. 205. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out 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. 206. <<NOTE: 33 USC 883l.>> 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. 207. 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
[[Page 117 STAT. 78]]
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, <<NOTE: 31 USC 501
note.>> 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, <<NOTE: Deadline.>> 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: <<NOTE: Termination date.>> Provided further, That such
franchise fund pilot program shall terminate pursuant to section 403(f)
of Public Law 103-356.
Sec. 208. 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 Manse.
Sec. 209. <<NOTE: Alaska. Grants.>> Of the amount available from the
fund entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', $10,000,000 shall be provided to
develop an Alaska seafood marketing
program. <<NOTE: Establishment.>> 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. <<NOTE: Reports.>> The Board shall submit an annual report to
the Secretary detailing the expenditures of the board.
Sec. 210. <<NOTE: 22 USC 2122 note.>> (a) The Secretary of Commerce
is authorized to award grants and make direct lump sum payments in
support of an international advertising and promotional campaign
developed in consultation with the private sector to encourage
individuals to travel to the United States consisting of radio,
television, and print advertising and marketing programs.
(b) <<NOTE: Establishment.>> 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.
[[Page 117 STAT. 79]]
(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. <<NOTE: Ships and shipping.>> 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 1 or both ships under United States flag with a
coastwise endorsement, and notwithstanding any other provision of law,
and not later than 2 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 United
States flag with a coastwise endorsement 1 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 transporting passengers between
or among the islands of Hawaii and shall not transport passengers in
revenue service to ports in Alaska, the Gulf of Mexico, or the Caribbean
Sea, except as part of a voyage to or from a shipyard for ship
construction, repair, maintenance, or alteration work, (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
[[Page 117 STAT. 80]]
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. <<NOTE: Fish and fishing. Deadline. Federal Register,
publication. Applicability. State listing.>> (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.
[[Page 117 STAT. 81]]
(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
[[Page 117 STAT. 82]]
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.
Sec. 213. (a) The National Oceanic and Atmospheric Administration is
authorized to enter into a lease arrangement whereby the National
Oceanic and Atmospheric Administration will relocate the National
Weather Service Forecasting Office in Galveston County, League City,
Texas to a Galveston County facility and, in exchange, Galveston County
may use the existing National Oceanic and Atmospheric Administration
National Weather Service Forecasting Office.
(b) Neither the National Oceanic and Atmospheric Administration
National Weather Service nor Galveston County will charge the other rent
for use of the space and each will be responsible for the operation,
maintenance and renovation costs it incurs.
Sec. 214. <<NOTE: 2 USC 900 note.>> (a) Hereafter, habitat
conservation activities, enforcement and surveillance--cooperative
enforcement and vessel monitoring, stock assessments--data collection,
and highly migratory shark fishery research under the heading,
``National Oceanic and Atmospheric Administration, Operations, Research
and Facilities'', shall be considered to be within the ``Coastal
Assistance sub-category'' in section 250(c)(4)(K) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
(b) For fiscal year 2004 and thereafter, response and restoration
activities, Cooperative Research, Protected Species activities,
Endangered Species Act--Marine Mammals, Sea Turtles and Other Species,
Endangered Species Act--Right Whales, Marine Mammal Protection, and Sea
Grant (except for the fellowship program) under the heading, ``National
Oceanic and Atmospheric Administration, Operations, Research, and
Facilities'', shall be considered to be within the ``Coastal Assistance
sub-category'' in section 250(c)(4)(K) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
(c) All references to outlays in title VIII of Public Law 106-291
are repealed.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2003''.
TITLE <<NOTE: Judiciary Appropriations Act, 2003.>> III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses;
[[Page 117 STAT. 83]]
and for miscellaneous expenses, to be expended as the Chief Justice may
approve, $45,743,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect as
authorized by law, $41,626,000, which shall 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, as authorized by
law, $20,313,000.
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, as authorized by law, $13,687,000.
Courts of Appeals, District Courts, and Other Judicial Services
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 all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,800,000,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
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.
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 (18 U.S.C. 3006A(e)); 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
[[Page 117 STAT. 84]]
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 by 28 U.S.C.
1875(d); and for necessary training and general administrative expenses,
$538,461,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $54,636,000, to remain available until
expended: 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 as authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $268,400,000, of which not
to exceed $10,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals Service,
which shall be responsible for administering the Judicial Facility
Security Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States Courts
and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $63,500,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $20,856,000; of which $1,800,000 shall remain
available through September 30, 2004, to provide
[[Page 117 STAT. 85]]
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
by 28 U.S.C. 377(o), $27,700,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $5,200,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $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, $12,090,000, 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,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', 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, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial 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.
This title may be cited as the ``Judiciary Appropriations Act,
2003''.
[[Page 117 STAT. 86]]
TITLE <<NOTE: Department of State and Related Agency Appropriations Act,
2003.>> 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, $3,269,258,000: 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,
$292,693,000 shall be available only for public diplomacy international
information programs: Provided further, <<NOTE: Sex trafficking.>> That,
of the amount made available under this heading, $500,000 shall be
available only for grants to the participating organizations in the War
Against Trafficking Alliance for activities and services related to
preparation, execution and follow-up for an international conference on
sex trafficking: Provided further, <<NOTE: Establishment.>> That the
Secretary shall appoint an advisory panel, reporting directly to the
Secretary, to assess policy goals and program priorities with regard to
United States relations with the countries of Sub-Saharan Africa and to
advise the Secretary of any related findings and recommendations:
Provided further, That this panel shall not be considered to be a
Federal advisory committee for purposes of the Federal Advisory
Committee Act (5 U.S.C. App): Provided further, That funds available
under this heading may be available for a United States Government
interagency task force to examine, coordinate and oversee United States
participation in the United Nations headquarters renovation project:
Provided further, <<NOTE: China. Notification.>> That no funds may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial satellites and
satellite components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the House of
Representatives and the Senate are notified of such proposed action.
In addition, not to exceed $1,343,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act, as amended; in addition, as authorized by
section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational
[[Page 117 STAT. 87]]
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,
$553,000,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $183,311,000,
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,
$29,264,000, 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, $245,306,000, 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 as authorized.
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,
$11,000,000, 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,
$508,500,000, 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.
[[Page 117 STAT. 88]]
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $755,000,000, 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, $18,450,000.
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 <<NOTE: 22 USC 269a note.>> 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,
[[Page 117 STAT. 89]]
of which 15 percent shall remain available until September 30, 2004:
Provided, <<NOTE: Notification.>> 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, <<NOTE: Certification.>> 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 <<NOTE: 22 USC 269a note.>> 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, $25,482,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,450,000, 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,
$9,472,000, of which not to exceed $9,000
[[Page 117 STAT. 90]]
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, $17,100,000: 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, $10,444,000, to remain
available until expended, as authorized.
eisenhower exchange fellowship program
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, of which $2,500,000 shall 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 117 STAT. 91]]
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,
$42,000,000, to remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, $468,898,000, of which not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes.
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, $12,740,000, to remain available until expended, as
authorized.
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:
[[Page 117 STAT. 92]]
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. 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. 405. <<NOTE: Deadline. Real property. South Carolina.>> (a)
Within 90 days of enactment of this Act, the Secretary of the Navy shall
transfer, without compensation, 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.
(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.
Sec. 406. <<NOTE: Establishment. 22 USC 7103 note.>> (a) The
Interagency Task Force to Monitor and Combat Trafficking shall establish
a Senior Policy Operating Group.
(b) The Operating Group shall consist of the senior officials
designated as representatives of the appointed members of the
President's Interagency Task Force to Monitor and Combat Trafficking in
Persons (established under Executive Order No. 13257 of February 13,
2002).
(c) The Operating Group shall coordinate agency activities regarding
policies (including grants and grant policies) involving the
international trafficking in persons and the implementation of this
division.
[[Page 117 STAT. 93]]
(d) The Operating Group shall fully share information regarding
agency plans, before and after final agency decisions are made, on all
matters regarding grants, grant policies, and other significant actions
regarding the international trafficking of persons and the
implementation of this division.
(e) The Operating Group shall be chaired by the Director of the
Office to Monitor and Combat Trafficking of the Department of State.
(f) The Operating Group shall meet on a regular basis at the call of
the chair.
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
authorized by law, $92,696,000, of which $13,000,000 shall remain
available until expended for capital improvements at the United States
Merchant Marine Academy.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$11,161,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,126,000, 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 appropriation Act.
[[Page 117 STAT. 94]]
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, $499,000, as authorized by section 1303 of Public Law
99-83.
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 by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$2,884,000, to remain available until expended.
Commission on Ocean Policy
salaries and expenses
For the necessary expenses of the Commission on Ocean Policy,
$2,000,000, to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,582,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
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, as authorized, $1,380,000, including not
more than $3,000 for the purpose of official representation, to remain
available until expended.
[[Page 117 STAT. 95]]
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $33,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$308,822,000: 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, $271,000,000,
of which not to exceed $300,000 shall remain available until September
30, 2004, for research and policy studies: Provided, That $269,000,000
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 so as to result in a final fiscal
year 2003 appropriation estimated at $2,000,000: Provided further, That
any offsetting collections received in excess of $269,000,000 in fiscal
year 2003 shall remain available until expended, but shall not be
available for obligation until October 1, 2003.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $16,700,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[[Page 117 STAT. 96]]
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, $176,608,000, 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 $168,100,000 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 $18,100,000, 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 $8,508,000: 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,
$338,848,000, of which $9,500,000 is to provide supplemental funding for
basic field programs, and related administration, for service areas
(including a merged or reconfigured service area) that will receive 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 $310,048,000 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,
[[Page 117 STAT. 97]]
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, and except that section
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not
apply to the use of the $9,500,000 to address loss of funding due to
Census-based reallocations.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission, $3,050,000,
of which $500,000 shall remain available until September 30, 2004.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business Development
Corporation as authorized under section 33(a) of the Small Business Act,
as amended, $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, $716,350,000; 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
$716,350,000 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
[[Page 117 STAT. 98]]
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 by Public Law 105-135, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $314,457,000: 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 $89,000,000 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 in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $12,422,000.
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 by 15 U.S.C. 631 note, 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 for general business loans authorized under section 7(a) of
the Small Business Act, as amended, shall not exceed $10,000,000,000
without prior notification of the Committees on Appropriations of the
House of Representatives and Senate in accordance with section 605 of
this 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, $73,140,000, to remain available until
expended: Provided, That such costs, including the cost of
[[Page 117 STAT. 99]]
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, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572; 106 Stat. 4515-4516), $3,000,000: 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. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid,
[[Page 117 STAT. 100]]
the remainder of the Act and the application of each provision to
persons or circumstances other than those as to which it is held invalid
shall not be affected thereby.
Sec. 605. <<NOTE: Notifications.>> (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. (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
[[Page 117 STAT. 101]]
to the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. <<NOTE: Religious harassment.>> None of the funds made
available in this Act may be used to implement, administer, or enforce
any guidelines of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed guidelines
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such a
recommendation.
Sec. 610. (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 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) <<NOTE: Applicability.>> The requirements in subparagraphs (A)
and (B) of section 609 of that Act shall continue to apply during fiscal
year 2003.
Sec. 611. 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. 612. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out 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. 613. 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
[[Page 117 STAT. 102]]
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. 614. <<NOTE: Tobacco and tobacco products.>> 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. 615. (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 <<NOTE: Applicability.>> requirements in subsections (b) and
(c) of section 616 of that Act shall continue to apply during fiscal
year 2003.
Sec. 616. 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. 617. <<NOTE: 42 USC 10601 note.>> 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 $600,000,000 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. 618. <<NOTE: Discrimination.>> None of the funds made available
to the Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is provided from
those funds, or of the parents or legal guardians of such students.
Sec. 619. 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:
Provided, <<NOTE: Notification.>> That the Attorney General shall
notify the Secretary of State in every instance when a foreign country
denies or unreasonably delays accepting an alien who is a citizen,
subject, national, or resident of that country after the Attorney
General asks whether the Government will accept the alien under section
243 of the Immigration and Nationality Act.
Sec. 620. <<NOTE: Prisons and prisoners.>> 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
[[Page 117 STAT. 103]]
certified by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
Sec. 621. <<NOTE: Prisons and prisoners.>> (a) Hereafter, none of
the funds appropriated by this 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.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 622. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 623. <<NOTE: 5 USC 6120 note.>> Of the funds appropriated in
this Act for the Departments of Commerce, Justice, and State, the
Judiciary, and the Small Business Administration, $100,000 shall be
available to each Department or agency only to implement telecommuting
programs: Provided, <<NOTE: Deadline. Reports.>> That, 6 months after
the date of enactment of this Act and every 6 months thereafter, each
Department or agency shall provide a report to the Committees on
Appropriations on the status of telecommuting programs, including the
number of Federal employees eligible for, and participating in, such
programs: Provided further, That each Department or agency shall
designate a ``Telework Coordinator'' to be responsible for overseeing
the implementation of telecommuting programs and serve as a point of
contact on such programs for the Committees on Appropriations.
Sec. 624. The paragraph under the heading ``Small Business
Administration--Business Loans Program Account'' in chapter 2 of
division B of Public Law 107-117 (115 Stat. 2297) is amended by
inserting ``or section 7(a) of the Small Business Act (15 U.S.C.
636(a))'' after ``September 11, 2001''.
Sec. 625. For additional amounts under the heading ``Small Business
Administration, Salaries and Expenses'', $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;
$3,175,000 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 Providence, Rhode Island
Center for Women and Enterprise; $500,000 shall be for the Ogontz
Revitalization Corporation; $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; $700,000
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; $200,000 shall be for the Program for International
Education and Training; $2,000,000 shall be available for a grant to the
St. Louis Enterprise Center in
[[Page 117 STAT. 104]]
St. Louis County, Missouri to expand programs, operations and facilities
to assist in business incubation; $400,000 shall be available for a
grant for the Promesa Enterprises to provide back office services and
infrastructure support to community-based organizations in the Bronx,
New York; $700,000 shall be available for a grant to the New York City
Department of Parks, working in conjunction with Youth Ministries for
Peace and Justice, for developing a facility in New York City's
Starlight Park; $300,000 shall be available for a grant to the Urban
Justice Center to provide legal assistance to groups engaged in
community development in low-income neighborhoods; $650,000 shall be
available for a grant to CAP Services of Stevens Point, Wisconsin to
purchase and renovate property; $200,000 shall be available for a grant
for the Promesa Foundation in South Bronx, New York to provide community
growth funding; $400,000 shall be available for a grant to the Lower
East Side Girls Club of New York to provide for facility development;
$1,100,000 shall be available for a grant to J.F. Drake State Technical
College in Huntsville, Alabama to construct and equip a media center in
support of local business needs; $1,100,000 shall be available for a
grant to the City of Los Angeles, California to develop a facility to
support downtown business development; $1,100,000 shall be available for
a grant to the MountainMade Foundation to fulfill its charter purposes
and to continue the initiative developed by the NTTC for outreach and
promotion, business and sites development, the education of artists and
craftspeople, and to promote small businesses, artisans and their
products through market development, advertisement, commercial sale and
other promotional means; $700,000 shall be available for a grant to Lord
Fairfax Community College for workforce development programs; $700,000
shall be available for a grant to the Village of Edgar, Wisconsin to
purchase and redevelop property as a small business park to support
local agriculture; $500,000 shall be available for a grant to the West
Virginia High Technology Consortium to develop a small business
commercialization grant program; $250,000 shall be available for a grant
to Johnstown Area Regional Industries in Pennsylvania to develop small
business technology centers; $250,000 shall be available for a grant to
the Economic Growth Connection of Westmoreland to establish a Paperless
Procurement grant program; $350,000 shall be available for a grant to
the Fayette County, Pennsylvania Community Action Agency for the
Republic Incubator Project; $1,000,000 shall be available for a grant to
the Shenandoah Valley Discovery Museum to establish a new facility;
$500,000 shall be available for a grant to the University of Tennessee
at Chattanooga for the Riverbend Technology Institute for the technology
incubator project; $500,000 shall be available for a grant to the
California State University, San Bernardino for development of the
Center for the Commercialization of Advanced Technology; $1,000,000
shall be available for a grant to the Rhode Island School of Design for
the modernization of a building to establish a small business incubator;
$500,000 shall be available for a grant to the University of Scranton to
establish an Electronic Business Technology Center; $500,000 shall be
available for a grant to Experience Works!, Incorporated for small
business program activities; $500,000 shall be available for a grant to
Wilberforce University to improve technology systems; $500,000 shall be
available for a grant to Millikin University for facilities development
for the Business and Technology Center; $500,000
[[Page 117 STAT. 105]]
shall be available for a grant to the Michael J. Quill Irish Cultural
and Sports Center for facilities development; $2,600,000 shall be
available for a grant to Iowa State University for the development of a
research park biologics facility; $1,000,000 shall be available for a
grant to the Southern Kentucky Tourism Development Association for
continuation of a regional tourism promotion initiative; $450,000 shall
be available for a grant to the Bronx Council on the Arts to help
promote stabilization of small arts organizations; $500,000 shall be
available for a grant to Southern Kentucky Rehabilitation Industries for
internal development; $250,000 shall be available for a grant to
Johnstown Area Regional Industries in Pennsylvania to continue the
workforce development training program; $500,000 shall be available for
a grant to the City of Monticello, Kentucky for commercial
revitalization activities; $1,500,000 shall be available for a grant to
Shenandoah University to develop a historical and tourism development
facility; $500,000 shall be available for a grant to the City of
Merrill, Wisconsin to purchase and redevelop industrial property to
support economic growth; $2,500,000 shall be available for a grant to
the Virginia Community College System (VCCS) for improvement of distance
learning programs; $750,000 shall be available for a grant to Soundview
Community in Action for a technology access and business improvement
project; $100,000 shall be available for a grant to the Gospel Rescue
Ministries for facilities renovation; $450,000 shall be available for a
grant to the Pregones Theater in the South Bronx, New York for
construction improvements; $100,000 shall be available for a grant to
the Atoka Preservation Society for facility restoration activities;
$500,000 shall be available for a grant to the Virginia Science Museum
for marine science and other environmental program activities at Belmont
Bay; $500,000 shall be available for a grant to the Infotonics Center of
Excellence for small business incubation activities; $500,000 shall be
available for a grant to the Chicago Field Museum to renovate and
develop a facility; $500,000 shall be available for a grant to the
Cedarbridge Development Urban Renewal Corporation for office complex
development activities; and $500,000 shall be available for a grant to
the City of Belvidere, Illinois to establish a Small Business
Agriculture-Technology Incubator and New Use Economy Information Center:
Provided, That section 629 of Public Law 107-77 is amended with respect
to a grant of: (1) $500,000 to Johnstown Area Regional Industries for
the High Technology Initiative and Wireless/Digital Technology Program
by deleting the word ``for'' after ``Industries'' and inserting the
words ``to provide technical and financial assistance under a High
Technology Initiative and Wireless Digital Technology Program.''; (2)
$2,000,000 to the Los Angeles Conservancy by adding the phrase ``,
including the use of subgrants and other forms of financial assistance''
after ``rebuilding and revitalization.''; (3) $500,000 for a grant to
Yonkers, New York by deleting ``Yonkers, New York'' and inserting ``the
Yonkers Industrial Development Agency''; and (4) $450,000 to the
Southern Kentucky Rehabilitation Industries by deleting the words
``financial assistance and small business development'' after ``for''
and inserting ``technology upgrades'': Provided further, That, any grant
made by the Small Business Administration to the MountainMade Foundation
during fiscal year 2002 or to the NTTC at Wheeling Jesuit University
during fiscal years 1998 through 2002 may be used by such entity to
promote small businesses
[[Page 117 STAT. 106]]
and artisans, and their products, through market development,
advertisement, commercial sale, and other promotional means: Provided
further, <<NOTE: Applicability.>> That the preceding proviso shall apply
to promotional activities occurring on or after October 1, 1997.
Sec. 626. 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.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$78,000,000 are rescinded.
Legal Activities
asset forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$50,874,000 are rescinded.
Immigration and Naturalization Service
immigration emergency fund
(rescission)
Of the unobligated balances available under this heading, $580,000
are rescinded.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
coastal impact assistance
(rescission)
Of the unobligated balances available under this heading, $7,000,000
are rescinded.
Departmental Management
emergency oil and gas guaranteed loan program account
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $920,000 are rescinded.
[[Page 117 STAT. 107]]
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading, $5,700,000
are rescinded.
Small Business Administration
salaries and expenses
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $13,750,000 are rescinded.
business loans program account
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $10,500,000 are rescinded.
This division may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2003''.
DIVISION <<NOTE: District of Columbia Appropriations Act, 2003.>> C--
DISTRICT OF COLUMBIA APPROPRIATIONS, 2003
Joint Resolution
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:
TITLE I--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
[[Page 117 STAT. 108]]
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, <<NOTE: Reports.>> 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
House of Representatives and Senate for these funds showing, by object
class, the expenditures made and the purpose therefor: Provided further,
That not more than 7 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 any amount provided under this
heading shall be available only after notice of its proposed use has
been transmitted by the President to Congress and such amount has been
apportioned pursuant to chapter 15 of title 31, United States Code:
Provided further, <<NOTE: Reports.>> 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
House of Representatives and Senate 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: Provided further, <<NOTE: Deadline.>> That the report
shall be submitted no later than April 11, 2003 and shall include the
recommendations of each agency.
Federal Payment for Hospital Bioterrorism Preparedness in the District
of Columbia
For a Federal payment to support hospital bioterrorism 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.
[[Page 117 STAT. 109]]
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$161,943,000, 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, $81,339,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $40,402,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $31,651,000 for
capital improvements for District of Columbia courthouse facilities:
Provided, That funds made available for capital improvements shall be
expended consistent with the General Services Administration master plan
study and building evaluation report: Provided
further, <<NOTE: Contracts. Reports.>> 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
House of Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on Governmental
Affairs of the Senate: 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 House of Representatives and Senate,
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 Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance and/or 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. Official Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $17,100,000, to remain available until
expended: Provided, That $1,500,000 of this appropriation is to
[[Page 117 STAT. 110]]
provide guardians ad litem to abused and neglected children: Provided
further, That the funds provided in this Act under the heading ``Federal
Payment to the District of Columbia Courts'' (other than the $31,651,000
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 $31,651,000 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, <<NOTE: Contracts. Reports.>> 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 House of Representatives and Senate, the Committee
on Government Reform of the House of Representatives, and the Committee
on Governmental Affairs of the Senate.
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,
$154,707,000, of which not to exceed $2,000 is for official receptions
related to offender and defendant support programs; $95,682,000 shall be
for necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults
subject to protection orders or the 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 33 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
[[Page 117 STAT. 111]]
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, <<NOTE: Records. Public
information.>> 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 District of Columbia Department of Transportation
For a Federal payment to the District of Columbia Department of
Transportation, $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 to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the District
of Columbia, $40,300,000: Provided, That these funds shall be available
for the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act: Provided
further, <<NOTE: Reports. Deadline.>> That each entity that receives
funding under this heading shall submit to the Committees on
Appropriations of the House of Representatives and Senate a report due
April 30, 2003, on the activities carried out with such funds.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia Department of
Housing and Community Development, $2,800,000 to continue improvements
on the historic Potomac Southwest Waterfront:
Provided, <<NOTE: Reports. Deadline.>> That the Department shall submit
to the Committees on Appropriations of the House of Representatives and
Senate a report due April 30, 2003, on the activities carried out with
such funds.
Federal Payment for Asbestos Remediation
For a Federal payment to the General Services Administration (GSA),
$1,000,000 to reimburse Fairfax County, Virginia for the remediation of
asbestos on the former site of the Lorton Correctional Complex:
Provided, <<NOTE: Reports. Deadline.>> That GSA shall submit to the
Committees on Appropriations of the House of Representatives and Senate
a report due April 30, 2003, on the activities carried out with such
funds.
Federal Payment to the Fire and Emergency Medical Services Department
For a Federal payment to the District of Columbia Fire and Emergency
Medical Services Department, $2,000,000 to repair, renovate, and
rehabilitate fire stations in need of capital improvements:
Provided, <<NOTE: Reports. Deadline.>> That the Department shall submit
to the Committees on Appropriations of the House of Representatives and
Senate a report due April 30, 2003, on the activities carried out with
such funds.
[[Page 117 STAT. 112]]
Federal Payment for Special Education
For a Federal payment to the District of Columbia Public Education
System, $3,000,000, to remain available until expended to establish
special education satellite facilities in the District of Columbia.
Federal Payment for the Family Literacy Program
For a Federal payment to the District of Columbia, $4,000,000 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 Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $50,000,000, to remain available until expended, to begin
implementing the Combined Sewer Overflow Long-Term Plan: Provided, That
the District of Columbia Water and Sewer Authority provides a 100
percent match for the fiscal year 2003 Federal contribution.
Federal Payment for the Anacostia Waterfront Initiative in the District
of Columbia
For a Federal payment to the District of Columbia for implementation
of the Anacostia Waterfront Initiative, $5,000,000, to remain available
until expended, for environmental and infrastructure costs related to
development of parks and recreation facilities on the Anacostia River.
Federal Payment to the District of Columbia for Capital Development
For a Federal payment to the District of Columbia for capital
development, $10,150,000, to remain available until expended, of which
$150,000 shall be for renovations at Eastern Market and $10,000,000
shall be for the Unified Communications Center.
Federal Payment to the District of Columbia for Public Charter School
Facilities
For a Federal payment to the District of Columbia for public charter
school facilities, $17,000,000, to remain available until expended, of
which $4,000,000 shall be used to supplement the per pupil facilities
allocation to public charter schools in fiscal year 2003; $5,000,000
shall be for the direct loan fund for charter school improvement; and
$8,000,000 shall be for the credit enhancement revolving fund.
[[Page 117 STAT. 113]]
TITLE II--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 (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 $6,944,522,000 (of which $3,618,411,000 shall be
from local funds, $1,712,498,000 shall be from Federal funds, and
$873,313,000 shall be from other 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, $307,173,000 (including
$207,971,000 from local funds, $80,854,000 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, $2,500 for the City Administrator, and $2,500 for the Office
of the Chief Financial Officer shall be available from this
appropriation for official purposes: 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
[[Page 117 STAT. 114]]
not exceed $500,000: Provided further, That not to exceed $500,000 of
the funds in the District of Columbia Antitrust Fund established
pursuant to section 2 of the District of Columbia Antitrust Act of 1980
(D.C. Law 3-169; D.C. Official Code, sec. 28-4516), not to exceed
$100,000 of the funds in the Antifraud Fund established pursuant to
section 820 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-308.20), and not to
exceed $910,000 of the 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 (D.C. Law 13-172; D.C.
Official Code, sec. 28-3911) 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 laws establishing these
funds.
Economic Development and Regulation
Economic development and regulation, $244,358,000 (including
$56,872,000 from local funds, $97,796,000 from Federal funds, and
$89,690,000 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 $725,000, of which no amount may be expended for
administrative expenses, shall be available to the Department of
Employment Services when the Council Committee on Public Services
approves a spending plan prepared and submitted, by the agency, to the
Committee on Public Services for its approval.
Public Safety and Justice
Public safety and justice, $622,531,000 (including $602,678,000 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 $170,000 shall
be for the Corrections Information Council, established by section
11201(g) of the National Capital Revitalization and Self-Government
Improvement Act of 1997 (D.C. Official Code, sec. 24-101(h)), to support
its operations and perform its duties: Provided further, That 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 (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
[[Page 117 STAT. 115]]
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 transfers of funds)
Public education system, including the development of national
defense education programs, $1,206,169,000 (including $939,174,000 from
local funds, $208,470,000 from Federal funds, $31,525,000 from other
funds, and not to exceed $27,000,000 from the Medicaid and Special
Education Reform Fund established pursuant to the Medicaid and Special
Education Reform Fund Establishment Act of 2002 (D.C. Act 14-403)),
$17,000,000 from local funds, previously appropriated in this Act as a
Federal payment, and such sums as may be derived from interest earned on
funds contained in the dedicated account established by the Chief
Financial Officer of the District of Columbia, for resident tuition
support at public and private institutions of higher learning for
eligible District of Columbia residents, to be allocated as follows:
(1) District of columbia public schools.--$902,936,000
(including $713,494,000 from local funds, $150,800,000 from
Federal funds, $11,642,000 from other funds, and not to exceed
$27,000,000 from the Medicaid and Special Education Reform Fund
established pursuant to the Medicaid and Special Education
Reform Fund Establishment Act of 2002 (D.C. Act 14-403) shall be
available for District of Columbia Public Schools: 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 not to exceed $2,500 for the
Superintendent of Schools shall be available from this
appropriation for official purposes.
(2) State education office.--$49,687,000 (including
$22,594,000 from local funds, $26,917,000 from Federal funds,
[[Page 117 STAT. 116]]
and $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 District of Columbia public charter school.
(3) District of columbia public charter schools.--
$142,711,000 (including $125,711,000 from local funds and
$17,000,000 from Federal funds) shall be available for District
of Columbia public charter schools:
Provided, <<NOTE: Deadline.>> 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 the 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 for public
education in accordance with section 2403(b)(2) of the District
of Columbia School Reform Act of 1995 (D.C. Official Code, sec.
38-1804.03(b)(2)): Provided further, That of the amounts made
available to District of Columbia public charter schools,
$25,000 shall be made available to the Office of the Chief
Financial Officer as authorized by section 2403(b)(5) of the
District of Columbia School Reform Act of 1995 (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) University of the district of columbia.--$81,180,000
(including $49,462,000 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
[[Page 117 STAT. 117]]
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) District of columbia public libraries.--$27,363,000
(including $26,216,000 from local funds, $610,000 from Federal
funds, and $537,000 from other funds) shall be available for the
District of Columbia Public Libraries: Provided, That not to
exceed $2,000 for the Public Librarian shall be available from
this appropriation for official purposes.
(6) Commission on the arts and humanities.--$2,292,000
(including $1,697,000 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.
Human Support Services
(including transfer of funds)
Human support services, $2,451,818,000 (including $1,002,284,000
from local funds, $1,373,680,000 from Federal funds, $52,987,000 from
other funds, and $22,867,000 from the Medicaid and Special Education
Reform Fund established pursuant to the Medicaid and Special Education
Reform Fund Establishment Act of 2002 (D.C. Act 14-403)): Provided, That
the funds available from the Medicaid and Special Education Reform Fund
are allocated as follows: $7,072,000 for Child and Family Services,
$5,795,000 for the Department of Human Services, and $10,000,000 for the
Department of Mental Health: Provided further, That $27,959,000 of this
appropriation, to remain available until expended, shall be available
solely for District of Columbia employees' disability compensation:
Provided further, That $7,000,000 of this appropriation, 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 (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 of this appropriation shall be
available exclusively for the purpose of funding the pilot substance
abuse program for youth ages 16 through 21 years established pursuant to
section 4212 of the Pilot Substance Abuse Program for Youth Act of 2001
(D.C. Law 14-28; D.C. Official Code, sec. 7-3101): Provided further,
That $3,209,000 of this appropriation, to remain available until
expended, shall be deposited in the Interim Disability Assistance Fund
established pursuant to section 201 of the District of Columbia Public
Assistance Act of 1982 (D.C. Law 4-101; D.C. Official Code, sec. 4-
202.01), to be used exclusively for the Interim Disability Assistance
program and the purposes for that program set forth in section 407 of
the District of Columbia Public Assistance Act of 1982 (D.C. Law 13-252;
D.C. Official Code, sec. 4-204.07): Provided further, That no less than
$500,000 of this appropriation shall be available exclusively for the
Mobile Crisis Intervention Program for Kids: Provided further, That the
amount available under this heading in Public Law 107-96 for Interim
Disability Assistance shall remain available until expended: Provided
further,
[[Page 117 STAT. 118]]
That $37,500,000 in local funds, to remain available until expended,
shall be deposited in the Medicaid and Special Education Reform Fund.
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, $320,357,000 (including $304,363,000 from local funds,
$5,669,000 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.
Reserve
For replacement of funds expended, if any, during fiscal year 2002
from the budget reserve established pursuant to section 202(j) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995 (D.C. Official Code, sec. 47-392.02(j)), $70,000,000 from
local funds.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve fund
under section 450A of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.50a), such amounts from local funds as are
necessary to meet the fiscal year 2003 minimum balance requirements for
such funds under such section.
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 (D.C. Official Code, secs. 1-
204.62, 1-204.75, and 1-204.90), $260,951,000 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 (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.
Certificates of Participation
For principal and interest payments on the District's Certificates
of Participation, issued to finance the ground lease underlying
[[Page 117 STAT. 119]]
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.
Wilson Building
For expenses associated with the John A. Wilson Building, $4,194,000
from local funds.
Workforce Investments
For workforce investments, $48,186,000 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.
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.
Emergency Planning and Security Costs
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
previously appropriated 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 any
amount <<NOTE: President.>> provided under this heading shall be
available only after notice of its proposed use has been transmitted by
the President to Congress and such amount has been apportioned pursuant
to chapter 15 of title 31, United States Code.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority, $253,743,000 from
other funds, of which $43,800,000 shall be apportioned for repayment of
loans and interest incurred for capital improvement projects
($18,094,000 payable to the District's debt service fund and $25,706,000
payable for other debt service).
For construction projects, $392,458,000, to be distributed as
follows: $213,669,000 for the Blue Plains Wastewater Treatment
[[Page 117 STAT. 120]]
Plant, $24,539,000 for the sewer program, $56,561,000 for the combined
sewer program, $50,000,000 Federal payment for the Combined Sewer
Overflow Long-Term Plan, $5,635,000 for the stormwater program,
$34,054,000 for the water program, and $8,000,000 for the capital
equipment program: Provided, <<NOTE: Applicability.>> That the
requirements and restrictions that are applicable to general fund
capital improvement 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, 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 Federal funds
appropriated earlier in this Act as a Federal Payment for the Anacostia
Waterfront Initiative.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established pursuant
to section 121 of the District of Columbia Retirement Reform Act of 1979
(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 <<NOTE: Reports.>> 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.
[[Page 117 STAT. 121]]
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 $925,011,000, of which
$555,097,000 shall be from local funds, $48,132,000 from Highway Trust
funds, and $321,782,000 from Federal funds, and a rescission of
$253,991,000 from local funds appropriated under this heading in prior
fiscal years, for a net amount of $671,020,000, 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.
TITLE III--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 Chairman
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 (D.C. Official
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
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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 Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, the Committee on Governmental Affairs of the
Senate, 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 fiscal year 2003 and any subsequent fiscal
year, the Mayor shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, <<NOTE: Reports.>> 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 Committees on
Appropriations of the House of Representatives and Senate the actual
borrowings and spending progress compared with projections.
Sec. 109. <<NOTE: Notifications.>> (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 under 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 any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or
responsibility center 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 the House of Representatives
and Senate are notified in writing 30 days in advance of the
reprogramming.
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(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer of any
local funds from one appropriation heading to another unless the
Committees on Appropriations of the House of Representatives and Senate
are notified in writing 30 days in advance of the transfer, except that
in no event may the amount of any funds transferred exceed 4 percent of
the local funds in the appropriation.
Sec. 110. <<NOTE: Applicability.>> Consistent with the provisions of
section 1301(a) of title 31, United States Code, 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. <<NOTE: Applicability.>> 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 (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. <<NOTE: Deadline. Reports.>> No later than 30 days after
the end of the first quarter of fiscal year 2003, the Mayor of the
District of Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2003 revenue estimates as
of the end of such quarter. These estimates shall be used in the budget
request for fiscal year 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. Official 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, but only if the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 114. (a) <<NOTE: Deadline.>> In the event a sequestration order
is issued pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 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, <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, 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
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not be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 115. (a)(1) 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) <<NOTE: Records. Public information.>> 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. <<NOTE: Abortion.>> 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. <<NOTE: Domestic partners.>> 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 of the District
of Columbia 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) <<NOTE: Reports.>> the Chief Financial Officer of the
District of Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
(2) <<NOTE: Deadline.>> 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.
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(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia 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 such subsection.
(d) <<NOTE: Reports.>> 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. <<NOTE: Deadline.>> 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 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) 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) <<NOTE: Deadline. Records.>> The Chief Financial Officer of the
District of Columbia shall submit by March 1, 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.
Sec. 121. No officer or employee of the District of Columbia
government (including any independent agency of the District of
Columbia, but excluding the Office of the Chief Technology Officer, the
Office of 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. 122. 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--
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(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. 123. (a) 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.
(b) Nothing in this section 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. 124. (a) None of the 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. 125. 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 of Columbia) 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. <<NOTE: Deadline. Reports.>> The Chief Financial Officer
of the District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and Senate 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. 126. <<NOTE: Drugs and drug abuse.>> (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. 127. <<NOTE: Contraceptives.>> Nothing in this Act may be
construed to prevent the Council or Mayor of the District of Columbia
from addressing
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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. 128. (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. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of Columbia
under chapter 23 of title 16, D.C. Official Code; or
(3) a payment for counsel authorized under section 21-2060,
D.C. Official Code (relating to representation provided under
the District of Columbia Guardianship, Protective Proceedings,
and Durable Power of Attorney Act of 1986).
(c) <<NOTE: Standards. Publication.>> 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) <<NOTE: Applicability.>> 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 and
any subsequent fiscal year.
Sec. 129. <<NOTE: Reports.>> The Mayor of the District of Columbia
shall submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs of
the Senate 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 substance and alcohol 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 for the
District of Columbia;
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(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District of
Columbia public charter 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. 130. <<NOTE: Deadline. Budget.>> 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 of the District of Columbia 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 (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2003 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. 131. 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. 132. None of the Federal funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation Act.
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 (D.C. Law 13-172; D.C.
Official Code, sec. 2-402).
Sec. 134. All funds from the Crime Victims Compensation Fund,
established pursuant to section 16 of the Victims of Violent Crime
Compensation Act of 1996 (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 pursuant to section
16a of the Compensation Act, for the purpose of outreach activities, and
shall remain available until expended.
Sec. 135. Notwithstanding any other law, the District of Columbia
Courts shall transfer to the general treasury of the District of
Columbia 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
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in accordance with section 10(b)(3) of the District of Columbia Traffic
Control Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 136. Section 47-363(a-1) of the District of Columbia Official
Code is amended by adding at the end the following new paragraph:
``(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 Council and the Chief Financial
Officer of the District of Columbia;
``(ii) the Chief Financial Officer transmits to the
Council a statement certifying the availability of funds
for the reprogramming and containing an analysis of the
effect of the reprogramming on the financial plan and
budget for the fiscal year; and
``(iii) the Council approves the request after
receiving the statement described in clause (ii), but
only if any additional expenditures provided under the
request are offset by reductions in expenditures for
another activity.
``(B) If the Chief Financial Officer does not transmit to
the Council the statement described in subparagraph (A)(ii)
during the 15-day period which begins on the date the Chief
Financial Officer receives the request for the reprogramming
from the Mayor, the Chief Financial Officer shall be deemed to
have transmitted the statement to the Council. Upon 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.
``(C) In this paragraph, 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 (D.C. Official Code, sec. 47-393(4)).''.
Sec. 137. From the local 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.
Sec. 138. (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. 139. Of the amount appropriated as a Federal payment to the
District of Columbia Courts in the District of Columbia Appropriations
Act, 2002, 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.
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Sec. 140. <<NOTE: Deadline. Reports.>> No later than June 2, 2003,
the Comptroller General shall prepare and submit to the Committees on
Appropriations of the House of Representatives and Senate, 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. 141. 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 1 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, <<NOTE: Reports.>> That within 180 days of enactment,
the Mayor shall report to the Committees on Appropriations of the House
of Representatives and Senate 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. 142. <<NOTE: Deadline.>> 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, as modified
by Public Law 107-96, shall establish and fulfill the following
performance measures within nine months of the date of enactment of this
Act: <<NOTE: Certification.>> (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 for
adoption incentives and support for children with special needs:
Provided, <<NOTE: Reports.>> 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 House of Representatives and
Senate, 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. 143. (a)(1) <<NOTE: 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.
(2) The Office shall have the following three functions:
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(A) To administer the credit enhancement fund for public
charter schools under section 603(e) of the Student Loan
Marketing Association Reorganization Act of 1996, subject to the
provisions of such section.
(B) To administer the Direct Loan Fund for Charter School
Improvement under subsection (b), subject to the provisions of
such subsection.
(C) To develop, implement and provide oversight for other
public charter school financing programs and support services as
requested by the Mayor and the Council of the District of
Columbia.
(3) The functions described in paragraph (2) may be provided by the
Office directly or under contract with a qualified provider.
(b)(1) There is established within the District of Columbia a Direct
Loan Fund for Charter School Improvement.
(2) The Direct Loan Fund for Charter School Improvement shall be
administered by the Office of Charter School Financing and Support,
except that no loan may be made under this subsection without the
approval of the committee described in section 603(e)(3)(C)(iii) of the
Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C.
1155(e)(3)(C)(iii)).
(3) Funds distributed under this subsection shall be for
construction, purchase, renovation, and maintenance of charter school
facilities.
(4) Loans distributed under this subsection shall not exceed
$2,000,000 per charter school.
(5) The Office of Charter School Financing and Support shall
determine what interest rates and terms apply to loans granted under
this subsection. 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.
(6) To be eligible for a loan under this subsection, an applicant
shall be a public charter school with a charter in effect pursuant to
the District of Columbia School Reform Act of 1995 which meets or
exceeds its performance goals as outlined in its originating charter.
(7) In repaying a loan granted under this subsection, a debtor may
use facility maintenance funds granted to them by the District of
Columbia Public Schools.
(c) Section 603(e)(3) of the Student Loan Marketing Association
Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)) is amended--
(1) in subparagraph (B)(ii) and subparagraph (C)(iii), by
striking ``The Mayor'' and inserting ``Subject to subparagraph
(F), the Mayor''; and
(2) by adding at the end the following new subparagraph:
``(F) Role of Office of Public Charter School
Financing and Support.--During fiscal year 2003 and each
succeeding fiscal year, the Office of Public Charter
School Financing and Support shall be responsible for
receiving applications, making payments, and otherwise
administering this paragraph, except that no grant may
be made under this paragraph without the approval of the
committee described in subparagraph (C)(iii).''.
Sec. 144. None of the funds contained in this Act may be made
available to pay--
[[Page 117 STAT. 132]]
(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.
Sec. 145. <<NOTE: Certification.>> 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, <<NOTE: Reports.>> 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.
Sec. 146. (a) Section 2403(b) of the District of Columbia School
Reform Act of 1995 (sec. 38-1804.03(b), D.C. Official Code) is amended
to read as follows:
``(b) Payment to Charter Schools From Charter School Fund.--
``(1) Establishment of fund.--The `New Charter School Fund',
as established in the general fund of the District of Columbia
prior to the date of the enactment of the District of Columbia
Appropriations Act, 2003, shall be redesignated as the `Charter
School Fund'.
``(2) Contents of fund.--The Charter School Fund shall
consist of the following amounts:
``(A) Unexpended and unobligated amounts
appropriated from local funds for public charter schools
for any fiscal year that reverted to the general fund of
the District of Columbia, but only to the extent that
the balance of the Charter School Fund for the fiscal
year involved is less than--
``(i) $10,000,000, in the case of fiscal year
2002; or
``(ii) $5,000,000, in the case of fiscal year
2003 and each succeeding fiscal year.
``(B) Any interest earned on such amounts.
[[Page 117 STAT. 133]]
``(3) Expenditures from fund.--Amounts in the Charter School
Fund shall be used to make payments during a fiscal year to any
public charter school operating in the District of Columbia
during the fiscal year whose total audited enrollment (including
enrollment in special needs categories) exceeds the student
enrollment which served as the basis for determining the
school's annual payment under this Act for the year.
``(4) 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
this subsection for each fiscal year.''.
(b) <<NOTE: Deadline.>> Notwithstanding any other provision of law,
$5,000,000 from the Charter School Fund established pursuant to section
2403(b) of the District of Columbia School Reform Act of 1995 (D.C.
Official Code, sec. 38-1804.03(b)), as amended by subsection (a), shall
be deposited not later than 15 days after the date of the enactment of
this Act into the credit enhancement revolving fund established pursuant
to section 603(e) of the Student Loan Marketing Association
Reorganization Act of 1996 (20 U.S.C. 1155(e)).
This division may be cited as the ``District of Columbia
Appropriations Act, 2003''.
DIVISION D--ENERGY <<NOTE: Energy and Water Development Appropriations
Act, 2003.>> AND WATER DEVELOPMENT APPROPRIATIONS, 2003
Joint Resolution
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
[[Page 117 STAT. 134]]
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, $135,019,000, to remain available until expended:
Provided, That in conducting the Southwest Valley Flood Damage Reduction
Study, Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation of flood
damage reduction measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the frequency of
flooding, the drainage areas, and the amount of runoff: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to determine the
advisability of undertaking restoration, modification, or modernization
of the Great Lakes Navigational System, including the St. Lawrence
Seaway; as provided for in section 456 of Public Law 106-53 (113 Stat.
332): Provided further, That in making such determination, the Secretary
of the Army, acting through the Chief of Engineers, may partner with the
St. Lawrence Seaway Development Corporation and Transport Canada or
another designated representative of the Government of Canada and may
accept from such partners cash, in-kind services, or any combination
thereof, to be expended or used by the Secretary in addition to the
funds identified herein for the purpose of making such determination.
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), $1,756,012,000, 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 funds are provided for the following
projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), California,
$7,000,000;
Southern and Eastern Kentucky, Kentucky, $3,000,000; and
Clover Fork, City of Cumberland, Town of Martin, Pike County
(including Levisa Fork and Tug Fork Tributaries), Bell County,
Harlan County in accordance with the Draft Detailed Report dated
January 2002, Floyd County, Martin County, and Johnson County,
Kentucky, elements of the Levisa and
[[Page 117 STAT. 135]]
Tug Forks of the Big Sandy River and Upper Cumberland River,
Kentucky, $26,100,000: Provided, That, using $200,000 of the
funds appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue work on
the Bois Brule Drainage and Levee District, Missouri, design
deficiency project under the terms and conditions specified in
Public Law 107-66: Provided further, That using $9,744,000 of
the funds appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue
construction of the Dallas Floodway Extension, Texas, project,
including the Cadillac Heights feature, generally in accordance
with the Chief of Engineers report dated December 7, 1999:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $4,000,000 of the
funds appropriated herein to undertake the Bowie County Levee,
Texas, project, which is defined as Alternative B, Local Sponsor
Option, in the Corps of Engineers document entitled Bowie County
Local Flood Protection, Red River, Texas, Project Design
Memorandum No. 1, Bowie County Levee, dated April 1997: Provided
further, That cost sharing for the Bowie County Levee, Texas,
project shall be in accordance with the provisions of the Flood
Control Act of 1946: Provided further, That the Secretary of the
Army is directed to accept advance funds, pursuant to section 11
of the River and Harbor Act of 1925, from the non-Federal
sponsor of the Los Angeles Harbor, California, project
authorized by section 101(b)(5) of Public Law 106-541, which are
needed to maintain the project schedule: Provided further, That
using $1,000,000 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 $1,000,000 of the
funds appropriated herein to continue construction of the
navigation project at Kaumalapau Harbor, Hawaii: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $2,000,000 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 $13,400,000 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
[[Page 117 STAT. 136]]
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
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 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.
[[Page 117 STAT. 137]]
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), $344,574,000, to remain available until expended: Provided,
That the Secretary of the Army, acting through the Chief of Engineers,
using $10,000,000 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.
621.
Operation and Maintenance, General
For expenses necessary for the 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, $1,940,167,000, 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 using $888,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to undertake recreation improvements associated
with the pool raise at Waco Lake, Texas: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $3,160,000 of the funds appropriated herein to undertake
work to expand or improve recreational facilities and undertake
environmental restoration activities at the Hansen Dam Recreation Area,
California, consistent with the Hansen Dam Recreation Area Master Plan:
Provided further, 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 October 1,
2002, and September 30, 2003: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to use
funds appropriated herein to rehabilitate the existing dredged material
disposal site for the project for navigation, Bodega Bay Harbor,
California, and to initiate maintenance dredging of the Federal channel:
Provided further, That the Secretary shall make suitable material
excavated from the site as part of the rehabilitation effort available
to the non-Federal sponsor, at no
[[Page 117 STAT. 138]]
cost to the Federal Government, for use by the non-Federal sponsor in
the development of public facilities.
Flood Control and Coastal Emergencies
For expenses necessary for emergency flood control, hurricane
response, and emergency shore protection and related activities,
$15,000,000, to remain available until expended.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $139,000,000, 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, $145,000,000, 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, $155,151,000, 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
[[Page 117 STAT. 139]]
of 1992, as amended, Public Law 102-580; section 211 of the Water
Resources Development Act of 1996, Public Law 104-303; and any other
specific project authority, shall be limited to credits and
reimbursements per project not to exceed $10,000,000 in each fiscal
year, and total credits and reimbursements for all applicable projects
not to exceed $50,000,000 in each fiscal year.
Sec. 102. None of the funds appropriated in this or any other Act
may be used by the United States Army Corps of Engineers to support
activities, including reconnaissance and feasibility studies, and
planning, engineering and design, related to the Chicago Harbor Visitors
Center.
Sec. 103. 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. 104. Section 595(h)(1) of Public Law 106-53 <<NOTE: 113 Stat.
384.>> is amended by striking ``$25,000,000'' and inserting in lieu
thereof ``$100,000,000''.
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 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. 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. 109. None of the funds appropriated 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 United States Army Corps of Engineers
[[Page 117 STAT. 140]]
to other government agencies without specific direction in a subsequent
Act of Congress.
Sec. 110. 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.
Sec. 111. The project for flood control, Little Calumet River Basin
(Cady Marsh Ditch), Indiana, authorized by section 401(a) of Public Law
99-662 is modified to authorize the Secretary of the Army, acting
through the Chief of Engineers, to construct the project at a total cost
of $23,146,000, with an estimated Federal cost of $17,359,000 and an
estimated non-Federal cost of $5,787,000.
Sec. 112. The non-Federal interest shall receive credit toward the
non-Federal share of the cost of the feasibility study for work
performed prior to the date that the Secretary of the Army, acting
through the Chief of Engineers, enters into the feasibility cost-sharing
agreement with the non-Federal sponsor for the Indiana Harbor
Environmental Dredging, Indiana, feasibility study. The Secretary shall
provide credit for work only if the Secretary determines such work
integral to the feasibility study.
Sec. 113. In satisfaction of any normal requirement for mitigation
identified by the pending Environmental Impact Study for the deepening
of the Brownsville Navigation Channel, Texas, the Secretary of the Army,
acting through the Chief of Engineers, shall provide credit to the
Brownsville Navigation District for work performed before the completion
of the Environmental Impact Study to restore the wetlands at Bahia
Grande, Lower Laguna Madre, and Vadia Ancha. Such credit shall be at a
ratio determined by the Secretary, considering the environmental value
of the wetlands impacted by the project and the environmental value of
the restored wetlands. The Secretary shall provide credit for work only
if the Secretary determines such work integral to the project.
Sec. 114. The Secretary of the Army, acting through the Chief of
Engineers, shall carry out the project for inland navigation,
Chickamauga Lock and Dam, Tennessee, substantially in accordance with
the plans, and subject to the conditions, described in the report of the
Chief of Engineers, dated May 30, 2002, except that the Secretary shall
construct the project in accordance with the plan that includes a 110-
foot by 600-foot replacement lock at a total cost of $267,167,000. The
costs of such construction shall be paid one-half from amounts
appropriated from the general fund of the Treasury and one-half from
amounts appropriated from the Inland Waterways Trust Fund.
Sec. 115. The Secretary of the Army, acting through the Chief of
Engineers, shall conduct a study for the James River, Greene County,
Missouri, project for flood damage reduction, Greene County, Missouri,
and, if the Secretary determines that such project is feasible, may
carry out the project under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
Sec. 116. Section 101(a)(21), ``Amite River and Tributaries,
Louisiana,'' of the Water Resources Development Act of 1999 <<NOTE: 113
Stat. 277.>> is amended in subsection (a)(21) by striking
``$112,900,000'' and inserting ``$150,257,000'', and by striking
``$39,500,000'' and inserting ``$52,589,950''.
[[Page 117 STAT. 141]]
Sec. 117. None of the funds appropriated in this or any other Act
may be used by the United States Army Corps of Engineers to support
activities related to the proposed Ridge Landfill in Tuscarawas County,
Ohio.
Sec. 118. Section 101(a)(19) of the Water Resources Development Act
of 1999 <<NOTE: 113 Stat. 277.>> is hereby amended to increase the
total project cost to $78,879,000 with an estimated Federal cost of
$51,271,000 and an estimated non-Federal cost of $27,608,000 in
accordance with the Corps of Engineers Post Authorization Change Report,
dated January 2003, as amended by the Chief of Engineers.
Sec. 119. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to credit toward the non-Federal share of the
cost of the Savannah Harbor Expansion, Georgia, project, authorized by
section 101(b)(9) of the Water Resources Development Act of 1999, an
amount equal to the Federal share of the costs incurred by the non-
Federal interests subsequent to project authorization to the extent that
the Secretary determines that such costs were necessary to ensure
compliance with the conditions of the project authorization.
Sec. 120. The project for aquatic ecosystem restoration, Rose Bay,
Volusia County, Florida, being carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), is modified to
direct the Secretary of the Army, acting through the Chief of Engineers,
to credit toward the non-Federal share of the cost of the project the
costs incurred by the Florida Department of Transportation in
constructing that portion of the United States Highway 1 bridge that the
Secretary determines is required for the proper functioning of the
project.
Sec. 121. The Secretary of the Army, acting through the Chief of
Engineers, shall modify the shoreline management plan for Lake
Cumberland, Kentucky, to allow for construction of a privately owned
moorage facility at Woodson Bend Peninsula on the South Fork of the
Cumberland River at Lake Cumberland.
Sec. 122. The non-Federal sponsor shall receive credit in an amount
not to exceed $10,000,000 toward their share of the cost of Des Moines
Recreational River and Greenbelt, Iowa, projects for work performed by
the sponsor, or others on behalf of the sponsor, including planning,
design, and construction performed after October 1, 2002, provided the
Secretary of the Army, acting through the Chief of Engineers, determines
that such work is completed in accordance with United States Army Corps
of Engineers standards and procedures and is integral to the Des Moines
Recreational River and Greenbelt project.
Sec. 123. The project for flood damage reduction, Turkey Creek
Basin, Kansas City, Missouri, and Kansas City, Kansas, authorized by
section 101(a)(24) of Public Law 106-53, is modified to authorize the
Secretary of the Army, acting through the Chief of Engineers, to
construct the project substantially in accordance with the plans and
subject conditions, recommended in a final report of the Chief of
Engineers if a favorable report of the Chief is completed by December
31, 2003, at a total project cost of $73,380,000 with an estimated
Federal cost of $45,304,000 and an estimated non-Federal cost of
$28,076,000. The non-Federal interest shall receive credit toward the
non-Federal share of project costs for construction work performed by
the non-Federal interest before execution of the project cooperation
agreement if the Secretary finds that the
[[Page 117 STAT. 142]]
work performed by the non-Federal interest is integral to the project.
Sec. 124. The Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to design and construct portions
of the Long Lake Environmental Restoration Project, Indiana, that are
located on non-federally owned land in accordance with section 206 of
Public Law 104-303, as amended. Notwithstanding the provisions of
section 206, the Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to design and construct all the
components of the Long Lake, Indiana, environmental restoration project
that are located on Federal land at full Federal expense as identified
in the Long Lake, Indiana, Reconnaissance Report, dated October 2002,
and as further modified by subsequent study. After completion of the
project, the Secretary of the Army shall seek reimbursement from the
Secretary of the Interior of an amount equal to the costs of the project
allocated to benefits to the Indiana Dunes National Lakeshore.
Sec. 125. Section 514 of the Water Resources Development Act of
1999 <<NOTE: 113 Stat. 343.>> is amended by striking ``2000 and 2001''
in subsection (g) and inserting ``2003 and 2004''.
Sec. 126. Section 595 of the Water Resources Development Act of
1999 <<NOTE: 113 Stat. 383.>> is amended by striking ``Sec. 595. Rural
Nevada and Montana.'' and inserting in lieu thereof ``Sec. 595. Rural
Nevada, Montana, and Idaho.'' and in (b) strike ``and Montana.'' and
insert in lieu thereof ``, Montana, and Idaho.'' and in (c) strike ``and
Montana,'' and insert in lieu thereof ``, Montana, and Idaho,'' and in
(h)(1) strike ``and'' and insert after (h)(2) ``and; (3) $25,000,000 for
Idaho;''.
Sec. 127. Southern and Eastern Kentucky. (a) Project Purposes.--
Section 531(b) of the Water Resources Development Act of 1996 (110 Stat.
3773) is amended by inserting before ``and resource'' the following: ``,
environmental restoration,''.
(b) Definition.--Section 531(g) of such Act (110 Stat. 3774) is
amended by inserting after ``Lee,'' the following: ``Bath, Rowan,''.
(c) Authorization of Appropriations.--Section 531(h) of such Act
(110 Stat. 3774; 113 Stat. 348) is amended by striking ``$25,000,000''
and inserting ``$40,000,000''.
Sec. 128. With respect to the pre-construction engineering and
design for the environmental dredging project at Ashtabula River, Ohio,
for which funds are made available under this heading, the non-Federal
interest shall receive credit toward the non-Federal share of the cost
of the pre-construction engineering and design work performed in-kind
after the date of execution of the design agreement.
Sec. 129. Section 313(h)(2) of the Water Resources Development Act
of 1992 <<NOTE: 106 Stat. 4847.>> is amended by striking ``Armstrong,
Beford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton,
Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder and Westmoreland
Counties'' and inserting ``Allegheny, Armstrong, Beford, Blair, Cambria,
Clearfield, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana,
Juniata, Mifflin, Somerset, Snyder, Washington, and Westmoreland
Counties''.
Sec. 130. 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.
[[Page 117 STAT. 143]]
(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.
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,
$813,491,000, 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; 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
[[Page 117 STAT. 144]]
the same purposes as the sums appropriated under this heading: Provided
further, That $10,000,000 of the funds appropriated herein shall be
deposited in the San Gabriel Basin Restoration Fund established by
section 110 of division B, title I of Public Law 106-554, as amended:
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, <<NOTE: 43 USC
2241.>> is amended further by inserting ``2002, and 2003'' in lieu of
``and 2002'': Provided further, That the Bureau of Reclamation is
authorized hereafter to negotiate and enter into financial assistance
agreements with public and private agencies, organizations, and
institutions for activities under the Lake Tahoe Regional Wetlands
Development Program: Provided further, That the costs associated with
such activities will be nonreimbursable.
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.
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 16 passenger motor vehicles, of which 12 are
for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
Sec. 201. <<NOTE: 43 USC 373d.>> In order to increase opportunities
for Indian tribes to develop, manage, and protect their water resources,
in fiscal year 2003 and thereafter, the Secretary of the Interior,
acting through the Commissioner of the Bureau of Reclamation, is
authorized to enter into grants and cooperative agreements with any
Indian tribe, institution of higher education, national Indian
organization, or tribal organization pursuant to 31 U.S.C. 6301-
[[Page 117 STAT. 145]]
6308. Nothing in this Act is intended to modify or limit the provisions
of the Indian Self Determination Act (25 U.S.C. 45 et seq.).
Sec. 202. (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. 203. Section 212 of the Energy and Water Development
Appropriations Act, 2001 (114 Stat. 1441B-13) is amended as follows:
(1) In subsection (a)(2)--
(A) by inserting ``all real and personal property
rights and interests associated with such conduits and
canals, all water rights of whatever nature or kind
associated therewith, and'' before ``all recreational
facilities''; and
(B) by inserting ``and improvements'' after
``recreational facilities''.
(2) In subsection (b)--
(A) by striking ``as soon as practicable after date
of enactment of this Act'' and inserting ``by no later
than June 30, 2003,''; and
(B) by inserting ``including all real and personal
property rights, water rights, and facilities held by or
appropriated to the United States'' after ``all right,
title, and interest in and to the Sly Park Unit to the
District''.
(3) In subsection (c)--
(A) by striking ``The Secretary'' and inserting
``(1) Subject to paragraph (2), the Secretary'';
(B) by inserting ``and subsequent interim renewal
contracts associated therewith'' after ``contract number
14-06-200-949IR3''; and
(C) by adding at the end the following:
``(2) The amount the Secretary is authorized to receive under
paragraph (1) shall be reduced by an amount equal to any payments
received by the United States from the District under the contracts
referred to in paragraph (1) in the period beginning on the date of the
enactment of this Act and ending on the date of conveyance of the Sly
Park Unit under this section.''.
Sec. 204. Section 110(a)(3)(A)(i) of division B of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by section 1(a)(4) of
Public Law 106-554), is further amended <<NOTE: 114 Stat. 2763A-223.>>
by inserting
[[Page 117 STAT. 146]]
``, including all expenditures made by the Central Basin Municipal Water
District between February 11, 1993, and December 21, 2000'' before the
semicolon.
Sec. 205. 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. 206. 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. 207. 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. 208. <<NOTE: 43 USC 373a note.>> 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 projects to 10 percent in fiscal year 2003, and in each
subsequent year until the level of work is at least 40 percent for the
planning, engineering and design work conducted by the Bureau of
Reclamation.
Sec. 209. Using previously appropriated funds, the Bureau of
Reclamation 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. 210. Section 8 of Public Law 104-298 (the Water Desalination
Act of 1996) <<NOTE: 42 USC 10301 note.>> 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. 211. (a) North Las Vegas Water Reuse Project.--
[[Page 117 STAT. 147]]
(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
of 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 (43 U.S.C. 390h et seq.), as amended.
Sec. 212. None of the funds appropriated or otherwise made available
in this division or any prior Energy and Water Development
Appropriations Act may be used for the settlement agreement of Sumner
Peck Ranch, Inc. v. Bureau of Reclamation (Civ. No F-91-048 OWW (E.D.
Cal)).
Sec. 213. Section 201(d) of the Salton Sea Reclamation Act of 1998
(Public Law 105-372) <<NOTE: 112 Stat. 3381.>> is amended by striking
``$3,000,000'' and inserting ``$10,000,000''.
Sec. 214. The Secretary of the Interior, acting through the Bureau
of Reclamation, shall conduct a feasibility study of options for
additional water storage in the Yakima River Basin, Washington, with
emphasis on the feasibility of storage of Columbia River water in the
potential Black Rock Reservoir and the benefit of additional storage to
endangered and threatened fish, irrigated agriculture, and municipal
water supply. There are authorized to be appropriated such sums as may
be necessary to carry out this Act.
Sec. 215. The Secretary of the Interior, in carrying out CALFED-
related activities, may undertake feasibility studies for Sites
Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin
Storage projects. These storage studies should be pursued along with
ongoing environmental and other projects in a balanced manner.
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 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
[[Page 117 STAT. 148]]
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $701,477,000, 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, $215,100,000, to remain
available until expended.
Uranium Facilities Maintenance and Remediation
For necessary expenses to maintain, decontaminate, decommission, and
otherwise remediate uranium processing facilities, $456,539,000, of
which $340,329,000, 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 28 passenger motor vehicles for
replacement only, $3,305,894,000, 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, $145,000,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $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
$7,000,000 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, <<NOTE: Deadline. Nevada. Certification.>> 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
[[Page 117 STAT. 149]]
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 realized by the
Secretary in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, 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), $207,404,000, 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 $120,000,000 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 $87,404,000.
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
[[Page 117 STAT. 150]]
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), $5,954,204,000, to remain available until expended: Provided,
That $12,000,000 is authorized to be appropriated for Project 03-D-102,
LANL administration building, Los Alamos National Laboratory, Los
Alamos, New Mexico: Provided further, That $113,000,000 is authorized to
be appropriated for Project 01-D-108, Microsystems and engineering
sciences applications (MESA), Sandia National Laboratories, Albuquerque,
New Mexico.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, Defense Nuclear
Nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,113,630,000, 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), $330,929,000, to
remain available for obligation until September 30, 2003.
ENVIRONMENTAL AND OTHER DEFENSE 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 not to exceed 24 passenger motor
vehicles, for replacement only, $5,470,180,000, to remain available
until expended.
[[Page 117 STAT. 151]]
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, $1,138,314,000, 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, $546,554,000, 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, $315,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $1,500.
During fiscal year 2003, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $4,534,000, to remain
available until expended; in addition, notwithstanding the provisions of
31 U.S.C. 3302, up to $14,463,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain
[[Page 117 STAT. 152]]
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, Notwithstanding the provisions of 31 U.S.C. 3302,
that up to $1,512,000 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 $158,605,000 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 $156,124,000 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 in Public Law 107-66, 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 in
Public Law 107-66 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.
[[Page 117 STAT. 153]]
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 <<NOTE: 42 USC 7171
note.>> 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. <<NOTE: Contracts.>> (a) None of the funds appropriated by
this Act may be used to award a management and operating contract, or a
contract for environmental remediation or waste management in excess of
$100 million in annual funding at a current or former management and
operating contract site or facility, or award a significant extension or
expansion to an existing management and operating contract, or other
contract covered by this section, 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) <<NOTE: Deadline. Reports.>> Within 30 days of formally
notifying an incumbent contractor that 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, in specificity, the substantive reasons
why the Secretary believes the requirement for competition should be
waived for this particular award.
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
[[Page 117 STAT. 154]]
(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; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the $21,183,000 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; 42 U.S.C. 7274h) unless the Department of
Energy submits a reprogramming request subject to approval by the
appropriate congressional committees.
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 307. <<NOTE: Public information.>> When the Department of
Energy makes a user facility available to universities and other
potential users, or seeks input from universities and other potential
users regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall ensure broad
public notice of such availability or such need for input to
universities and other potential users. When the Department of Energy
considers the participation of a university or other potential user as a
formal partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user facility''
includes, but is not limited to: (1) a user facility as described in
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration Defense
Programs Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.
Sec. 308. <<NOTE: 42 USC 7274r.>> 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
[[Page 117 STAT. 155]]
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; and
(4) the Savannah River Plant, South Carolina.
Sec. 309. 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. 310. Section 310 of the Energy and Water Development
Appropriations Act, 2000 (Public Law 106-60), <<NOTE: 42 USC 7257
note.>> is hereby repealed.
Sec. 311. Funds appropriated by this or any other 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) during fiscal year 2003 until the enactment of the Intelligence
Authorization Act for fiscal year 2003.
Sec. 312. 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. 313. Funds appropriated in Public Law 107-66 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. 314. 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) <<NOTE: Deadline.>> 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
[[Page 117 STAT. 156]]
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. 315. (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 site
performance management plan for that site or laboratory consistent with
the intent of the Department's environmental management acceleration and
reform initiative.
Sec. 316. Notwithstanding any other provision of law, the National
Nuclear Security Administration is prohibited from taking any actions
adversely affecting employment at the Nevada Operations Office for a
period of not less than 365 days, unless the Administrator seeks and is
granted a waiver, in writing, from the House and Senate Committees on
Appropriations.
Sec. 317. Notwithstanding the provisions of any other law, using
funds appropriated in this title, the Secretary of Energy shall proceed
with planning and analyses for external regulation of the Department's
laboratories under the Office of Science as directed in the statement of
managers accompanying this bill.
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, 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,
$71,290,000, 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.
[[Page 117 STAT. 157]]
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, $8,000,000, 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, $48,000,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $15,000), and purchase of promotional items for
use in the recruitment of individuals for employment, $578,184,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $24,900,000 shall be derived from the Nuclear Waste
Fund: Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $520,087,000
in fiscal year 2003 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2003 so as to result in a final fiscal year 2003
appropriation estimated at not more than $58,097,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $6,800,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $6,392,000 in fiscal year 2003 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2003 so as to result in a final
fiscal year 2003 appropriation estimated at not more than $408,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,200,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
[[Page 117 STAT. 158]]
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 18 U.S.C.
1913.
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. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 504. Section 309 of title III--Denali Commission of division
C--Other Matters of Public Law 105-277, as amended, <<NOTE: 42 USC 3121
note.>> is further amended by striking ``2003'' and inserting ``2008''.
Sec. 505. Extension of Prohibition of Oil and Gas Drilling in the
Great Lakes. Section 503 of the Energy and Water Development
Appropriations Act, 2002 (115 Stat. 512), is amended by striking ``2002
and 2003'' and inserting ``2002 through 2005''.
Sec. 506. Clarification of Indemnification to Promote Economic
Development. Title 42 U.S.C. 7274g is amended in subsection (b)(2), by
adding the following new subparagraph:
``(D) Any successor, assignee, transferee, lender or
lessee of a person or entity described in subparagraphs
(A) through (C).''.
Sec. 507. <<NOTE: Deadline. Budget.>> The Director of the Office of
Management and Budget shall transmit to the Congress by April 1, 2003, a
cross-cut budget displaying, by fiscal year, all CALFED Bay-Delta
Program related expenditures by the Federal Government, actual and
projected, for fiscal years 1996 through 2004.
This division may be cited as the ``Energy and Water Development
Appropriations Act, 2003''.
[[Page 117 STAT. 159]]
DIVISION E--FOREIGN <<NOTE: Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003.>> OPERATIONS, EXPORT
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS, 2003
Joint Resolution
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, <<NOTE: 12 USC 635 note.>> 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, $512,900,000, 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.
[[Page 117 STAT. 160]]
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, <<NOTE: Termination date. 12 USC 635a note.>> 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.
[[Page 117 STAT. 161]]
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, $44,512,000, to remain available
until September 30, 2004.
In addition, for an additional amount for ``Trade and Development
Agency'' for trade capacity building assistance, $2,500,000, to remain
available until September 30, 2003: Provided, That any funds made
available by this paragraph shall be made available subject to the
regular notification procedures of the Committees on Appropriations.
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
(including transfer of funds)
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, $1,836,500,000, to
remain available until September 30, 2005: 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 $150,000, 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: $324,000,000 for child survival
and maternal health; $27,000,000 for vulnerable children; $591,500,000
for HIV/AIDS including not less than $18,000,000 which should be made
available to support the development of microbicides as a means for
combating HIV/AIDS; $155,500,000 for other infectious diseases;
$368,500,000 for family planning/reproductive health, including in areas
where population growth threatens biodiversity or endangered species;
and $120,000,000 for UNICEF: Provided further, That of the funds
[[Page 117 STAT. 162]]
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $250,000,000 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 the
cumulative amount of United States contributions to the Global Fund may
not exceed the total resources provided by other donors and available
for use by the Global Fund: Provided further, That of the funds
appropriated under this heading that are available for HIV/AIDS programs
and activities, up to $10,500,000 should be made available for the
International AIDS Vaccine Initiative, and up to $100,000,000 should be
made available for the International Mother and Child HIV Prevention
Initiative: Provided further, That of the funds appropriated under this
heading, up to $60,000,000 may be made available for a United States
contribution to The Vaccine Fund, and up to $6,000,000 may be
transferred to and merged with funds appropriated by this Act under the
heading ``Operating Expenses of the United States Agency for
International Development'' for costs directly related to international
health, but funds made available for such costs may not be derived from
amounts made available for contribution under the preceding provisos:
Provided further, That notwithstanding any other provision of this Act,
funds appropriated under this heading that are available for child
survival and health programs shall be apportioned to the United States
Agency for International Development, and the authority of sections
632(a) or 632(b) of the Foreign Assistance Act of 1961, or any
comparable provision of law, may not be used to transfer or allocate any
part of such funds to the Department of Health and Human Services
including any office of that agency, except that the authority of those
sections may be used to transfer or allocate up to $25,000,000 of such
funds to the Centers for Disease Control and Prevention: Provided
further, That of the funds appropriated under this heading, $5,000,000
shall be made available to continue to support the provision of
wheelchairs for needy persons in developing countries: Provided
further, <<NOTE: Abortion. Sterilization.>> 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 <<NOTE: Family
planning.>> 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
[[Page 117 STAT. 163]]
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) <<NOTE: Deadline. Reports.>> 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 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 living with HIV/AIDS
and to reduce the numbers of orphans created by HIV/AIDS.
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, $1,389,000,000, 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 Secretariat, may be
made available except through the regular notification procedures of the
Committees on Appropriations: Provided further, That $159,000,000 should
be allocated for
[[Page 117 STAT. 164]]
trade capacity building: Provided further, That $218,000,000 should be
allocated for basic education, of which $20,000,000 should be made
available only for programs to increase the professional competence of
national and regional education administrators: 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, $25,000,000
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 $18,000,000 should be made available
for the American Schools and Hospitals Abroad program: Provided further,
That of the funds appropriated by this Act, $100,000,000 shall be made
available for drinking water supply projects and related activities.
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, 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, $50,000,000, 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, <<NOTE: Reports. Deadline.>> 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
[[Page 117 STAT. 165]]
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 such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That <<NOTE: Applicability.>> the provisions of section
107A(d) (relating to general provisions applicable to the Development
Credit Authority) of the Foreign Assistance Act of 1961, as contained in
section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct
loans and loan guarantees provided under this heading. In addition, for
administrative expenses to carry out credit programs administered by the
United States Agency for International Development, $7,591,000, which
may be transferred to and merged with the appropriation for Operating
Expenses of the United States Agency for International Development:
Provided further, That funds made available under this heading shall
remain available until September 30, 2007.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $45,200,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of section 667,
$572,000,000: Provided, That <<NOTE: Reports. Deadline.>> none of the
funds appropriated under this heading and under the heading ``Capital
Investment Fund'' 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, $43,000,000, to
remain available until expended: Provided, That this amount is in
addition to funds otherwise available for such purposes: Provided
further, That of the funds appropriated under this heading, up to
$10,000,000 may be made available for costs related to the construction
of temporary, secure facilities for United States Agency for
International Development personnel
[[Page 117 STAT. 166]]
in Afghanistan: Provided further, That the Administrator of the United
States Agency for International Development shall assess fair and
reasonable rental payments for the use of space by employees of other
United States Government agencies in buildings constructed using funds
appropriated under this heading, and such rental payments shall be
deposited into this account as an offsetting collection: Provided
further, That the rental payments collected pursuant to the previous
proviso and deposited as an offsetting collection shall be available for
obligation only pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That the assignment of
United States Government employees or contractors to space in buildings
constructed using funds appropriated under this heading shall be subject
to the concurrence of the Administrator of the United States Agency for
International Development: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on Appropriations.
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,
$33,300,000, 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, $2,270,000,000, to remain available until September 30, 2004:
Provided, <<NOTE: Israel. Deadline.>> 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, <<NOTE: Egypt.>> 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, <<NOTE: President. Israel.>> 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, $250,000,000
should be made available for assistance for Jordan: Provided further,
That of the funds appropriated under this heading, up to $1,000,000
should 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
[[Page 117 STAT. 167]]
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, <<NOTE: Cyprus.>> That not less
than $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, <<NOTE: Lebanon.>> That not less than
$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 notwithstanding section
534(a) of this Act, funds appropriated under this heading that are made
available for assistance for the Central Government of Lebanon shall be
subject to the regular notification procedures of the Committees on
Appropriations: 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 of the funds
appropriated under this heading, $60,000,000 shall be made available for
the United States Agency for International Development for assistance
for Indonesia: Provided further, <<NOTE: Timor-Leste.>> 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 $2,000,000 should be made available for assistance for
countries to implement and enforce the Kimberley Process Certification
Scheme: Provided further, That $3,000,000 should be made available for
the international youth exchange program for secondary school students
from countries with significant Muslim populations: 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 should 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
[[Page 117 STAT. 168]]
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.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2004.
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, $525,000,000, 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, up to $1,000,000 should be made
available for assistance to support training programs for Kosovar women:
Provided further, That not less than $5,000,000 shall be made available
for assistance for the Baltic States: Provided further, That of the
funds made available under this heading for assistance for Bulgaria,
$2,000,000 should be made available to enhance safety at nuclear power
plants.
(b) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
[[Page 117 STAT. 169]]
(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) <<NOTE: Applicability.>> The provisions of section 529 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 529 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) <<NOTE: Termination date.>> 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,
$760,000,000, to remain available until September 30, 2004:
Provided, <<NOTE: Applicability.>> 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, not less than $1,500,000 should
be available only to meet the health and other assistance needs of
victims of trafficking in persons: 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
[[Page 117 STAT. 170]]
102-511) shall be subject to a 6 percent ceiling on administrative
expenses.
(b) Of the funds appropriated under this heading that are made
available for assistance for Ukraine, not less than $20,000,000 should
be made available for nuclear reactor safety initiatives, and not less
than $1,500,000 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)(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 full 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.
(e) Of the funds appropriated under this heading, not less than
$60,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival, basic
education, environmental and reproductive health/family planning, and to
combat HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(f) None of the funds appropriated under this heading may be made
available for assistance for the Government of Ukraine unless the
Secretary of State determines and certifies to the Committees on
Appropriations that, since September 30, 2000, the Government of Ukraine
has not facilitated or engaged in arms sales or arms transfers to Iraq:
Provided, That this paragraph shall not apply to assistance to combat
infectious diseases, nuclear safety programs and activities, or
assistance for victims of trafficking in persons, and to activities
authorized under title V (Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(g) 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);
[[Page 117 STAT. 171]]
(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, $16,200,000, 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,
$18,689,000, 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, <<NOTE: Applicability.>> 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, <<NOTE: Reports.>> 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), $297,000,000, 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: Provided further, That the
Director of the Peace Corps may make appointments or assignments, or
extend current appointments or assignments, to permit United States
citizens to serve for periods in excess of 5 years in the case of
individuals whose appointment or assignment, such as regional safety
security officers and employees within the Office of the Inspector
General, involves the safety of Peace Corps volunteers: Provided
further, That the Director of the Peace Corps may make such appointments
or assignments notwithstanding the provisions of section 7 of the Peace
Corps
[[Page 117 STAT. 172]]
Act limiting the length of an appointment or assignment, the
circumstances under which such an appointment or assignment may exceed 5
years, and the percentage of appointments or assignments that can be
made in excess of 5 years.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $197,000,000, to remain available until
expended: Provided, 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, not less than $5,000,000 shall be
apportioned directly to the Department of the Treasury, International
Affairs Technical Assistance, to be used for financial crimes and law
enforcement technical assistance programs: Provided further, That of the
funds appropriated under this heading, $10,000,000 should be made
available for the demand reduction program: Provided further, That of
the funds appropriated under this heading, $10,000,000 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 $24,180,000 may be
available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $700,000,000, 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 $31,000,000 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, <<NOTE: Colombia.>> That in fiscal
year 2003, funds available to the Department of State for assistance to
the Government of Colombia shall be available to support a unified
campaign against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the
Secretary of State has credible evidence that the Colombian Armed Forces
are not conducting vigorous operations to restore government authority
and respect for human rights in areas under the effective control of
[[Page 117 STAT. 173]]
paramilitary and guerrilla organizations: Provided
further, <<NOTE: President.>> 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 none of the funds appropriated
by this Act may be made available to support a Peruvian air interdiction
program until the Secretary of State and Director of Central
Intelligence certify to the Congress, 30 days before any resumption of
United States involvement in a Peruvian air interdiction program, that
an air interdiction program that permits the ability of the Peruvian Air
Force to shoot down aircraft will include enhanced safeguards and
procedures to prevent the occurrence of any incident similar to the
April 20, 2001 incident: Provided
further, <<NOTE: Deadline. Reports.>> That the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment of
this Act and prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under this
heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That of the amount appropriated
under this heading, not less than $250,000,000 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 should be made
available to support 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 should 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 $1,500,000 should be made available for vehicles,
equipment, and other assistance for the human rights unit of the
Procurador General: Provided further, That not more than 20 percent of
the funds appropriated by this Act that are used for the procurement of
chemicals for aerial coca and poppy fumigation programs may be made
available for such programs unless the Secretary of State, after
consultation with the Administrator of the Environmental Protection
Agency (EPA), certifies to the Committees on Appropriations that: (1)
the herbicide mixture is being used in accordance with EPA label
requirements for comparable use in the United States and any additional
controls recommended by the EPA for this program, and with the Colombian
Environmental Management Plan for aerial fumigation; (2) the herbicide
mixture, in the manner it is being used, does not pose unreasonable
risks or adverse effects to humans or the environment; (3) complaints of
harm to health or licit crops caused by such fumigation are evaluated
and fair compensation is being paid 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, the Government of Colombia, or other organizations, in
consultation with local communities, to provide alternative sources of
income in areas where security permits for small-acreage growers whose
[[Page 117 STAT. 174]]
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, <<NOTE: Applicability.>> That the provisions of section 3204(b)
through (d) 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, <<NOTE: Colombia.>> 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 of the funds
appropriated under this heading, not more than $15,680,000 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 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
[[Page 117 STAT. 175]]
amended (22 U.S.C. 2601(c)), $26,000,000, to remain available until
expended.
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 (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO),
consistent with the provisions of section 562 of this Act, and 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 made
available for demining and related activities, 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 provide not to exceed $250,000 for public-private
partnerships for mine action by grant, cooperative agreement, or
contract.
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), $10,800,000, to remain available until
expended, which shall be available notwithstanding any other provision
of law.
[[Page 117 STAT. 176]]
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 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, Nigeria and Guatemala may only be
provided through the regular notification procedures of the Committees
on Appropriations.
foreign military financing program
(including transfer of funds)
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, <<NOTE: Israel. Egypt.>> 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, <<NOTE: Deadline.>> 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 except as provided in the following
proviso, none of the funds appropriated by this paragraph may be made
available for helicopters and related support costs for Colombia:
Provided further, That up to $93,000,000 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
[[Page 117 STAT. 177]]
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, <<NOTE: Egypt. Deadline.>> 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, $115,000,000: Provided, 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, $147,812,533, to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility,
[[Page 117 STAT. 178]]
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, $850,000,000, to remain available until
expended.
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 $7,609,793.
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, $24,590,667, 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, $97,886,133,
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.
[[Page 117 STAT. 179]]
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, $195,150,000:
Provided, That none of the funds appropriated under this heading may be
made available to the Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency (IAEA): 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: Provided further,
That if the United States does not rejoin the International Coffee
Organization by June 1, 2003, the amount allocated under the previous
proviso should be made available for the United Nations Center for Human
Settlements (UN-HABITAT) in addition to other funds made available for
UN-HABITAT under this heading.
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.
[[Page 117 STAT. 180]]
private and voluntary organizations
Sec. 502. <<NOTE: 22 USC 2151u note.>> (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
[[Page 117 STAT. 181]]
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 or under prior foreign operations, export financing, and related
programs appropriations Acts may be provided for humanitarian and relief
assistance for Iraq notwithstanding the provisions of this section or
any other provision of 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, except that
notifications shall be transmitted at least 5 days in advance of
obligations of funds: Provided
further, <<NOTE: President. Reports. Deadline.>> That the President
shall submit a report to the Committees on Appropriations on the status
of the allocation, obligation and expenditure of funds made available
for Iraq not later than every 60 days during fiscal year 2003, beginning
on March 1, 2003: Provided further, That each such report shall include
information on programs, projects, and activities that are being funded
or will be funded with such assistance or financing, and the departments
and agencies responsible for managing each such program, project, and
activity: Provided further, <<NOTE: Expiration date.>> That the
authority of the second proviso of this section to provide assistance
for Iraq shall expire on the date of enactment of the first subsequent
supplemental appropriations Act for fiscal year 2003 that contains
supplemental funding for appropriations accounts contained in this Act.
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
[[Page 117 STAT. 182]]
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. (a) None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
(b) Notwithstanding subsection (a), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this Act
to carry out the purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(c) 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, not less than five days 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 of the House of Representatives and the
Senate.
(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between the United
States Agency for International Development and another agency of the
United States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Office of the Inspector General for the
agency receiving the transfer or allocation of such funds shall perform
periodic program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be made
available for the cost of such audits.
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
[[Page 117 STAT. 183]]
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 4 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 a program
for which funds are appropriated under this Act unless the President
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
[[Page 117 STAT. 184]]
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug
Initiative'',``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet Union'',
``Economic Support Fund'', ``Peacekeeping Operations'', ``Capital
Investment Fund'', ``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 Committees on Appropriations 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
[[Page 117 STAT. 185]]
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) <<NOTE: 22 USC 5814 note.>> 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
[[Page 117 STAT. 186]]
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.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. 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.
export financing transfer authorities
Sec. 519. 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
[[Page 117 STAT. 187]]
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. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Liberia, Serbia, Sudan, Zimbabwe,
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. 521. 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, country, regional, and
program level funding, either as:
(1) <<NOTE: Reports. Deadline.>> 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. 522. Up to $13,500,000 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 disease 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
[[Page 117 STAT. 188]]
assistance is for child survival and related programs: Provided further,
That of the funds appropriated under title II of this Act, not less than
$446,500,000 shall be made available for family planning/reproductive
health.
afghanistan
Sec. 523. Of the funds appropriated by title II of this Act, not
less than $295,500,000 shall be made available for humanitarian,
reconstruction, and related assistance for Afghanistan: Provided, That
of the funds made available pursuant to this section, not less than
$50,000,000 should be from funds appropriated under the heading
``Economic Support Fund'' for rehabilitation of primary roads,
implementation of the Bonn Agreement and women's development, of which
not less than $5,000,000 is to support activities coordinated by the
Afghan Ministry of Women's Affairs, including the establishment and
support of multi-service women's centers in Afghanistan: Provided
further, That of the funds made available pursuant to this section from
``Development Assistance'', ``International Disaster Assistance'' and
``Transition Initiatives'', high priority should be placed on girls' and
women's education, health, legal and social rights, economic
opportunities, and political participation by women: Provided further,
That assistance should be made available to communities and families
that were adversely affected by the military operations: Provided
further, That of the funds made available pursuant to this section, up
to $9,850,000 may be transferred to and merged with funds appropriated
by this Act under the headings ``Operating Expenses of the United States
Agency for International Development'' and ``Operating Expenses of the
United States Agency for International Development Inspector General''.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
authorization requirement
Sec. 525. 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'', ``Peace
[[Page 117 STAT. 189]]
Corps'', 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. 526. (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
$15,000,000 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: 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 the Tibetan Autonomous Region and in other Tibetan
communities in China: 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 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 $15,000,000 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 not less than $3,000,000 should
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) Of the funds made available under subsection (a), not less than
$9,000,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, to support the activities described in subsection (a), and of the
funds made available under subsection (b), not less than $7,000,000
shall be made available for such Fund to support the activities
described in subsection (b): Provided, That funds made available in this
section for such Fund are in addition to the $12,000,000 requested by
the President for the Fund for fiscal year 2003.
[[Page 117 STAT. 190]]
(d) Of the funds made available under subsection (a), not less than
$3,000,000 shall be made available for the National Endowment for
Democracy to support the activities described in subsection (a), and of
the funds made available under subsection (b), not less than $5,000,000
shall be made available for the National Endowment for Democracy to
support the activities described in subsection (b):
Provided, <<NOTE: Reports. Deadline.>> That the funds appropriated by
this Act that are made available for the National Endowment for
Democracy may be made available notwithstanding any other provision of
law or regulation, and the Secretary of State shall provide a report to
the Committees on Appropriations within 120 days of the date of
enactment of this Act on the status of the allocation, obligation, and
expenditure of such funds.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (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 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 a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: President. Federal
Register, publication. Notification.>> The President shall publish each
waiver in the Federal Register and, at least 15 days before the waiver
takes effect, 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.
debt-for-development
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in 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 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. 529. <<NOTE: 22 USC 2362 note.>> (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;
[[Page 117 STAT. 191]]
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The United States Agency for
International Development shall take all necessary steps to ensure that
the equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the United States
Agency for International Development shall report on an annual basis as
part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is made
available to the government of a foreign country, under chapter 1 or 10
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (House Report No.
98-1159).
[[Page 117 STAT. 192]]
(3) <<NOTE: President.>> 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. 530. (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. 531. <<NOTE: 50 USC 1701 note.>> 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. 532. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior
[[Page 117 STAT. 193]]
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. <<NOTE: Reports.>> 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. 533. 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. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of War,
Displaced Children, 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 Lebanon, Montenegro, and 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.
(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
[[Page 117 STAT. 194]]
Development to employ up to 20 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 managed by the agency until permanent
direct hire personnel are hired and trained: Provided, That not more
than 7 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 Procurement; the Bureau for
Africa; 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) Shipment of Humanitarian Assistance.--During fiscal year 2003,
of the amounts made available by the United States Agency for
International Development to carry out the provisions of section 123(b)
of the Foreign Assistance Act of 1961, funds may be made available to
nongovernmental organizations for administrative costs necessary to
implement a program to obtain available donated space on commercial
ships for the shipment of humanitarian assistance overseas.
(h) 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.
(i) 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, <<NOTE: 114
Stat. 1900A-39.>> are hereby repealed.
(j) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $6,000,000 should be made available
[[Page 117 STAT. 195]]
as a general contribution to the World Food Program, notwithstanding any
other provision of law.
arab league boycott of israel
Sec. 535. It is the sense of the Congress 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. 536. Of the funds appropriated or otherwise made available by
this Act for ``Economic Support Fund'', assistance may be provided to
strengthen the administration of justice in countries in Latin America
and the Caribbean and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except that
programs to enhance protection of participants in judicial cases may be
conducted notwithstanding section 660 of that Act. Funds made available
pursuant to this section may be made available notwithstanding section
534(c) and the second and third sentences of section 534(e) of the
Foreign Assistance Act of 1961.
eligibility for assistance
Sec. 537. (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
[[Page 117 STAT. 196]]
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, <<NOTE: President. Notification.>> 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. 538. (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.
[[Page 117 STAT. 197]]
ceilings and earmarks
Sec. 539. 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. 540. 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. 541. 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. 542. 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.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 543. (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. <<NOTE: Termination date.>> The prohibition under this section
with respect to a foreign government shall terminate 12 months after
that government ceases to provide such military
equipment. <<NOTE: Applicability.>> 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) <<NOTE: President. Reports.>> Whenever the waiver authority of
subsection (b) is exercised, the President shall submit to the
appropriate congressional committees a report with respect to the
furnishing of such assistance.
[[Page 117 STAT. 198]]
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.
withholding of assistance for parking fines owed by foreign countries
Sec. 544. <<NOTE: District of Columbia. New
York. Certification. Reports.>> (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. 545. 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. 546. 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 the
drawdown made under this section for any tribunal shall not be construed
as an
[[Page 117 STAT. 199]]
endorsement or precedent for the establishment of any standing or
permanent international criminal tribunal or court: 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. 547. 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. 548. 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. 549. 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.
restrictions on voluntary contributions to united nations agencies
Sec. 550. None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United
[[Page 117 STAT. 200]]
States to the United Nations (including the United Nations Development
Program) if the United Nations implements or imposes any taxation on any
United States persons.
caribbean basin
Sec. 551. (a) 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.
(b) Of the funds appropriated by title II of this Act and of the
funds appropriated to carry out food assistance programs managed by the
United States Agency for International Development, a total of not less
than $52,500,000 should be allocated for assistance for Haiti in fiscal
year 2003.
(c) Of the funds appropriated by title II of this Act, a total of
$37,680,000 should be allocated for assistance for Nicaragua and
$40,130,000 should be allocated for assistance for Honduras, to address
the conditions of increasing poverty in the rural sectors of those
countries through programs that support, among other things, increased
agricultural production and other income generating opportunities,
improved health, and expanded education opportunities, especially for
disadvantaged youth.
limitation on assistance to the palestinian authority
Sec. 552. (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. 553. <<NOTE: Human rights.>> 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, <<NOTE: Notification.>> 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
[[Page 117 STAT. 201]]
measures to bring the responsible members of the security forces to
justice.
protection of biodiversity and tropical forests
Sec. 554. Of the funds appropriated under the heading ``Development
Assistance'', not less than $145,000,000 should be made available for
programs and activities which directly protect biodiversity, including
forests, in developing countries: Provided, That of the funds made
available under this section, $50,000,000 shall be made 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
made 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.
energy conservation, energy efficiency and clean energy programs
Sec. 555. (a) Funding.--Of the funds appropriated by this Act, not
less than $175,000,000 should be made available to support policies and
programs in developing countries and countries in transition 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.
(b) Greenhouse Gas Emissions Report.--
<<NOTE: Deadline. President.>> 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: (i) to
promote the transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies; (ii) to
assist in the measurement, monitoring, reporting, verification,
and reduction of greenhouse gas emissions; (iii) to promote
carbon capture and sequestration measures; (iv) to help meet
such countries' responsibilities under the Framework Convention
on Climate Change; and (v) to develop assessments of the
vulnerability to impacts of climate change and mitigation and
adaptation response strategies.
[[Page 117 STAT. 202]]
zimbabwe
Sec. 556. <<NOTE: 22 USC 2151 note.>> 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. None of the funds appropriated under the headings
``International Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for Nigeria
until the President certifies to the Committees on Appropriations 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: Provided, That
the President may waive such prohibition if he determines that doing so
is in the national security interest of the United States: Provided
further, <<NOTE: President. Reports.>> That prior to exercising such
waiver authority, the President shall submit a report to the Committees
on Appropriations describing the involvement of the Nigerian Armed
Forces in the incident in Benue State, the measures that are being taken
to bring such individuals to justice, and whether any Nigerian Armed
Forces units involved with the incident in Benue State are receiving
United States assistance.
burma
Sec. 558. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $7,000,000 shall be made available to
support democracy activities in Burma, along the Burma-Thailand border,
for activities of Burmese student groups and other organizations located
outside Burma, and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's borders:
Provided, That of this amount $500,000 should be made available to
support newspapers, publications, and other media activities promoting
democracy inside Burma: Provided further, That funds made available
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. <<NOTE: President. Reports.>> 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
[[Page 117 STAT. 203]]
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 should 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, programs for the prevention, treatment, and control of,
and research on, HIV/AIDS, tuberculosis, malaria, polio and other
infectious diseases, programs to combat human trafficking that are
provided through nongovernmental organizations, and for the Ministry of
Women and Veterans Affairs to combat human trafficking.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $5,000,000 may be made available for
activities to support democracy, including assistance for democratic
political parties.
(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 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. <<NOTE: Deadline.>> (a) The Secretary of Defense and the
Secretary of State shall jointly provide to the Congress by May 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
[[Page 117 STAT. 204]]
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 $5,000,000 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.
palestinian statehood
Sec. 563. (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 has
been democratically elected through credible and competitive
elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures;
(C) is establishing a new Palestinian security
entity that is fully cooperative with appropriate
Israeli and other appropriate security organizations;
and
(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
[[Page 117 STAT. 205]]
(b) Sense of Congress.--It is the sense of Congress that the newly
elected governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he determines
that it is vital to the national security interests of the United States
to do so.
(d) Exemption.--The restriction in 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 section 552 of this Act (``Limitation on Assistance to the
Palestinian Authority'').
colombia
Sec. 564. (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 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 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 is punishing those members of the
Colombian Armed Forces found to have committed such
violations of human rights or to have aided or abetted
paramilitary organizations.
(C) 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).
(D) 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.
(E) The Colombian Armed Forces are executing orders
for capture of leaders of paramilitary organizations
that continue armed conflict.
[[Page 117 STAT. 206]]
(3) The balance of such funds may be obligated after July
31, 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) <<NOTE: Deadline. Human rights.>> 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. 565. (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. 566. 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. 567. 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 political transition in Iraq: Provided, That
none of the funds made available pursuant to the
[[Page 117 STAT. 207]]
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 section are made available subject to the regular notification
procedures of the Committees on Appropriations.
west bank and gaza program
Sec. 568. <<NOTE: Deadline. Certification.>> (a) Oversight.--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.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual or entity that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity. The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out this
subsection.
(c) Audits.--(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant subcontractors
and subgrantees, under the West Bank and Gaza Program, are conducted at
least on an annual basis to ensure, among other things, compliance with
this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance for the
West Bank and Gaza, up to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for International
Development for audits, inspections, and other activities in furtherance
of the requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
indonesia
Sec. 569. 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 for the Indonesian Armed Forces, 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 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,
[[Page 117 STAT. 208]]
and is punishing those members of the Indonesian Armed Forces
found to have committed such violations of human rights or to
have aided or abetted militia groups;
(3) 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
(4) the Minister of Defense is making publicly available
audits of receipts and expenditures of the Indonesian Armed
Forces.
restrictions on assistance to governments destabilizing sierra leone
Sec. 570. (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 aided or abetted, within the previous 6 months, in the
illicit distribution, transportation, or sale of diamonds mined in
Sierra Leone.
(b) <<NOTE: Notification.>> Whenever the prohibition on assistance
required under subsection (a) is exercised, the Secretary of State shall
notify the Committees on Appropriations in a timely manner.
voluntary separation incentives
Sec. 571. 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, <<NOTE: 5 USC 5597 note.>> is amended by
striking ``December 31, 2002'' and inserting in lieu thereof ``January
1, 2003''.
contributions to united nations population fund
Sec. 572. Funds appropriated in Public Law 107-115 that were
available for the United Nations Population Fund (UNFPA), and an equal
amount in this Act, shall be made available for the UNFPA if the
President determines that the UNFPA no longer supports or participates
in the management of a program of coercive abortion or involuntary
sterilization: Provided, That none of the funds made available for the
UNFPA may be used in the People's Republic of China: Provided
further, <<NOTE: Abortion. Applicability.>> That the other conditions on
availability of funds for abortion and abortion-related activities
contained in either this Act or Public Law 107-115, including but not
limited to section 576(c), shall apply to any assistance provided for
the UNFPA in this Act or Public Law 107-115, respectively: Provided
further, <<NOTE: Applicability.>> 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 the amount of funds that the UNFPA plans to spend
in the People's Republic of China in calendar years 2002 and 2003, as
determined by the Secretary of State, shall be deducted from funds made
available to the UNFPA under Public Law 107-115 and this Act.
[[Page 117 STAT. 209]]
procurement and financial management reform
Sec. 573. (a) <<NOTE: Certification.>> Funding Conditions.--Of the
funds made available under the heading ``International Financial
Institutions'' in this Act, 10 percent of the United States portion or
payment to such International Financial Institution shall be withheld by
the Secretary of the Treasury, until the Secretary certifies to the
Committees on Appropriations that, to the extent pertinent to its
lending programs, the institution is--
(1) implementing procedures for conducting annual audits by
qualified independent auditors for all new investment lending;
(2) implementing procedures for annual independent external
audits of central bank financial statements for countries making
use of International Monetary Fund resources under new
arrangements or agreements with the Fund;
(3) taking steps to establish an independent fraud and
corruption investigative organization or office;
(4) implementing a process to assess a recipient country's
procurement and financial management capabilities including an
analysis of the risks of corruption prior to initiating new
investment lending; and
(5) taking steps to fund and implement programs and policies
to improve transparency and anti-corruption programs and
procurement and financial management controls in recipient
countries.
(b) Definitions.--The term ``International Financial Institutions''
means the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Inter-American
Investment Corporation, the Enterprise for the Americas Multilateral
Investment Fund, the Asian Development Bank, the Asian Development Fund,
the African Development Bank, the African Development Fund, the European
Bank for Reconstruction and Development, and the International Monetary
Fund.
central asia
Sec. 574. (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 6 month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees on
Appropriations that such a waiver is in the national security interests
of the United States.
[[Page 117 STAT. 210]]
(d) <<NOTE: Deadline. Reports.>> Not later than October 1, 2003, 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 6-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.
(e) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
commercial leasing of defense articles
Sec. 575. 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. 576. (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 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) <<NOTE: Applicability.>> 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 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.
[[Page 117 STAT. 211]]
(c) <<NOTE: Deadline.>> 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) <<NOTE: Human rights.>> 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. 577. 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. 578. (a) Funds appropriated by this Act may be made available
for assistance for Serbia after June 15, 2003, if the President has made
the determination and certification contained in subsection (c).
(b) After June 15, 2003, the Secretary of the Treasury should
instruct the United States executive directors to the international
[[Page 117 STAT. 212]]
financial institutions to support loans and assistance to the Government
of the Federal Republic of Yugoslavia (or a government of a successor
state) 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
(or a successor state) through international financial institutions.
(c) <<NOTE: President.>> 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 (or a government of a successor
state) is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law, including the
release of political prisoners from Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo, humanitarian
assistance or assistance to promote democracy in municipalities.
prohibition on taxation of united states assistance
Sec. 579. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance for
a foreign country under a new bilateral agreement governing the terms
and conditions under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided by the
United States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as necessary,
to conform with this requirement.
(b) <<NOTE: Certification. Reports.>> Reimbursement of Foreign
Taxes.--An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2003 by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through grantees,
contractors and subcontractors, as of the date of the enactment of this
Act, shall be withheld from obligation from funds appropriated for
assistance for fiscal year 2004 and allocated for the central government
of such country and for the West Bank and Gaza Program to the extent
that the Secretary of State certifies and reports in writing to the
Committees on Appropriations that such taxes have not been reimbursed to
the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Refund to the Treasury and Reprogramming of Funds.--Of the funds
withheld from obligation for each country or entity pursuant to
subsection (b), one-half may become available for reprogramming for
other purposes (pursuant to section 515
[[Page 117 STAT. 213]]
of this Act and consistent with the purposes for which such funds were
originally appropriated) and one-half shall be deposited in the General
Fund of the Treasury on, or within 5 days after, September 1, 2004,
pursuant to the certification required under subsection (b).
(e) <<NOTE: Regulations.>> Implementation.--The Secretary of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(f) <<NOTE: Deadline.>> Report.--Not later than February 1, 2004,
the Comptroller General of the United States shall submit a report to
the Committees on Appropriations which assesses the following--
(1) the extent to which existing bilateral agreements
provide exemption from taxation;
(2) the status of negotiations of new framework bilateral
agreements or modifications of existing framework bilateral
agreements;
(3) the reasons why new framework bilateral agreements or
modifications of existing bilateral agreements, entered into
within the previous 5 years, have (as appropriate) failed to
include exemption from taxation; and
(4) the administrative procedures that foreign governments
use to ensure that United States assistance commodities are not
taxed or, if they are, that such taxes are reimbursed to the
United States Government, and the adequacy of those procedures.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
gao report
Sec. 580. <<NOTE: Deadline.>> Not later than November 1, 2003, the
Comptroller General of the United States shall provide a report to the
Committees on Appropriations on the extent to which the Department of
State is complying with section 301(c) of the Foreign Assistance Act of
1961, and on the implementation of procedures that have been established
to meet the standards of the Department of State regarding compliance
with the requirements of section 301(c).
training program evaluation
Sec. 581. <<NOTE: Deadline. Reports.>> Not later than June 30, 2003,
the Secretary of State, in consultation with the Secretary of Defense,
shall submit a report to the Committees on Appropriations describing in
detail the steps that the Departments of State and Defense are making to
improve performance evaluation procedures for the International Military
[[Page 117 STAT. 214]]
Education and Training (IMET) program and the progress that the
Departments of State and Defense are making in implementing section 548
of the Foreign Assistance Act of 1961.
community-based police assistance
Sec. 582. <<NOTE: 22 USC 2151 note.>> (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 and El
Salvador through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to foster
civilian police roles that support democratic governance including
assistance for programs to prevent conflict and foster improved police
relations with the communities they serve.
(b) Report.--
(1) The Administrator of the United States Agency for
International Development shall submit, at the time of
submission of the agency's Congressional Budget Justification
Document for fiscal year 2004, and annually thereafter, a report
to the Committees on Appropriations describing the progress
these programs are making toward improving police relations with
the communities they serve and institutionalizing an effective
community-based police program.
(2) The requirements of paragraph (1) are in lieu of the
requirements contains in section 587(b) of Public Law 107-115.
(c) Notification.--Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
overseas private investment corporation and export-import bank
restrictions
Sec. 583. (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.
[[Page 117 STAT. 215]]
trade capacity building
Sec. 584. Of the funds appropriated by this Act, under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', and ``International Organizations and
Programs'', not less than $452,000,000 should be made available for
trade capacity building assistance.
transparency and accountability
Sec. 585. (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) <<NOTE: Deadline.>> 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.
american churchwomen and other citizens in el salvador and guatemala
Sec. 586. <<NOTE: Barbara Ann Ford.>> (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) <<NOTE: Deadline. President.>> 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
[[Page 117 STAT. 216]]
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.
This division may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003''.
DIVISION F--INTERIOR <<NOTE: Department of the Interior and Related
Agencies Appropriations Act, 2003.>> AND RELATED AGENCIES
APPROPRIATIONS, 2003
Joint Resolution
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)), $825,712,000, 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 $2,500,000 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
[[Page 117 STAT. 217]]
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 $825,712,000,
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, $654,406,000, 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:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into non-competitive sole source leases of
real property with local governments, at or below fair market value,
[[Page 117 STAT. 218]]
to construct capitalized improvements for fire facilities on such leased
properties, including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities, and to
make advance payments for any such lease or for construction activity
associated with the lease.
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, $11,976,000, 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), $220,000,000, 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, $33,450,000, 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
[[Page 117 STAT. 219]]
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, <<NOTE: 43 USC 1735 note.>> 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
[[Page 117 STAT. 220]]
such action are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of amounts
needed to repair damage to the exact land for which funds were collected
may be used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on her certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and wildlife
resources, except whales, seals, and sea lions, maintenance of the herd
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized functions
related to such resources by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities, $917,429,000, 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
[[Page 117 STAT. 221]]
(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 $6,000,000 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;
$54,427,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, a single procurement for the
expansion of the Clark R. Bavin Forensics Laboratory in Oregon 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: Provided further,
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, $73,370,000, 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
(including rescission)
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 private conservation efforts to be
carried out on private lands, $40,000,000, to be derived
[[Page 117 STAT. 222]]
from the Land and Water Conservation Fund and to remain available until
expended: Provided, That the amount provided herein is for a Landowner
Incentive Program established by the Secretary that provides matching,
competitively awarded grants to States, the District of Columbia,
Tribes, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and American Samoa, to establish, or
supplement existing, landowner incentive programs that provide technical
and financial assistance, including habitat protection and restoration,
to private landowners for the protection and management of habitat to
benefit federally listed, proposed, or candidate species, or other at-
risk species on private lands: Provided further, That from unobligated
balances of prior year appropriations, an amount of $40,000,000 is
rescinded.
stewardship grants
(including rescission)
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 private conservation efforts to be
carried out on private lands, $10,000,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended:
Provided, That the amount provided herein is for the Secretary to
establish a Private Stewardship Grants Program to provide grants and
other assistance to individuals and groups engaged in private
conservation efforts that benefit federally listed, proposed, or
candidate species, or other at-risk species: Provided further, That from
unobligated balances of prior year appropriations, an amount of
$10,000,000 is rescinded.
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, of
which $29,529,000 is to be derived from the Cooperative Endangered
Species Conservation Fund and $51,471,000 is to be derived from the Land
and Water 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),
$3,000,000, to remain available until expended.
[[Page 117 STAT. 223]]
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), $4,800,000, 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, $65,000,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended: Provided, That of the amount provided herein,
$5,000,000 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,
[[Page 117 STAT. 224]]
together with funds appropriated in 2005, in the manner provided herein:
Provided further, That balances from amounts previously appropriated
under the heading ``State Wildlife Grants'' shall be transferred to and
merged with this appropriation and shall remain available until
expended.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 102
passenger motor vehicles, of which 75 are for replacement only
(including 39 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That the United States Fish and
Wildlife Service is authorized to grant $500,000 appropriated in Public
Law 107-63 for land acquisition to the Narragansett Indian Tribe for
acquisition of the Great Salt Pond burial tract: Provided further, That
notwithstanding any other provision of law, the Secretary of the
Interior may not spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the establishment
of any new unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures contained
in Senate Report 105-56.
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, $1,565,565,000, of which $10,878,000 for
planning and interagency coordination in support of Everglades
restoration shall remain available until expended; of which $85,280,000,
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; and of which $2,000,000 is
for the Youth Conservation Corps for high priority projects: Provided,
That the only funds
[[Page 117 STAT. 225]]
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, $61,667,000.
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.), $300,000,
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), $69,000,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2004: Provided, That, of the amount provided herein,
$2,000,000, to remain available until expended, is for a grant for the
perpetual care and maintenance of National Trust Historic Sites, as
authorized under 16 U.S.C. 470a(e)(2), to be made available in full upon
signing of a grant agreement: Provided further, That, notwithstanding
any other provision of law, these funds shall be available for
investment with the proceeds to be used for the same purpose as set out
herein: Provided further, 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 and the Secretary of the Interior in consultation with
the President's Committee on the Arts and Humanities 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 House
[[Page 117 STAT. 226]]
and Senate Committees on Appropriations and the President's Committee on
the Arts and Humanities.
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,
$327,843,000, to remain available until expended, of which $1,800,000
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, of which not to exceed
$3,000,000 is for site acquisition for the proposed Morris Thompson
Cultural and Visitors Center, to be made available to the Tanana Chiefs
Conference under an Annual Funding Agreement through the Indian Self-
Determination and Education Assistance Act, and of which $400,000 is for
the Alice Ferguson Foundation for facility upgrade and rehabilitation at
the Hard Bargain Farm: Provided, That none of the funds in this or any
other Act, may be used to pay the salaries and expenses of more than 160
Full Time Equivalent personnel working for the National Park Service's
Denver Service Center funded under the construction program management
and operations activity: Provided further, That none of the funds
provided in this or any other Act may be used to pre-design, plan, or
construct any new facility (including visitor centers, curatorial
facilities, administrative buildings), for which appropriations have not
been specifically provided if the net construction cost of such facility
is in excess of $5,000,000, without prior approval of the House and
Senate Committees on <<NOTE: Applicability.>> Appropriations: Provided
further, That this restriction applies to all funds available to the
National Park Service, including partnership and fee demonstration
projects: Provided further, That the National Park Service may transfer
to the City of Carlsbad, New Mexico, funds for the construction of the
National Cave and Karst Research Institute to be built and operated in
accordance with provisions in Public Law 105-325 and all other
applicable laws and regulations. Title to the Institute will be held by
the City of Carlsbad.
land and water conservation fund
(rescission)
The <<NOTE: 16 USC 460l-10a note.>> 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, $172,468,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $98,000,000 is for the State assistance program including
$3,000,000 to administer the State assistance program: Provided, That of
the amounts provided under this heading, $15,000,000 may be for Federal
grants, including Federal administrative expenses, to the State of
Florida
[[Page 117 STAT. 227]]
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, <<NOTE: Reports.>> 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.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
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 <<NOTE: 16 USC 1h.>> 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, <<NOTE: 16 USC 1i.>> 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
[[Page 117 STAT. 228]]
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; $925,287,000, of which $64,855,000 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 $24,623,000 shall be available until September 30, 2004, for the
operation and maintenance of facilities and deferred maintenance; and of
which $170,926,000 shall be available until September 30, 2004, for the
biological research activity and the operation of the Cooperative
Research Units: Provided, That none of these funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, <<NOTE: 43 USC 50.>> 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 provisions
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.: Provided
further, <<NOTE: 43 USC 36d.>> That notwithstanding the provisions
[[Page 117 STAT. 229]]
of the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C.
6301-6308), the United States Geological Survey is authorized to
continue existing, and hereafter, to enter into new cooperative
agreements directed towards a particular cooperator, in support of joint
research and data collection activities with Federal, State, and
academic partners funded by appropriations herein, including those that
provide for space in cooperator facilities.
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, $165,321,000, 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
[[Page 117 STAT. 230]]
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, <<NOTE: 30 USC 1211
note.>> 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
[[Page 117 STAT. 231]]
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, $1,857,319,000, to remain
available until September 30, 2004 except as otherwise provided herein,
of which not to exceed $87,857,000 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 $447,985,000 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,
[[Page 117 STAT. 232]]
and 25 U.S.C. 2008, not to exceed $45,065,000 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, <<NOTE: Expiration date.>> That any such unobligated
balances not so transferred shall expire on September 30, 2005: Provided
further, That ISEP contingency funds may be used to cover expenses for
negotiated rulemaking required by Public Law 107-110.
construction
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $348,252,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal year 2003,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as amended, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in 43
CFR part 12 as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in 25
U.S.C. 2505(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $60,949,000, to remain available
until expended; of which $24,870,000 shall be available
[[Page 117 STAT. 233]]
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 $31,011,000 shall be available pursuant to Public Laws 99-
264, 100-580, 106-263, 106-425, and 106-554: Provided, That of the
amount provided for implementation of Public Law 106-263, $3,000,000 for
a water rights and habitat acquisition program shall be derived from the
Land and Water Conservation Fund.
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.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
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
[[Page 117 STAT. 234]]
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, $76,217,000, of which:
(1) $70,922,000 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 <<NOTE: 48 USC 1469b.>> 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
[[Page 117 STAT. 235]]
Law 104-134: Provided further, <<NOTE: Grants. Close Up
Foundation.>> 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, $20,985,000, 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.
[[Page 117 STAT. 236]]
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, $141,277,000,
to remain available until expended, of which $15,000,000 is for
historical accounting: Provided, That funds for trust management
improvements may be transferred, as needed, to the Bureau of Indian
Affairs ``Operation of Indian Programs'' account and to the Departmental
Management ``Salaries and Expenses'' account: Provided further, That
funds made available to Tribes and Tribal organizations through
contracts or grants obligated during fiscal year 2003, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including any claim
in litigation pending on the date of the enactment of this Act,
concerning losses to or mismanagement of trust funds, until the affected
tribe or individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there has been a
loss: Provided further, That <<NOTE: 25 USC 4011 note.>> 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, <<NOTE: Records.>> 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.
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
[[Page 117 STAT. 237]]
(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
[[Page 117 STAT. 238]]
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.
[[Page 117 STAT. 239]]
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. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 113. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of 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 and reform activities.
Sec. 114. Notwithstanding <<NOTE: 16 USC 460bb-3 note.>> any other
provision of law, the Secretary of the Interior hereafter has ongoing
authority to negotiate and enter into agreements and leases, without
regard to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b), with any person, firm, association, organization,
corporation, or governmental entity, for all or part of the property
within Fort Baker administered by the Secretary as part of the Golden
Gate National Recreation Area. The proceeds of the agreements or leases
or any statutorily authorized fees, hereafter shall be retained by the
Secretary and such proceeds shall remain available until
[[Page 117 STAT. 240]]
expended, without further appropriation, for the preservation,
restoration, operation, maintenance, interpretation, public programs,
and related expenses of the National Park Service and nonprofit park
partners incurred with respect to Fort Baker properties.
Sec. 115. 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. 116. 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. 117. 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. 118. (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. 119. 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. 120. 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.
[[Page 117 STAT. 241]]
Sec. 121. 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. 122. Tribal <<NOTE: 25 USC 2501 note.>> 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.
[[Page 117 STAT. 242]]
(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. 123. 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. 124. 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. 125. Funds provided in this Act for Federal land acquisition by
the National Park Service for Shenandoah Valley Battlefields National
Historic District, and Ice Age National Scenic Trail may be used for a
grant to a State, a local government, or any other governmental land
management entity for the acquisition of lands without regard to any
restriction on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of 1965 as amended.
Sec. 126. 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. 127. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when such
pedestrian use is consistent with generally accepted safety standards.
Sec. 128. <<NOTE: 16 USC 459j-4 note.>> None of the funds made
available in this or any other Act for any fiscal year may be used to
designate, or to post any sign designating, any portion of Canaveral
National Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 129. Notwithstanding any other provision of law, the United
States Fish and Wildlife Service may use funds appropriated in this Act
for incidental expenses related to promoting and celebrating the
Centennial of the National Wildlife Refuge System.
[[Page 117 STAT. 243]]
Sec. 130. The National Park Service may in fiscal year 2003 and
thereafter enter into a cooperative agreement with and transfer funds to
Capital Concerts, a nonprofit organization, for the purpose of carrying
out programs pursuant to 31 U.S.C. 6305.
Sec. 131. <<NOTE: Deadline. Reports.>> No later than 30 days after
enactment of this Act, the Secretary of the Interior shall provide to
the House and Senate Committees on Appropriations and the House
Committee on Resources and the Senate Committee on Indian Affairs a
summary of the Ernst and Young report on the historical accounting for
the five named plaintiffs in Cobell v. Norton. The summary shall not
provide individually identifiable financial information, but shall fully
describe the aggregate results of the historical accounting.
Sec. 132. None of the funds in this or any other Act for the
Department of the Interior or the Department of Justice can be used to
compensate the Special Master and the Special Master-Monitor, and all
variations thereto, appointed by the United States District Court for
the District of Columbia in the Cobell v. Norton litigation at an annual
rate that exceeds 200 percent of the highest Senior Executive Service
rate of pay for the Washington-Baltimore locality pay area.
Sec. 133. <<NOTE: Deadline. 15 USC 4046 note.>> Within 90 days of
enactment of this Act the Special Trustee for American Indians, in
consultation with the Secretary of the Interior and the Tribes, shall
appoint new members to the Special Trustee Advisory Board.
Sec. 134. The Secretary of the Interior may use discretionary funds
to pay private attorneys fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Norton to the extent that such fees and costs
are not paid by the Department of Justice or by private insurance. In no
case shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest hourly rate
approved by the District Court for the District of Columbia for counsel
in Cobell v. Norton.
Sec. 135. Section 124(a) of the Department of the Interior and
Related Agencies Appropriation Act, 1997 (16 U.S.C. 1011 (a)), as
amended, is further amended by inserting after the phrase
``appropriations made for the Bureau of Land Management'' the phrase
``including appropriations for the Wildland Fire Management account
allocated to the National Park Service, Fish and Wildlife Service, and
Bureau of Indian Affairs''.
Sec. 136. Public Law 107-106 is amended as follows: in section
5(a) <<NOTE: 115 Stat. 1010.>> strike ``9 months after the date of
enactment of the Act'' and insert in lieu thereof ``September 30,
2003''.
Sec. 137. Notwithstanding any other provision of law, the funds
provided in the Labor, Health and Human Services, Education and Related
Agencies Appropriations Act of 2002, Public Law 107-116, for the
National Museum of African American History and Culture Plan for Action
Presidential Commission shall remain available until expended.
Sec. 138. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from Federally operated
or Federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
[[Page 117 STAT. 244]]
Sec. 139. <<NOTE: Federal buildings and facilities. New Mexico. 16
USC 668dd note.>> The visitor center at the Bitter Lake National
Wildlife Refuge in New Mexico shall be named for Joseph R. Skeen and,
hereafter, shall be referred to in any law, document, or record of the
United States as the ``Joseph R. Skeen Visitor Center''.
Sec. 140. <<NOTE: 16 USC 195 note.>> 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. 141. Section 6(f) of Public Law 88-578 as amended shall not
apply to LWCF program #02-00010.
Sec. 142. <<NOTE: 40 USC 8903 note.>> 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. 143. 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. 144. 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. 145. (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. 146. 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. 147. Not to exceed $650,000 of the funds made available under
the heading ``United States Fish and Wildlife Service, Construction'' in
Public Law 107-63 for hangar roof replacement at Midway Atoll National
Wildlife Refuge, and such sums as may be necessary from ``Departmental
Management, Salaries and Expenses'', may be transferred to ``United
States Fish and Wildlife Service, Resource Management'' for operational
needs at Midway Atoll National Wildlife Refuge.
Sec. 148. Public Law 107-331 is amended in sections 301(b) and
301(d) <<NOTE: 116 Stat. 2843, 2844.>> by striking the word
``Secretary'' each place it appears
[[Page 117 STAT. 245]]
and inserting in lieu thereof the word ``Director'', and by striking the
text of section 301(c)(3) <<NOTE: 116 Stat. 2844.>> and inserting in
lieu thereof ``Director.--The term `Director' means the Director of the
Institute of Museum and Library Services.''.
Sec. 149. 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. 150. 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. 151. 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. 152. 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. 153. Treatment of Abandoned Mine Reclamation Fund Interest. (a)
In General.--In addition to the transfer provided for in section 402(h)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(h)), interest credited to the fund established by section 401 of
such Act (30 U.S.C. 1231) shall be transferred to the Combined Fund
identified in section 402(h)(2) up
[[Page 117 STAT. 246]]
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. The
cumulative additional amount that may be transferred under this section
from the date of enactment of this Act through September 30, 2004 shall
not 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 <<NOTE: Termination date.>> section shall
cease to have any force and effect after September 30, 2004.
Sec. 154. 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. 155. Replacement <<NOTE: 16 USC 3503 note.>> 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. 156. Sense of the Congress 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
[[Page 117 STAT. 247]]
the Secretary of the Interior and the lessees are negotiating to
retire the leases.
(b) Sense of the Congress.--It is the sense of the Congress 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. 157. Modified Water Delivery Project in the State of Florida.
(a) Authority.--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), shall
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.
(b) Condition.--
(1) In general.--The Corps of Engineers may only acquire
real property used as a residence for the purpose of carrying
out the project described in subsection (a) if the Corps of
Engineers or the non-Federal sponsor first offers the owner of
such real property comparable real property within the part of
the 8.5 square mile area that will be provided flood protection
under such project. This paragraph does not affect the authority
of the Corps of Engineers to acquire property for which this
condition has been met or to which this condition does not
apply.
(2) Authority to acquire land and provide assistance.--The
Corps of Engineers is authorized to acquire such land in the
flood protected portion of the 8.5 square mile area from willing
sellers, and provide such financial assistance, as may be
necessary to carry out this subsection.
(3) Funding.--The Corps of Engineers and the non-Federal
sponsor may carry out this subsection with funds made available
to carry out the project described in subsection (a) and funds
provided by the Department of the Interior for land acquisition
assistance for Everglades restoration purposes.
Sec. 158. No funds appropriated for the Department of the Interior
by this Act or any other Act shall be used to study or implement any
plan to drain Lake Powell or to reduce the water level of the lake below
the range of water levels required for the operation of the Glen Canyon
Dam.
Sec. 159. Notwithstanding the limitation in subparagraph (2)(B) of
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)),
the total amount of all fees imposed by the National Indian Gaming
Commission for fiscal year 2004 shall not exceed $12,000,000.
Sec. 160. Moccasin <<NOTE: Moccasin Bend National Archeological
District Act. Tennessee. 16 USC 424c.>> Bend National Archeological
District Act. (a) Short Title.--This section may be cited as the
``Moccasin Bend National Archeological District Act''.
[[Page 117 STAT. 248]]
(b) Definitions.--As used in this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Archeological district.--The term ``archeological
district'' means the Moccasin Bend National Archeological
District.
(3) State.--The term ``State'' means the State of Tennessee.
(4) Map.--The term ``Map'' means the map entitled,
``Boundary Map Moccasin Bend National Archeological District'',
numbered 301/80098, and dated September 2002.
(c) Establishment.--
(1) In general.--In order to preserve, protect, and
interpret for the benefit of the public the nationally
significant archeological and historic resources located on the
peninsula known as Moccasin Bend, Tennessee, there is
established as a unit of Chickamauga and Chattanooga National
Military Park, the Moccasin Bend National Archeological
District.
(2) Boundaries.--The archeological district shall consist of
approximately 780 acres generally depicted on the Map. The Map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service, Department of
the Interior.
(3) Acquisition of land and interests in land.--
(A) In general.--The Secretary may acquire by
donation, purchase from willing sellers using donated or
appropriated funds, or exchange, lands and interests in
lands within the exterior boundary of the archeological
district. The Secretary may acquire the State, county
and city-owned land and interests in land for inclusion
in the archeological district only by donation.
(B) Easement outside boundary.--To allow access
between areas of the archeological district that on the
date of the enactment of this section are noncontiguous,
the Secretary may acquire by donation or purchase from
willing owners using donated or appropriated funds, or
exchange, easements connecting the areas generally
depicted on the Map.
(d) Administration.--
(1) In general.--The archeological district shall be
administered by the Secretary in accordance with this section,
with laws applicable to Chickamauga and Chattanooga National
Military Park, and with the laws generally applicable to units
of the National Park System.
(2) Cooperative agreement.--The Secretary may consult and
enter into cooperative agreements with culturally affiliated
federally recognized Indian tribes, governmental entities, and
interested persons to provide for the restoration, preservation,
development, interpretation, and use of the archeological
district.
(3) Visitor interpretive center.--For purposes of
interpreting the historical themes and cultural resources of the
archeological district, the Secretary may establish and
administer a visitor center in the archeological district.
(4) General management plan.--Not <<NOTE: Deadline.>> later
than 3 years after funds are made available under this section,
the Secretary shall develop a general management plan for the
archeological district. The general management plan shall
describe the appropriate protection and preservation of natural,
cultural, and
[[Page 117 STAT. 249]]
scenic resources, visitor use, and facility development within
the archeological district consistent with the purposes of this
section, while ensuring continued access by private landowners
to their property.
(e) Repeal of Previous Acquisition Authority.--The Act of August 3,
1950 (chapter 532; 16 U.S.C. 424a-4) is repealed.
Sec. 161. Section 6 of Public Law 102-495 (106 Stat. 3173) is
amended by removing subsections 6(b) and (c) in their entirety and
substituting the following:
``(b) Lands Transfer to the Lower Elwha Klallam Tribe.--Subject to
valid existing rights, all right, title, and interest of the United
States in and to the following described land, consisting of 1.7 acres,
more or less, situated in the County of Clallam, State of Washington,
are hereby conveyed to the Lower Elwha Klallam Indian Tribe: the parcel
lying south of the existing roadway and extending southward to the Inner
Harbor line of the Port Angeles Tidelands, and beginning at the north-
south line 1,106 feet west of the eastern boundary of Out Lot 6 and
running easterly 1,671 feet to the north-south line 565 feet east of the
eastern boundary of Out Lot 6, to be further described on a detailed
legal description and map filed later with the Oregon/Washington Office
of the Bureau of Land Management. <<NOTE: Deadline.>> Said legal
description and map shall be provided by the tribe, at its cost and
expense, within ninety (90) days of the enactment of this Act. This
conveyance shall be subject to the following provisions:
``(1) There shall be public access to the beach along the
south side of the parcel at all times.
``(2) The City of Port Angeles shall have the right to
construct and maintain a waterfront trail adjacent to the
existing roadway along the north side of the parcel, the
location of which shall be determined in conjunction with the
Secretary.
``(3) Parking facilities on the parcel shall be open to the
public at all times.
``(4) The Agreement entered into on August 11, 1992, between
the City of Port Angeles and the Tribe regarding the use of the
adjacent leaseholds.
``(5) Easements shall be are hereby reserved in favor of the
United States upon, over, under, through, and across the lands
conveyed under this section allowing the United States, its
successors, assigns, and agents, unrestricted and uninterrupted
access to any adjoining lands owned or controlled by the United
States, including but not limited to, the United States Coast
Guard Air Station located on Ediz Hook, and allowing the United
States, its successors, assigns, and agents, to install,
construct, operate, maintain, repair, and replace utility lines
and other related equipment upon, over, under, through, and
across the lands conveyed under this section in order to operate
said air station or to conduct any other Federal mission,
operation, or activity upon lands owned or controlled by the
United States.
``(6) A navigation easement shall be hereby reserved in
favor of the United States over the lands conveyed under this
section for the continued aircraft operations at the adjacent
United States Coast Guard Air Station on Ediz Hook. Said
navigation easement shall be based on the Federal Aviation
Administration (FAA) standards contained in FAA Advisory
Circular 150/5390-2A, ``Heliport Design,'' dated January 20,
[[Page 117 STAT. 250]]
1994. In any event, the Lower Elwha Klallam Indian Tribe shall
not construct any building or structure that intrudes into
navigable airspace, as defined in FAA regulations.''.
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, $251,685,000, 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 including treatments of pests,
pathogens and invasive or noxious plants, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $286,574,000, to remain available
until expended, as authorized by law: Provided,
That <<NOTE: Notification.>> none of the funds provided under this
heading for the acquisition of lands or interests in lands shall be
available until the Forest Service notifies the House Committee on
Appropriations and the Senate Committee on Appropriations, in writing,
of specific acquisition of lands or interests in lands to be undertaken
with such funds: Provided further, <<NOTE: Grants.>> That each forest
legacy grant shall be for a specific project or set of specific tasks:
Provided further, That grants for acquisition of lands or conservation
easements shall require that the State demonstrates that 25 percent of
the total value of the project is comprised of a non-Federal cost share:
Provided further, That funds provided in this Act and in Public Laws
106-113, 106-291, and 107-63, for the West Branch Forest Legacy Project
in the State of Maine, consisting of at least 45,000 acres of fee simple
purchase and at least 275,000 acres in a conservation easement, that
have not been expended by January 31, 2004, shall be transferred to the
Wildland Fire Management account and shall be available to perform
rehabilitation and restoration activities: Provided further, That
notwithstanding any other provision of law, of the funds provided under
this heading, $1,000,000 shall be made available to Kake Tribal
Corporation as an advance 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, $1,362,299,000, 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
[[Page 117 STAT. 251]]
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 Chair of the Board of Trustees of the Valles
Caldera Trust may receive, upon request, compensation for each day
(including travel time) that the Chair is 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 the Chair in the performance of the Chair's duties.
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,
$1,379,938,000, 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 the Joint Fire Science Program: 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 of
the funds provided, $228,109,000 is for hazardous fuel treatment,
$7,124,000 is for rehabilitation and restoration, $1,850,000 is for
capital improvement and maintenance of fire facilities, $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.),
[[Page 117 STAT. 252]]
$46,555,000 is for State fire assistance, $8,240,000 is for volunteer
fire assistance, $16,934,000 is for forest health activities on State,
private, and Federal lands, and $5,000,000 is for economic action
programs: Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National Forest
System'', ``Forest and Rangeland Research'', and ``Capital Improvement
and Maintenance'' 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, trails and facilities maintenance and restoration: 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 Appropriations, 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: Provided further, That
notwithstanding Federal Government procurement and contracting laws, the
Secretaries may conduct fuel reduction treatments, rehabilitation and
restoration, and other activities authorized under this heading on and
adjacent to Federal lands using grants and cooperative agreements:
Provided further, That 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 local
private, nonprofit, or cooperative entities; Youth Conservation
[[Page 117 STAT. 253]]
Corps crews or related partnerships, with State, local and non-profit
youth groups; small or micro-businesses; or other entities that will
hire or train a significant percentage of local people to complete such
contracts: Provided further, That 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, $552,039,000, to remain available until expended for construction,
reconstruction, maintenance and acquisition of buildings and other
facilities, and for construction, reconstruction, repair and maintenance
of forest roads and trails by the Forest Service as authorized by 16
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up to
$15,000,000 of the funds provided herein for road maintenance shall be
available for the decommissioning of roads, including unauthorized roads
not part of the transportation system, which are no longer needed:
Provided further, 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 $1,700,000 shall be available to the
University, and $1,000,000 provided in this Act for construction of
facilities in Cordova, Alaska shall be available to the city.
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, $133,815,000 to be derived
from the Land and Water Conservation Fund and to remain available until
expended: Provided, That from amounts previously appropriated under this
heading for the acquisition of lands in the Tongass National Forest,
$350,000 shall be provided as an advance direct lump sum payment to the
City of Juneau for the acquisition of 10.5 acres of land in Southeastern
Alaska for a wild bird rehabilitation clinic and nature education
center.
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,
[[Page 117 STAT. 254]]
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), and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
related Land Sale and Exchange Acts, 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
[[Page 117 STAT. 255]]
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 and all funds under the
heading ``Wildland Fire Management'' are obligated.
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 $3,000,000 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
[[Page 117 STAT. 256]]
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, <<NOTE: 16 USC 583j-9 note.>> 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.
For fiscal years 2003 through 2007, 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
[[Page 117 STAT. 257]]
activities and services at the Grey Towers National Historic Landmark:
Provided further, That such gifts may be accepted notwithstanding the
fact that a donor conducts business with the Department of Agriculture
in any capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar non-litigation related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee safety:
Provided, That such amounts shall not exceed $1,000,000.
The Secretary of Agriculture may authorize the sale of excess
buildings, facilities, and other properties owned by the Forest Service
and located on the Green Mountain National Forest, the revenues of which
shall be retained by the Forest Service and available to the Secretary
without further appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National Forest.
The Secretary of Agriculture may transfer or reimburse funds
available to the Forest Service, not to exceed $15,000,000, to the
Secretary of the Interior or the Secretary of Commerce to expedite
conferencing and consultations as required under section 7 of the
Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer or
reimbursement shall be as mutually agreed by the Secretary of
Agriculture and the Secretary of the Interior or Secretary of Commerce,
as applicable, or their designees. The amount shall in no case exceed
the actual costs of consultation and conferencing.
Beginning <<NOTE: Effective date. Termination date.>> on June 30,
2001 and concluding on December 31, 2003, an eligible individual who is
employed in any project funded under title V of the Older American Act
of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of chapter 171
of title 28, United States Code.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $87,000,000 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.
[[Page 117 STAT. 258]]
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), $624,900,000, 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. 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, $17,831,000, 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
[[Page 117 STAT. 259]]
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, $897,603,000, 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
(including rescission)
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: Provided, That from unobligated balances of
prior year appropriations, an amount of $5,000,000 is rescinded.
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, $80,611,000, 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;
[[Page 117 STAT. 260]]
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, <<NOTE: Contracts. Reports.>> 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, $2,492,115,000, 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
[[Page 117 STAT. 261]]
or contract award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That $18,000,000 shall remain available until expended, for the Indian
Catastrophic Health Emergency Fund: Provided further, That $460,130,000
for contract medical care shall remain available for obligation until
September 30, 2004: Provided further, That <<NOTE: 25 USC 1621
note.>> contract medical care funds appropriated heretofore and
hereafter for tribes recognized after January 1, 1995, may be used to
provide medical services directly or through contract medical care:
Provided further, That of the funds provided, up to $25,000,000 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, <<NOTE: 42 USC 254c-3 note.>> That
funds appropriated under the Special Diabetes Program for Indians (42
U.S.C. 254c-3(c)) for fiscal year 2003 and thereafter for the purpose of
making grants shall remain available until expended: Provided
further, <<NOTE: 10 USC 1111 note.>> 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 and thereafter from the Department of Health and Human
Services' Retirement Pay and Medical Benefits for Commissioned Officers
account without charges billed to the Indian Health Service: Provided
further, That <<NOTE: 10 USC 1116 note.>> heretofore and hereafter 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,
[[Page 117 STAT. 262]]
sobriety and wellness, of which at least $100,000 shall be available for
an independent third party to conduct an evaluation of the program and
$5,000,000 shall be available to the Alaska Native Tribal Health
Consortium for substance abuse and behavioral health counselors through
the Counselor in Every Village Program: Provided further, That no more
than 10 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, $376,190,000, 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 United States Department of Housing and
Urban Development: Provided further, That not to exceed $1,000,000 from
this account and the ``Indian Health Services'' account 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
[[Page 117 STAT. 263]]
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
[[Page 117 STAT. 264]]
agreement under title III of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation.
None of the funds made available to the Indian Health Service in
this Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs associated
with the proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
Funds made available in this Act are to be apportioned to the Indian
Health Service as appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act.
With respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment. The reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination
Act, may be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The appropriation structure for the Indian Health Service may not be
altered without advance approval of the House and Senate Committees on
Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $14,491,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
[[Page 117 STAT. 265]]
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), $5,490,000, 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, $463,205,000, of
which not to exceed $53,634,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, security
improvements, 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, an amount of $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,
[[Page 117 STAT. 266]]
as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
$83,425,000, to remain available until expended, of which $18,875,000 is
provided for maintenance, repair, rehabilitation and alteration of
facilities at the National Zoological Park, and of which not to exceed
$10,000 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 CFR 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
[[Page 117 STAT. 267]]
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
[[Page 117 STAT. 268]]
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 and ``Challenge America'' account may be
transferred to and merged with this account.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $109,632,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,122,000, to remain available until expended, of which $10,436,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
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: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants up to $10,000, if
in the aggregate this amount does not exceed 5 percent of the sums
appropriated for grant making purposes per year: Provided further, That
such small grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on the Arts
to the Chairperson.
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
[[Page 117 STAT. 269]]
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.
administrative provision
None of the funds appropriated in this or any other Act, except
funds appropriated to the Office of Management and Budget, shall be
available to study the alteration or transfer of the National Capital
Arts and Cultural Affairs program.
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.
[[Page 117 STAT. 270]]
TITLE III--GENERAL PROVISIONS
Sec. 301. <<NOTE: Contracts. Public information.>> 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. (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 <<NOTE: Deadline.>> 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
[[Page 117 STAT. 271]]
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. 308. 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. 309. <<NOTE: Grants.>> 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) <<NOTE: Procedures.>> 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. 310. 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. 311. (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
[[Page 117 STAT. 272]]
assistance for projects, productions, workshops, or programs that serve
underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) <<NOTE: Grants.>> 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) <<NOTE: Reports.>> 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. 312. 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. 313. 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. 314. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers.
Sec. 315. 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
[[Page 117 STAT. 273]]
bids and designing procurements which create economic opportunities for
local contractors.
Sec. 316. 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. 317. Other than in emergency situations, none of the funds in
this Act may be used to operate telephone answering machines during core
business hours unless such answering machines include an option that
enables callers to reach promptly an individual on-duty with the agency
being contacted.
Sec. 318. 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
[[Page 117 STAT. 274]]
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. 319. <<NOTE: 16 USC 460l-6a note.>> 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. 320. <<NOTE: 16 USC 1604 note.>> 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. 321. <<NOTE: 16 USC 565a-1 note.>> Until September 30, 2005,
the authority of the Secretary of Agriculture to enter into an agreement
under the first section of Public Law 94-148 (16 U.S.C. 565a-1) for a
purpose described in such section includes the authority to use that
legal instrument when the principal purpose of the resulting
relationship is to the mutually significant benefit of the Forest
Service and the other party or parties to the agreement, including
nonprofit entities. An agreement entered into under this section shall
not be subject to Public Law 95-224, Federal Grant and Cooperative
Agreement Act (1977).
[[Page 117 STAT. 275]]
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 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (as contained in section 101(e) of
division A of Public Law 105-277; 16 U.S.C. 2104 note), is amended--
(1) in subsection (a), by striking ``September 30, 2004''
and all that follows and inserting ``September 30, 2013, the
Forest Service and the Bureau of Land Management, via agreement
or contract as appropriate, may enter into stewardship
contracting projects with private persons or other public or
private entities to perform services to achieve land management
goals for the national forests and the public lands that meet
local and rural community needs.'';
(2) in subsection (b)(4)--
(A) by striking ``noncommercial cutting or removing
of trees'' and inserting ``removing vegetation''; and
(B) by striking ``non-commercial objectives'' and
inserting ``land management objectives'';
(3) in subsection (c), by adding at the end a new paragraph
as follows:
``(5) Contracting officer.--Notwithstanding any other
provision of law, the Secretary of Agriculture or the Secretary
of the Interior may determine the appropriate contracting
officer to enter into and administer an agreement or contract
under subsection (a).'';
(4) in subsections (c)(3), (d), (f), and (g), by inserting
``and the Bureau of Land Management'' after ``Forest Service''
each place it appears;
(5) in the section heading, by striking ``DEMONSTRATION
PROJECT'' and inserting ``PROJECTS'';
(6) in subsections (d)(2) and (f)(2)(B), by striking
``demonstration'' each place it appears;
(7) in subsection (d)(3), by striking ``the Secretary'' both
places it appears and inserting ``the Forest Service or the
Bureau of Land Management'' and by inserting ``or the public
lands'' after ``National Forest System''; and
(8) in subsection (g), by striking ``each individual
stewardship pilot project'' and inserting ``the stewardship
contracting projects''.
Sec. 324. Technical Correction Related to Cabin User Fees.--Section
608(b)(2) of the Cabin User Fee Fairness Act of 2000 (16 U.S.C.
6207(b)(2); Public Law 106-291) is amended by striking ``value
influences'' and inserting in lieu thereof ``criteria'' and striking
``section 606(b)(3)'' and inserting in lieu thereof ``section
606(b)(2)''.
Sec. 325. Extension of Forest Service Conveyances Pilot Program.--
Section 329 of the Department of the Interior and Related Agencies
Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is
amended--
[[Page 117 STAT. 276]]
(1) in subsection (b), by striking ``10'' and inserting
``20'';
(2) in subsection (c) by inserting at the end of the
subsection ``Additionally, proceeds from the sale of conveyances
on no more than 3 sites shall be available for construction of
replacement facilities.''; and
(3) in subsection (d), by striking ``2005'' and inserting
``2006''.
Sec. 326. Employees of the foundations established by Acts of
Congress to solicit private sector funds on behalf of Federal land
management agencies shall, in fiscal year 2004, qualify for General
Service Administration contract airfares.
Sec. 327. 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. 328. 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
or during fiscal year 2003 under the authority of section 504 of the
Rescissions Act of 1995 (Public Law 104-19), the terms and conditions of
the renewed grazing permit shall remain in effect until such time as the
Secretary of Agriculture completes processing of the renewed
[[Page 117 STAT. 277]]
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. 329. Notwithstanding any other provision of law or regulation,
to promote the more efficient use of the health care funding allocation
for fiscal year 2003, the Eagle Butte Service Unit of the Indian Health
Service, at the request of the Cheyenne River Sioux Tribe, may pay base
salary rates to health professionals up to the highest grade and step
available to a physician, pharmacist, or other health professional and
may pay a recruitment or retention bonus of up to 25 percent above the
base pay rate.
Sec. 330. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 331. Prohibition of Oil and Gas Drilling in the Finger Lakes
National Forest, New York.--None of the funds in this Act may be used to
prepare or issue a permit or lease for oil or gas drilling in the Finger
Lakes National Forest, New York, during fiscal year 2003.
Sec. 332. None of the funds made available in this Act may be used
for the planning, design, or construction of improvements to
Pennsylvania Avenue in front of the White House without the advance
approval of the Committees on Appropriations.
Sec. 333. 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 <<NOTE: Guidelines.>> 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. 334. Section 401(e)(4)(B) of Public Law 105-83 <<NOTE: 43 USC
1474d.>> is amended after ``Not more than'' by striking ``5 percent''
and inserting ``15 percent''.
Sec. 335. The Record of Decision for the 2003 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.
[[Page 117 STAT. 278]]
Sec. 336. Section 7(c) of Public Law 106-143 <<NOTE: 113 Stat.
1707.>> is amended by striking ``2001'' and inserting ``2004''.
Sec. 337. 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.''; and
(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.''.
Sec. 338. <<NOTE: 16 USC 2104 note.>> 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. 339. Amendment to Titles I and II of the Energy Policy and
Conservation Act. (a) Title I of the Energy Policy and Conservation Act
(42 U.S.C. 6231-6247b) is amended--
(1) by amending section 166 (42 U.S.C. 6246) to read as
follows:
``Sec. 166. There are authorized to be appropriated such sums as may
be necessary to implement this part, to remain available until
expended.'';
(2) in section 186 (42 U.S.C. 6250e), by striking ``for
fiscal years 2001, 2002, and 2003''; and
(3) in section 191 (42 U.S.C. 6251), by striking ``September
30, 2003'' each time it appears and inserting ``September 30,
2008''.
(b) Title II of the Energy Policy and Conservation Act (42 U.S.C.
6211-6251) is amended--
[[Page 117 STAT. 279]]
(1) by amending section 256(h) (42 U.S.C. 6276) to read as
follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this part, to
remain available until expended.''; and
(2) in section 281 (42 U.S.C. 6285), by striking ``September 30,
2003'' each time it appears and inserting ``September 30, 2008''.
Sec. 340. No funds appropriated in this Act for the acquisition of
lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations: Provided,
That this provision shall not apply to funds appropriated to implement
the Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
Sec. 341. Designation of Panthertown Valley Tract of Nantahala
National Forest, Jackson County, North Carolina, in Honor of James and
Elspeth McClure Clarke. The portion of the Nantahala National Forest in
Jackson County, North Carolina, known as the Panthertown Valley tract
and consisting of approximately 6,294 acres is hereby designated as the
``James and Elspeth McClure Clarke Forest'' in honor of James and
Elspeth McClure Clarke.
TITLE IV--T'UF <<NOTE: T'uf Shur Bien Preservation Trust Area
Act. Native Americans. New Mexico. National Forest System. National
Wilderness Perservation System.>> SHUR BIEN PRESERVATION TRUST AREA
SEC. 401. <<NOTE: 16 USC 539m note.>> SHORT TITLE.
This title may be cited as the ``T'uf Shur Bien Preservation Trust
Area Act''.
SEC. 402. <<NOTE: 16 USC 539.>> 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.
[[Page 117 STAT. 280]]
SEC. 403. <<NOTE: 16 USC 539m-1.>> 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
[[Page 117 STAT. 281]]
(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
[[Page 117 STAT. 282]]
(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 <<NOTE: 16 USC 539m-2.>> SHUR BIEN PRESERVATION TRUST
AREA.
(a) Establishment.--The T'uf Shur Bien Preservation Trust Area is
established within the Cibola National Forest and the Sandia Mountain
Wilderness as depicted on the map--
(1) to recognize and protect in perpetuity the rights and
interests of the Pueblo in and to the Area, as specified in
section 405(a);
(2) to preserve in perpetuity the national forest and
wilderness character of the Area; and
(3) to recognize and protect in perpetuity the longstanding
use and enjoyment of the Area by the public.
(b) Administration and Applicable Law.--
(1) In general.--The Secretary shall continue to administer
the Area as part of the National Forest System subject to and
consistent with the provisions of this title affecting
management of the Area.
(2) Traditional or cultural uses.--Traditional or cultural
uses by Pueblo members and members of other federally-recognized
Indian tribes authorized to use the Area by the Pueblo under
section 405(a)(4) shall not be restricted except by--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.)
(including regulations promulgated under that Act) as in
effect on the date of enactment of this Act; and
(B) applicable Federal wildlife protection laws, as
provided in section 406(a)(2).
(3) Later enactments.--To the extent that any law enacted or
amended after the date of enactment of this Act is inconsistent
with this title, the law shall not apply to the Area unless
expressly made applicable by Congress.
(4) Trust.--The use of the word ``Trust'' in the name of the
Area--
(A) is in recognition of the specific rights and
interests of the Pueblo in the Area; and
(B) does not confer on the Pueblo the ownership
interest that exists in a case in which the Secretary of
the Interior accepts the title to land held in trust for
the benefit of an Indian tribe.
(c) Map.--
(1) Filing.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and a
legal description of the Area with the Committee on Resources of
the House of Representatives and with the Committee on Energy
and Natural Resources of the Senate.
(2) Public availability.--The map and legal description
shall be on file and available for public inspection in the
Office
[[Page 117 STAT. 283]]
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. <<NOTE: 16 USC 539m-3.>> 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;
[[Page 117 STAT. 284]]
(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. <<NOTE: 16 USC 539m-4.>> 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. <<NOTE: 16 USC 539m-5.>> 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
[[Page 117 STAT. 285]]
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.--
[[Page 117 STAT. 286]]
(1) In general.--In <<NOTE: Applicability.>> 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) <<NOTE: Notification.>> the party
identifying the conflict shall notify the other
party in writing addressed to the Governor of the
Pueblo or the Regional Forester, as appropriate,
specifying the nature of the dispute; and
(ii) the Governor of the Pueblo or the
Regional Forester shall attempt to resolve the
dispute for a period of at least 30 days after
notice has been provided before bringing a civil
action in the United States District Court for the
District of New Mexico.
(B) Disputes requiring immediate resolution.--In the
case of a conflict that requires immediate resolution to
avoid imminent, substantial, and irreparable harm--
(i) the party identifying the conflict shall
notify the other party and seek to resolve the
dispute within 3 days of the date of notification;
and
(ii) if the parties are unable to resolve the
dispute within 3 days--
(I) either party may bring a civil
action for immediate relief in the
United States District Court for the
District of New Mexico; and
(II) the procedural requirements
specified in subparagraph (A) shall not
apply.
SEC. 408. <<NOTE: 16 USC 539m-6.>> 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.
[[Page 117 STAT. 287]]
(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. <<NOTE: 16 USC 539m-7.>> SUBDIVISIONS AND OTHER PROPERTY
INTERESTS.
(a) Subdivisions.--
[[Page 117 STAT. 288]]
(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.
[[Page 117 STAT. 289]]
(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.
[[Page 117 STAT. 290]]
(ii) The rights-of-way shall not authorize
uses for any purpose other than roads without the
Pueblo's written consent.
(iii) Except as provided in the Settlement
Agreement, existing rights-of-way or leasehold
interests and obligations held by the Sandia Peak
Tram Company and its affiliates, shall be
preserved, protected, and unaffected by this
title.
(2) Utility rights-of-way.--In accordance with the Pueblo
having given its consent in the Settlement Agreement, the
Secretary of the Interior shall grant irrevocable utility
rights-of-way in perpetuity across Pueblo land to appropriate
utility or other service providers serving Sandia Heights
Addition, Sandia Heights North Units I, II, and 3, the special
use permit land, Tierra Monte, and Valley View Acres, including
rights-of-way for natural gas, power, water, telecommunications,
and cable television services. Such rights-of-way shall be
within existing utility corridors as depicted on the map or, for
certain water lines, as described in the existing grant of
easement to the Sandia Peak Utility Company: Provided, That use
of water line easements outside the utility corridors depicted
on the map shall not be used for utility purposes other than
water lines and associated facilities. Except where above-ground
facilities already exist, all new utility facilities shall be
installed underground unless the Pueblo agrees otherwise. To the
extent that enlargement of existing utility corridors is
required for any technologically-advanced telecommunication,
television, or utility services, the Pueblo shall not
unreasonably withhold agreement to a reasonable enlargement of
the easements described above.
(3) Forest service rights-of-way.--In accordance with the
Pueblo having given its consent in the Settlement Agreement, the
Secretary of the Interior shall grant to the Forest Service the
following irrevocable rights-of-way in perpetuity for Forest
Service trails crossing land of the Pueblo in order to provide
for public access to the Area and through Pueblo land--
(A) a right-of-way for a portion of the Crest Spur
Trail (Trail No. 84), crossing a portion of the La Luz
tract, as identified on the map;
(B) a right-of-way for the extension of the
Foothills Trail (Trail No. 365A), as identified on the
map; and
(C) a right-of-way for that portion of the Piedra
Lisa North-South Trail (Trail No. 135) crossing the
Piedra Lisa tract.
SEC. 410. <<NOTE: 16 USC 539m-8.>> 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
[[Page 117 STAT. 291]]
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. <<NOTE: 16 USC 539m-9.>> 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. <<NOTE: 16 USC 539m-10.>> 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
[[Page 117 STAT. 292]]
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. <<NOTE: 16 USC 539m-11.>> 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 <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 293]]
(5) Failure to make offer.--
If <<NOTE: Deadline. Reports.>> 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.--Subject to the availability of appropriated
funds the Secretary of the Treasury shall make reimbursement
payments as provided in this section.
(4) Applications.--Not <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 294]]
SEC. 414. <<NOTE: 16 USC 539m-12.>> 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. <<NOTE: 16 USC 539m note.>> EFFECTIVE DATE.
The provisions of this title shall take effect immediately on
enactment of this Act.
TITLE V--NATIONAL <<NOTE: National Forest Organizational Camp Fee
Improvement Act of 2003.>> FOREST ORGANIZATIONAL CAMP FEE IMPROVEMENT
ACT OF 2003
SEC. 501. <<NOTE: 16 USC 6231 note.>> SHORT TITLE.
This title may be cited as the ``National Forest Organizational Camp
Fee Improvement Act of 2003''.
SEC. 502. <<NOTE: 16 USC 6231.>> FINDINGS, PURPOSE, AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Organizational camps, such as those administered by the
Boy Scouts, Girl Scouts, and faith-based and community-based
organizations, provide a valuable service to young people,
individuals with a disability, and their families by promoting
physical, mental, and spiritual health through activities
conducted in a natural environment.
(2) The 192,000,0000 acres of national forests and
grasslands of the National Forest System managed for multiple
uses by the Forest Service provides an ideal setting for such
organizational camps.
(3) The Federal Government should charge land use fees for
the occupancy and use of National Forest System lands by such
organizational camps that, while based on the fair market value
of the land in use, also recognize the benefits provided to
society by such organizational camps, do not preclude the
ability of such organizational camps from utilizing these lands,
and permit capital investment in, and maintenance of, camp
facilities by such organizational camps or their sponsoring
organizations.
(4) Organizational camps should--
(A) ensure that their facilities meet applicable
building and safety codes, including fire and health
codes;
(B) have annual inspections as required by local
law, including at a minimum inspections for fire and
food safety; and
(C) have in place safety plans that address fire and
medical emergencies and encounters with wildlife.
(b) Purpose.--It is the purpose of this Act to establish a land use
fee system that provides for an equitable return to the Federal
Government for the occupancy and use of National Forest System lands by
organizational camps that serve young people or individuals with a
disability.
(c) Definitions.--In this Act:
(1) The term ``organizational camp'' means a public or
semipublic camp that--
[[Page 117 STAT. 295]]
(A) is developed on National Forest System lands by
a nonprofit organization or governmental entity;
(B) provides a valuable service to the public by
using such lands as a setting to introduce young people
or individuals with a disability to activities that they
may not otherwise experience and to educate them on
natural resource issues; and
(C) does not have as its primary purpose raising
revenue through commercial activities.
(2) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(3) The term ``individual with a disability'' has the
meaning given the term in section 7(20) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)).
(4) The term ``children at risk'' means children who are
raised in poverty or in single-parent homes or are subject to
such circumstances as parental drug abuse, homelessness, or
child abuse.
(5) The term ``change in control'' means--
(A) for a corporation, the sale or transfer of a
controlling interest in the corporation;
(B) for a partnership or limited liability company,
the sale or transfer of a controlling interest in the
partnership or limited liability company; and
(C) for an individual, the sale or transfer or an
organizational camp subject to this Act to another
party.
SEC. 503. <<NOTE: 16 USC 6232.>> FEES FOR OCCUPANCY AND USE OF NATIONAL
FOREST SYSTEM LANDS AND FACILITIES BY ORGANIZATIONAL CAMPS.
(a) Land Use Fee.--
(1) Percentage of land value.--The Secretary shall charge an
annual land use fee for each organizational camp for its
occupancy and use of National Forest System lands equal to 5
percent of the product of the following:
(A) The total number of acres of National Forest
System lands authorized for the organizational camp.
(B) The estimated per-acre market value of land and
buildings in the county where the camp is located, as
reported in the most recent Census of Agriculture
conducted by the National Agricultural Statistics
Service.
(2) Annual adjustment.--The land use fee determined under
paragraph (1) for an organizational camp shall be adjusted
annually by the annual compounded rate of change between the two
most recent Censuses of Agriculture.
(3) Reduction in fees.--
(A) Type of participants.--The Secretary shall
reduce the land use fee determined under paragraph (1)
proportionate to the number of individuals with a
disability and children at risk who annually attend the
organizational camp.
(B) Type of programs.--After making the reduction
required by subparagraph (A), the Secretary shall reduce
the remaining land use fee amount by up to 60 percent,
proportionate to the number of persons who annually
attend the organizational camp who participate in youth
[[Page 117 STAT. 296]]
programs through organized and supervised social,
citizenship, character-building, or faith-based
activities oriented to outdoor-recreation experiences.
(C) Relation to minimum fee.--The reductions made
under this paragraph may not reduce the land use fee for
an organizational camp below the minimum land use fee
required to be charged under paragraph (4).
(D) Special considerations.--For purposes of
determining the amount of the land use fee reduction
required under subparagraph (A) or (B), the Secretary
may not take into consideration the existence of
sponsorships or scholarships to assist persons in
attending the organizational camp.
(4) Minimum land use fee.--The Secretary shall charge a
minimum land use fee under paragraph (1) that represents, on
average, the Secretary's cost annually to administer an
organizational camp special use authorization in the National
Forest Region in which the organizational camp is located.
Notwithstanding paragraph (3) or subsection (d), the minimum
land use fee shall not be subject to a reduction or waiver.
(b) Facility Use Fee.--
(1) Percentage of facilities value.--If an organizational
camp uses a Government-owned facility on National Forest System
lands pursuant to section 7 of the Act of April 24, 1950
(commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the
Secretary shall charge, in addition to the land use fee imposed
under subsection (a), a facility use fee equal to 5 percent of
the value of the authorized facilities, as determined by the
Secretary.
(2) Reduction in fees prohibited.--Notwithstanding
subsection (d), the facility use fees determined under paragraph
(1) shall not be subject to a reduction or waiver.
(c) Fee Related to Receipt of Other Revenues.--If an organizational
camp derives revenue from the use of National Forest System lands or
authorized facilities described in subsection (b) for purposes other
than to introduce young people or individuals with a disability to
activities that they may not otherwise experience and to educate them on
natural resource issues, the Secretary shall charge, in addition to the
land use fee imposed under subsection (a) and the facility use fee
imposed under subsection (b), an additional fee equal to 5 percent of
that revenue.
(d) Work-In-Lieu Program.--Subject to subsections (a)(4) and (b)(2),
section 3 of the Federal Timber Contract Payment Modification Act (16
U.S.C. 539f) shall apply to the use fees imposed under this section.
SEC. 504. <<NOTE: 16 USC 6233.>> IMPLEMENTATION.
(a) <<NOTE: Directives. Deadlines.>> Prompt Implementation.--The
Secretary shall issue direction regarding implementation of this Act by
interim directive within 180 days after the date of the enactment of
this Act. The Secretary shall implement this Act beginning with the
first billing cycle for organizational camp special use authorizations
occurring more than 180 days after the date of the enactment of this
Act.
(b) Phase-In of Use Fee Increases.--In issuing any direction
regarding implementation of this Act under subsection (a), the Secretary
shall consider whether to phase-in any significant
[[Page 117 STAT. 297]]
increases in annual land or facility use fees for organizational camps.
SEC. 505. <<NOTE: 16 USC 6234.>> RELATIONSHIP TO OTHER LAWS.
Except as specifically provided by this Act, nothing in this Act
supersedes or otherwise affects any provision of law, regulation, or
policy regarding the issuance or administration of authorizations for
organizational camps regarding the occupancy and use of National Forest
System lands.
SEC. 506. <<NOTE: 16 USC 6235.>> DEPOSIT AND EXPENDITURE OF USE FEES.
(a) Deposit and Availability.--Unless subject to section 7 of the
Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C.
580d), use fees collected by the Secretary under this Act shall be
deposited in a special account in the Treasury and shall remain
available to the Secretary for expenditure, without further
appropriation until expended, for the purposes described in subsection
(c).
(b) Transfer.--Upon request of the Secretary, the Secretary of the
Treasury shall transfer to the Secretary from the special account such
amounts as the Secretary may request. The Secretary shall accept and use
such amounts in accordance with subsection (c).
(c) Use.--Use fees deposited pursuant to subsection (a) and
transferred to the Secretary under subsection (b) shall be expended for
monitoring of Forest Service special use authorizations, administration
of the Forest Service's special program, interpretive programs,
environmental analysis, environmental restoration, and similar purposes.
SEC. 507. <<NOTE: 16 USC 6236.>> MINISTERIAL ISSUANCE, OR AMENDMENT
AUTHORIZATION.
(a) NEPA Exception.--The ministerial issuance or amendment of an
organizational camp special use authorization shall not be subject to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Rule of Construction.--For purposes of subsection (a), the
ministerial issuance or amendment of an authorization occurs only when
the issuance or amendment of the authorization would not change the
physical environment or the activities, facilities, or program of the
operations governed by the authorization, and at least one of the
following apply:
(1) The authorization is issued upon a change in control of
the holder of an existing authorization.
(2) The holder, upon expiration of an authorization, is
issued a new authorization.
(3) The authorization is amended--
(A) to effectuate administrative changes, such as
modification of the land use fee or conversion to a new
special use authorization form; or
(B) to include nondiscretionary environmental
standards or to conform with current law.
This division may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2003''.
[[Page 117 STAT. 298]]
DIVISION <<NOTE: Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2003.>> G--LABOR,
HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
APPROPRIATIONS, 2003
Joint Resolution
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2003, and for other purposes, namely:
TITLE <<NOTE: Department of Labor Appropriations Act, 2003.>> I--
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Investment Act of 1998,
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 of 1998 and the Women in Apprenticeship and
Nontraditional Occupations Act; and the National Skill Standards Act of
1994; $2,755,070,000 plus reimbursements, of which $1,651,055,000 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 of 1998 and $44,500,000 to
carry out section 169 of such Act; of which $30,000,000 is available on
October 1, 2002 until expended to carry out section 173(a)(4)(A) of the
Workforce Investment Act of 1998; 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 notwithstanding any other provision of law, of the funds
provided herein under section 137(c) of the Workforce Investment Act of
1998, $306,608,000 shall be for activities described in section
132(a)(2)(A) of such Act and $1,157,162,000 shall be for activities
described in section 132(a)(2)(B) of such Act: Provided further, That
$9,098,000 shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That, notwithstanding any
other provision of law or related regulation, $77,836,000 shall be for
carrying out section 167 of the Workforce Investment Act of 1998,
including $72,686,000 for formula grants, $4,640,000 for migrant and
seasonal housing, and $510,000 for other discretionary purposes:
Provided further, That notwithstanding the transfer limitation under
section 133(b)(4) of the Workforce Investment Act of 1998, up to 30
percent of such funds may be transferred by a local board if approved by
the Governor: Provided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants in the
workforce and incumbent
[[Page 117 STAT. 299]]
workers: Provided further, That funding provided to carry out projects
under section 171 of the Workforce Investment Act of 1998 that are
identified in the Conference Agreement, shall not be subject to the
requirements of section 171(b)(2)(B) of such Act, the requirements of
section 171(c)(4)(D) of such Act, or the joint funding requirements of
sections 171(b)(2)(A) and 171(c)(4)(A) of such Act: 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 of 1998,
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 of 1998; $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.
Of the funds provided under this heading in Public Law 107-116 for
the Employment and Training Administration, funding shall be restored to
the prior grantee, no later than March 28, 2003, for a period of
performance of 24 months at an annualized level equivalent to fiscal
year 2000 funding levels, for the following grants: Building a High
Skills Workforce Development System, Building a High Skills Cities/
Counties Consortium, and Increasing Academic and Employability Skills:
Applying New Standards in Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as amended,
$445,200,000.
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
[[Page 117 STAT. 300]]
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,
$121,424,000, including $4,711,000 to administer welfare-to-work grants,
together with not to exceed $54,228,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund.
[[Page 117 STAT. 301]]
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, $381,578,000, 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, <<NOTE: Reports.>> 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.).
[[Page 117 STAT. 302]]
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $163,000,000, together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2002, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2003:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $37,657,000 shall be made available to the
Secretary as follows: (1) for the operation of and enhancement to the
automated data processing systems, including document imaging and
conversion to a paperless office, $24,928,000; (2) for medical bill
review and periodic roll management, $12,027,000; (3) for communications
redesign, $702,000; and (4) the remaining funds shall be paid into the
Treasury as miscellaneous receipts: Provided further, That the Secretary
may require that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
administrative expenses, energy employees occupational illness
compensation fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $104,867,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may
[[Page 117 STAT. 303]]
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 <<NOTE: 26 USC 9501 note.>> 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 the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $453,256,000, including not to exceed $91,139,000 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; <<NOTE: 29
USC 670 note.>> 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
[[Page 117 STAT. 304]]
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, $274,741,000, 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 $3,000,000 for
an award to the National Technology Transfer Center for a coal slurry
impoundment pilot project in Southern West Virginia; 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
[[Page 117 STAT. 305]]
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; <<NOTE: 30 USC 962.>> 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 $5,000,000 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, $47,487,000.
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
$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; $390,069,000; together with not
to exceed $310,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust
[[Page 117 STAT. 306]]
Fund: Provided, <<NOTE: 33 USC 921 note.>> That no funds made available
by this Act may be used by the Solicitor of Labor to participate in a
review in any United States court of appeals of any decision made by the
Benefits Review Board under section 21 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 921) where such participation is
precluded by the decision of the United States Supreme Court in
Director, Office of Workers' Compensation Programs v. Newport News
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to
the contrary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available by this Act
may be used by the Secretary of Labor to review a decision under the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.)
that has been appealed and that has been pending before the Benefits
Review Board for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board for more than 1
year shall be considered affirmed by the Benefits Review Board on the 1-
year anniversary of the filing of the appeal, and shall be considered
the final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any decision issued
under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).
veterans employment and training
Not to exceed $188,537,000 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, $25,675,000, of which $7,425,000 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,
[[Page 117 STAT. 307]]
That the <<NOTE: Notification.>> 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 United States Department of Labor
prior to enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums as may be
necessary to the Denali Commission through the Department of Labor to
conduct job training of the local workforce where Denali Commission
projects will be constructed.
This title may be cited as the ``Department of Labor Appropriations
Act, 2003''.
TITLE <<NOTE: Department of Health and Human Services Appropriations
Act, 2003.>> 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,
$6,472,630,000, of which $298,153,000 shall be available for
construction and renovation (including equipment) of health care and
other facilities, and of which $40,000,000 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 $40,000,000 is available for
carrying out the provisions of Public Law 104-73: Provided further, That
of the funds made available under this heading, $275,138,000 shall be
for the program under title X of the Public Health Service Act to
provide for voluntary family planning projects: Provided
further, <<NOTE: Abortion.>> 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
[[Page 117 STAT. 308]]
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 $719,000,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616 of
the Public Health Service Act: Provided further, That of the amount
provided under this heading, $46,000 is available for Catholic Social
Services, The Bridge, Wilkes Barre, PA, for abstinence education and
related services, $500,000 is available for CentraCare Health Foundation
for administration, St. Cloud, Minnesota, to increase the ability of
educational institutions to produce nurses in a region with high demand,
$41,000 is available for Chester County Health Department, Chester
County Government Services Center, West Chester, PA, for abstinence
education and related services, $105,000 is available for the City of
Chester, Bureau of Health, SABER Project, Chester, PA, for abstinence
education and related services, $86,000 is available for George
Washington Carver Community Center, Project A.C.E., Norristown, PA, for
abstinence education and related services, $51,000 is available for
Heart Beat, New Bloomfield, PA, for abstinence education and related
services, $79,000 is available for Keystone Central School District,
Central Mountain Middle School East, Lock Haven, PA, for abstinence
education and related services, $88,000 is available for Keystone
Economic Development Corporation, Johnstown, PA, for abstinence
education and related services, $92,000 is available for L.V.C.P.T.P.,
St. Luke's Health Network, CHOICE program, Bethlehem, PA, for abstinence
education and related services, $74,000 is available for Lackawanna
Trail School District, Factoryville, PA, for abstinence education and
related services, $112,000 is available for LaSalle University,
Philadelphia, PA, for abstinence education and related services,
$111,000 is available for Mercy Hospital of Pittsburgh, Pittsburgh, PA,
for abstinence education and related services, $136,000 is available for
Neighborhood United Against Drugs, Philadelphia, PA, for abstinence
education and related services, $23,000 is available for New Brighton
School District, New Brighton, PA, for abstinence education and related
services, $1,250,000 is available for Northeastern Ohio Universities
College of Medicine, Rootstown, Ohio, for the Center for Leadership in
Public Health and Community Medicine, $72,000 is available for Nueva
Esperanza, Philadelphia, PA, for abstinence education and related
services, $72,000 is available for Partners in Family and Community
Development, Athens, PA, for abstinence education and related services,
$50,000 is available for Potter County Human Services, Roulette, PA, for
abstinence education and related services, $71,000 is available for Rape
and Victim Assistance Center of Schuykill County, Pottsville, PA, for
abstinence education and related services, $82,000 is available for Real
Commitment, Gettysburg, PA, for abstinence education and related
services, $101,000 is available for the School District of Lancaster,
Project IMPACT, Lancaster, PA, for abstinence education and related
services, $102,000 is available for the School District of Philadelphia,
Philadelphia, PA, for abstinence education and related services,
$700,000 is available for the Silver Ring Thing Program, Sewickley,
Pennsylvania, for expansion of a program promoting abstinence, $74,000
is available for the Guidance Center, project RAPPORT, Smethport, PA,
for abstinence education and related services, $109,000 is available for
To Our Children's Future with Health, Inc., Philadelphia, PA, for
abstinence education and related
[[Page 117 STAT. 309]]
services, $136,000 is available for Tressler Lutheran Services,
Harrisburg, PA, for abstinence education and related services, $84,000
is available for Tuscarora Intermediate Unit, Mcveytown, PA, for
abstinence education and related services, $500,000 is available for the
University of Akron, Ohio, for a nursing study, $1,000,000 is available
for the University of Florida, Gainesville, Florida, for Consortium to
Promote Nursing Faculty, $300,000 is available for the University of
Louisville Research Foundation, Kentucky, to establish a Center for
Cancer Nursing Education and Research, $126,000 is available for the
Urban Family Council, Philadelphia, PA, for abstinence education and
related services, $41,000 is available for Venago County Area Vo-Tech,
Oil City, PA, for abstinence education and related services, $136,000 is
available for Washington Hospital Teen Outreach, Academy for Adolescent
Health, Washington, PA, for abstinence education and related services,
$300,000 is available for William Beaumont Hospital, Royal Oak,
Michigan, for the Beaumont Nurse Anesthesia Education Rural Initiative,
$136,000 is available for the Women's Care Center of Erie County, Inc.,
Abstinence Advantage Program, Erie, PA, for abstinence education and
related services, $50,000 is available for York County, Human Life
Services, Inc., York, PA, for abstinence education and related services,
$95,000 is available for Community Ministries of the Lutheran Home at
Topton, Reading, PA, for abstinence education and related services,
$50,000 is available for Clarke College in Dubuque, IA, for the planning
of a community health center, $700,000 is available for Clinical
Pharmacy Training Program at University of Hawaii at Hilo, $100,000 is
available for Family Voices of Iowa in the ASK Resource Center, Des
Moines, IA, to continue and expand the Family to Family Health
Information Center, $1,000,000 is available for Iowa Department of
Public Health to continue the Center for Healthcare Workforce Shortages,
$350,000 is available for National Healthy Start Association, Baltimore,
Maryland, to gather and disseminate information on best practices under
the Healthy Start program and provide technical assistance to Healthy
Start grantees, $125,000 is available for the Tulsa Coalition for
Children's Health in Tulsa, Oklahoma, for a study regarding delivery of
pediatric health care in northeastern Oklahoma, and $50,000 is available
for Waianae Coast Community Health Center leadership training: Provided
further, That, notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $115,900,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) of such Act, of which $500,000 is available for the City of
Milwaukee Health Department for a pilot program providing health
services to at-risk children in day care and $10,000 is available for
the Dane County Neighborhood Child Health Clinic in Madison, Wisconsin,
to provide child dental services: 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, <<NOTE: Grants. Abstinence.>> That $55,000,000 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
[[Page 117 STAT. 310]]
abstinence education (as defined in section 510(b)(2) of such Act) to
adolescents and for evaluations (including longitudinal evaluations) of
activities under the grants and for Federal costs of administering the
grants: Provided further, That grants under the immediately preceding
proviso shall be made only to public and private entities which agree
that, with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not provide to
that adolescent any other education regarding sexual conduct, except
that, in the case of an entity expressly required by law to provide
health information or services the adolescent shall not be precluded
from seeking health information or services from the entity in a
different setting than the setting in which the abstinence education was
provided: Provided further, That the funds expended for such evaluations
may not exceed 3.5 percent of such amount.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service 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, $4,296,566,000, of which $268,000,000 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, $125,899,000 shall be available from amounts
available under section 241 of the Public Health
[[Page 117 STAT. 311]]
Service Act to carry out the National Center for Health Statistics
surveys: 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, in whole or in part, to advocate or promote gun
control: 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 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 <<NOTE: Notification.>> designate: Provided further, That the
Congress is to be notified promptly of any such transfer: Provided
further, That not to exceed $12,500,000 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 the discretion of
the Centers for Disease Control and Prevention, 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, $4,622,394,000.
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, $2,812,011,000.
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,
$1,633,347,000.
[[Page 117 STAT. 312]]
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,
$3,730,973,000: 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 $375,000,000 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, $1,859,084,000.
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,
$637,290,000.
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,
$618,258,000.
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.
[[Page 117 STAT. 313]]
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, $1,349,788,000.
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, $280,100,000.
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, $1,146,272,000: 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 $120,000,000 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, $63,880,000.
[[Page 117 STAT. 314]]
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, $267,974,000: 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, $632,800,000, 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.
[[Page 117 STAT. 315]]
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, $3,158,068,000, of which $21,461,000 shall be available for
the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act: 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) technical assistance, national data, data
collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of title XIX:
Provided further, That in addition to amounts provided herein,
$12,000,000 shall be made available from amounts available under section
241 of the Public Health Service Act to carry out data collection
activities supporting the annual National Household Survey.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, 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: Provided, That the amount
made available pursuant to section 927(c) of the Public Health Service
Act shall not exceed $303,695,000.
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.
[[Page 117 STAT. 316]]
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 $2,581,672,000, 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 of the amounts made available
for research, demonstration and evaluation, $1,500,000 is available for
AIDS Healthcare Foundation in Los Angeles for a demonstration of
residential and outpatient treatment facilities, $500,000 is available
for Bucks County Health Improvement Project, Langhorne, Pennsylvania,
$464,000 is available for Children's Hospice International demonstration
program to provide a continuum of care for children with life-
threatening conditions and their families, $350,000 is available for
Children's Hospitals and Clinics of Minneapolis/St. Paul, in partnership
with the National Hospice and Palliative Care Organization, for a
demonstration project to provide pediatric palliative care education and
consultation services, $100,000 is available for Community Catalyst
Inc., in Boston, MA, to expand a benefits management program to improve
the delivery of healthcare benefits to low-income individuals, $75,000
is available for Cook County Illinois Bureau of Health Services to
improve the management of the vulnerable patients with poorly controlled
diabetes, $700,000 is available for the County of Sacramento,
California, for implementation of the SacAdvantage pilot program to
increase availability of health insurance for uninsured workers and
their dependents through premium subsidies and purchasing pools,
$200,000 is available for Equip for Equality in Chicago, Illinois, for a
demonstration project to document the impact of an independent
investigative unit to examine deaths and serious
[[Page 117 STAT. 317]]
allegations of abuse and neglect of people with disabilities at
facilities in Illinois, $300,000 is available for Hamot Medical Center,
Erie, PA, for a demonstration project for the evaluation of advanced
illness coordinated care for Medicare beneficiaries, $100,000 is
available for Hope House Day Care Center in Memphis, Tennessee, for a
demonstration project on improving the overall well-being of HIV
positive children, $500,000 is available for the Hospice of Metro Denver
in Denver, Colorado, to establish a clinical and training affiliation
with the University of Colorado's Health Science Center and to develop
cutting-edge palliative care practices, $350,000 is available for
Illinois Primary Health Care Association, in Springfield, Illinois, to
implement the Shared Integrated Management Information System, $100,000
is available for Jefferson Area Board for Aging, Charlottesville,
Virginia, for continuation of the recruitment, retention, training, and
support of nursing assistants, $100,000 is available for Johns Hopkins
School of Medicine, Baltimore, MD, for an advanced respiratory medicine
project to study in-home, self-administered high frequency chest wall
oscillation therapy, $130,000 is available for Medical Care for Children
Partnership, Fairfax, Virginia, to provide outreach to increase access
to medical and dental care for children, and $325,000 is available for
The Breast Cancer Fund in San Francisco, California (in collaboration
with Shanti) for the ``Lifelines'' project to increase access to breast
cancer treatment for medically underserved women: 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
[[Page 117 STAT. 318]]
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), $436,724,000: 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.
[[Page 117 STAT. 319]]
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(i) 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, $8,643,117,00, 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
$739,315,000 shall be for making payments under the Community Services
Block Grant Act: Provided, That not less than $7,250,000 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 <<NOTE: Procedures.>> the Secretary shall establish procedures
regarding the disposition of intangible property <<NOTE: 42 USC 9921
note.>> 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
[[Page 117 STAT. 320]]
sole property of such grantees after a period of not more than 12 years
after the end of the grant for purposes and uses consistent with the
original grant: Provided further, That funds appropriated for section
680(a)(2) of the Community Services Block Grant Act, as amended, shall
be available for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $90,567,000 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 $40,770,000 is for the transitional living program:
Provided further, That $35,000,000 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, $100,000,000.
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, $1,376,001,000, of which $5,500,000 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, $361,364,000,
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
[[Page 117 STAT. 321]]
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, $37,300,000: 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
[[Page 117 STAT. 322]]
Officers account. For purposes of this Act, the term ``pay of members''
shall be construed to be synonymous with retirement payments to United
States 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, $2,246,680,000: Provided, That this amount is distributed
as follows: Centers for Disease Control and Prevention, $1,543,440,000
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;
$546,000,000; and the Agency for Healthcare Research and Quality,
$5,000,000, to remain available until expended; Provided further, That
at the discretion of the Secretary, these amounts may be transferred
between categories subject to normal reprogramming procedures: Provided
further, That employees of the Centers for Disease Control and
Prevention or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities or other organizations
under authority of section 214 of the Public Health Service Act for
purposes related to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be included within
any personnel ceiling applicable to the Agency, Service, or the
Department of Health and Human Services during the period of detail or
assignment.
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. <<NOTE: Children, youth and families. AIDS.>> 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. <<NOTE: Reports.>> 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
[[Page 117 STAT. 323]]
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 2.1 percent, of any amounts appropriated for programs authorized
under said Act 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 or any other 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 <<NOTE: Notification.>> 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 <<NOTE: Notification.>> the Congress is promptly notified of the
transfer.
Sec. 209. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the
National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research''
account. The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be
[[Page 117 STAT. 324]]
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. <<NOTE: Inter- governmental relations.>> (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). <<NOTE: Reports. Deadline.>> 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 provide such
funds by advance or reimbursement to the Secretary
[[Page 117 STAT. 325]]
of State as may be necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities outside of the
United States for the use of the Department of Health and Human
Services. The Department of State shall cooperate fully with the
Secretary of Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional facilities that
comply with applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by this Act.
The Secretary of Health and Human Services is authorized, in
consultation with the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private institutions
or agencies in participating foreign countries, funds to acquire, lease,
alter, or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities abroad.
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) <<NOTE: Reports.>> 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
[[Page 117 STAT. 326]]
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-
20) 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 11, by <<NOTE: 115 Stat.
180.>> striking ``$300,000,000'' and inserting ``$200,000,000'', and by
adding under such heading the following new paragraph: ``For an
additional amount for the Low Income Home Energy Assistance Program
authorized under title XXVI of the Omnibus Budget Reconciliation Act of
1981 (42 U.S.C. 8621(e)), $100,000,000, to remain available until
expended.''.
Sec. 220. 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 Health and Human
Services Appropriations Act, 2003''.
TITLE <<NOTE: Department of Education Appropriations Act, 2003.>> 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, $13,853,400,000, of which $4,651,199,000 shall become available on
July 1, 2003, and shall remain available through September 30, 2004, and
of which $9,027,301,000 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
[[Page 117 STAT. 327]]
section 1124A: Provided further, That $1,670,239,000 shall be available
for targeted grants under section 1125: Provided further, That
$1,541,759,000 shall be available for education finance incentive grants
under section 1125A: Provided further, That $235,000,000 shall be
available for comprehensive school reform grants under part F of the
ESEA.
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, $1,196,000,000, of which $1,032,000,000
shall be for basic support payments under section 8003(b), $51,000,000
shall be for payments for children with disabilities under section
8003(d), $45,000,000 shall be for construction under section 8007 and
shall remain available through September 30, 2004, $60,000,000 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, $8,052,957,000, of which $508,100,000
shall become available October 1, 2002, and shall remain available
through September 30, 2004, of which $4,132,167,000 shall become
available on July 1, 2003, and remain available through September 30,
2004, and of which $1,765,000,000 shall become available on October 1,
2003, and shall remain available through September 30, 2004, for
academic year 2003-2004: Provided, That up to $12,000,000 may be used to
carry out section 2345 of the ESEA: Provided further, 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 $75,000,000 for continuing and new grants
to demonstrate effective approaches to comprehensive school reform shall
be allocated and expended in the same manner as the funds provided unde